Nos. C9-00-1457, C9-00-1488.

627 N.W.2d 324 (2001)

David VEZINA, Relator, v. BEST WESTERN INN MAPLEWOOD and State Fund Mutual Insurance Company, Respondents, and Commissioner, Minnesota Department of Labor and Industry, Intervenor, Respondent. Lloyd G. Shelton, Relator, v. National Painting and Sandblasting and Wausau Insurance Company, Respondents, National Painting and Drywall and Grinnell Mutual/ASU Risk Management, Respondents, and Commissioner, MN Department of Labor and Industry, Intervenor, Respondent, and Special Compensation Fund.

Supreme Court of Minnesota.

May 31, 2001.

Attorney(s) appearing for the Case

Thomas D. Mottaz, Law Offices of Thomas D. Mottaz, Anoka, Dougals Peine, St. Paul, for Employee-Relator Vezina.

Andrew W. Lynn, Lynn Scharfenberg & Associates, Minneapolis, for Respondents Vezina.

Mike Hatch, Attorney General, State of Minnesota, Richard L. Varco, Jr., Assistant Attorney General, St. Paul, for Intervenor/Respondent Vezina and Shelton.

Pustorino, Tilton & Parrington, P.A., Peter J. Pustorino, Jeffrey James Lindquist, Minneapolis, Amicus for Minnesota Defense Lawyers Association.

Thomas R. Longfellow, Sieben, Polk, LaVerdiere, Jones & Hawn, P.A., Douglas Peine, St. Paul, for Employee-Relator Shelton.

Mark E. Tracy, Conley and Borgeson, Thomas L. Cummings, Jardine, Logan & O'Brien, P.L.L.P., St. Paul, for Respondents Shelton.

Heard, considered and decided by the court en banc.


STRINGER, Justice.

The primary issue presented by these two appeals consolidated for review on certiorari1 is whether Minn.Stat. § 176.101, subd. 4, requires that compensation for a permanently and totally disabled employee as defined in Minn.Stat. § 176.101, subd. 5 (2000), must be subject to a full offset for benefits received from other government disability programs. The parties do not dispute that David...

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