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BUSCH v. ADVANCED MAINTENANCE

No. C9-02-1480.

659 N.W.2d 772 (2003)

Jacqueline S. BUSCH, Relator, v. ADVANCED MAINTENANCE and State Farm Fire & Casualty Company, Respondents, Viking Foods and State Fund Mutual Insurance Co., Respondents, and Center for Diagnostic Imaging, Institute for Low Back & Neck Care, Corestar Health Plan, Intervenors, and Special Compensation Fund, Respondent.

Supreme Court of Minnesota.

April 24, 2003.

Attorney(s) appearing for the Case

Timothy J. McCoy (# 69930), McCoy, Peterson & Jorstad, Minneapolis, MN, for Employee-Relator.

Nancy E. Lamo (# 187136), McCollum, Crowley, Vehanen, Moschet & Miller, Ltd., Minneapolis, MN, for Employer/Insurer-Respondents, Advanced Maintenance and State Farm Fire & Casualty.

Steven T. Scharfenberg (# 199485), Lynn, Scharfenberg & Associates, Minneapolis, MN, for Employer/Insurer-Respondents, Viking Foods and State Fund Mutual Insurance Company.

Miriam Lantsberg, St. Louis Park, MN, for Intervenor-Respondent, Center for Diagnostic Imaging.

Larry C. Farrar, Mendota Heights, MN, for Intervenor-Respondent, Corestar Health Plan.

Michael Rasmussen, Minneapolis, MN, for Intervenor-Respondent, Institute for Low Back & Neck Care.

Mike Hatch, Attorney General, Rorey H. Foley (# 155056), Assistant Attorney General, St. Paul, MN, for Respondent, Special Compensation Fund.

Heard, considered, and decided by the court en banc.

OPINION

RUSSELL A. ANDERSON, Justice.

The issue presented by this case, which we review on certiorari, is whether the Workers' Compensation Court of Appeals erred in reversing the compensation judge's determination as to the controlling event for purposes of establishing the amount and period of an injured employee's compensation. We reverse and remand.

On June 19, 1990, Jacqueline Busch sustained injuries to her low back and coccyx when she slipped...

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