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BANKEN v. LAC QUI PARLE COOP OIL

No. A03-1119.

672 N.W.2d 203 (2003)

Dale R. BANKEN, Relator, v. LAC QUI PARLE COOP OIL and Farmland Mutual Insurance Company, Respondents, and Chandler Industries, and State Fund Mutual Insurance Company, Respondents, and Great Western Life Insurance Company, Abbott Northwestern Hospital, Blue Cross & Blue Shield of Minnesota, The Montevideo Clinic, P.A., Intervenors.

Supreme Court of Minnesota.

December 4, 2003.

Attorney(s) appearing for the Case

Linda Schoep, Schoep & McCashin, Alexandria, for Relator, Dale R. Banken.

Eugene Flick, Susan Tice, Jardine, Logan & O'Brien, P.L.L.P., Lake Elmo, for Respondents, Lac Qui Parle Coop Oil/Farmland Mutual Ins. Co.

Steven T. Scharfenberg, Minneapolis, for Respondents, Chandler Industries/State Fund Mutual Ins. Co.

Jane McMahon, St. Paul, for Intervenor, Blue Cross & Blue Shield of Minnesota.

The Montevideo Clinic, P.A., Montevideo, Intervenor.

Considered and decided by the court en banc without oral argument.

OPINION

GILBERT, Justice.

The sole issue for review on certiorari relates to an award of attorney fees pursuant to Minn.Stat. § 176.081, subd. 7 (2002), that the compensation judge had made on remand. The Workers' Compensation Court of Appeals (WCCA) reversed the award of subdivision 7 attorney fees. We reverse and reinstate the compensation judge's award.

Dale R. Banken sustained a compensable injury on January 24, 1997 while employed by Lac...

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