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SUNDBY v. CITY OF ST. PETER

No. A04-1047.

693 N.W.2d 206 (2005)

Timothy A. SUNDBY, Respondent, v. CITY OF ST. PETER, Self-Insured, adm'd by Berkley Risk Administrators Co., Respondents, Rolco, Inc., and State Fund Mutual Insurance Co., Respondents, and Special Compensation Fund, Relator.

Supreme Court of Minnesota.

March 17, 2005.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, State of Minnesota, Rory H. Foley, Assistant Attorney General, St. Paul, MN, for Relator.

Jerold M. Lucas, MacKenzie & Gustafson, Ltd, St. Peter, MN, for Respondent Sundby.

Richard Riemer, Erstad & Riemer, P.A., Minneapolis, MN, for Respondent City of Saint Peter.

Andrew W. Lynn, Lynn, Scharfenberg & Associates, Minneapolis, MN, for Respondent Rolco, Inc.

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

OPINION

PAUL H. ANDERSON, Justice.

We review on certiorari a decision of the Workers' Compensation Court of Appeals (WCCA) affirming a workers' compensation judge's determination that, under Minn.Stat. § 176.101, subd. 4 (2004), Social Security Disability Insurance (SSDI) child's benefits are to be included when calculating the amount of reduction in an employer's payment of workers' compensation benefits. We conclude that SSDI child's benefits are...

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