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GLUBA EX REL. GLUBA v. BITZAN & OHREN

No. A06-1849.

735 N.W.2d 713 (2007)

James E. GLUBA, deceased, by Lorraine GLUBA, Relator, v. BITZAN & OHREN MASONRY and Grinnell Mutual Group, Respondents.

Supreme Court of Minnesota.

July 26, 2007.

Attorney(s) appearing for the Case

DeAnna M. McCashin, Schoep & McCashin, Chtd., Alexandria, MN, for Employee/Relator.

Dianne E. Walsh, Heacox, Hartman, Koshmrl, Cosgriff & Johnson, P.A., St. Paul, MN, for Respondents.

Lori Swanson, Attorney General, Jon K. Murphy, Assistant Attorney General, St. Paul, MN, for Minnesota Department of Labor and Industry.

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

OPINION

ANDERSON, PAUL H., Justice.

James E. Gluba filed a workers' compensation claim petition with the Minnesota Department of Labor and Industry, alleging that he was permanently and totally disabled as a result of a work-related injury. A workers' compensation judge found that Gluba had a permanent partial disability of 10 percent and was unemployed and unemployable as a result of the injury. The judge nonetheless concluded that Gluba was ineligible...

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