Hanke v. Northern States Power Co.
This text of 242 N.W. 621 (Hanke v. Northern States Power Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Certiorari to the industrial commission to review an order denying a petition to vacate an award of compensation (made as the result of a lump sum settlement with the approval of the commission) and to award additional compensation.
Relator’s claim is that the settlement and order under attack were made as the result of a mistake, the error consisting in the ignorance of all concerned of a compression fracture of relator’s twelfth dorsal vertebra. He has such a fracture and now claims that it was caused by the industrial accident which gave him right to compensation. His petition was heard on the merits and denied upon competent medical opinion that the fracture is “very old * ® * many years old,” and so not the result of the accident upon which relator’s claim is based. That is enough to show that, whatever its evidentiary support otherwise, relator’s petition was *185 so opposed by evidence that in any view the denial of it was not an abuse of discretion. See Frederickson v. Burns Lbr. Co. 178 Minn. 464, 227 N. W. 657.
Order affirmed.
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Cite This Page — Counsel Stack
242 N.W. 621, 186 Minn. 184, 1932 Minn. LEXIS 861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hanke-v-northern-states-power-co-minn-1932.