Lloyd v. Minnesota Valley Canning Co.
This text of 28 N.W.2d 697 (Lloyd v. Minnesota Valley Canning 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
This case comes here on appeal from an order sustaining a demurrer to the amended complaint. The action was by an employe against her employer, sounding in tort, for personal injuries resulting only in disfigurement not materially affecting plaintiff’s employ-ability. Plaintiff challenges the constitutionality of the workmen’s compensation act, but, since we hold that plaintiff’s injuries do not *306 fall within the coverage of that act, the question of constitutionality does not arise.
M. S. A. § 176.11, subd. 3(38), by necessary implication excludes from the coverage of the workmen’s compensation act disfigurement which does not materially affect employability. Therefore, plaintiff’s tort action for such disfigurement survived the enactment of the compensation act. Donnelly v. Minneapolis Mfg. Co. 161 Minn. 240, 201 N. W. 305; Rosenfield v. Matthews, 201 Minn. 113, 275 N. W. 698, and cases cited.
Order reversed.
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Cite This Page — Counsel Stack
28 N.W.2d 697, 224 Minn. 305, 1947 Minn. LEXIS 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lloyd-v-minnesota-valley-canning-co-minn-1947.