McDonald v. St. Paul Fire & Marine Insurance Co.

Supreme Court of Minnesota

McDonald v. St. Paul Fire & Marine Insurance Co.

167 N.W.2d 723, 283 Minn. 533, 1969 Minn. LEXIS 1200

CourtSupreme Court of Minnesota

DecidedApril 25, 1969

Docket41200

StatusPublished

Cited by2 cases

This text of 167 N.W.2d 723 (McDonald v. St. Paul Fire & Marine Insurance 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.

Bluebook

McDonald v. St. Paul Fire & Marine Insurance Co., 167 N.W.2d 723, 283 Minn. 533, 1969 Minn. LEXIS 1200 (Mich. 1969).

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Opinion

Upon Reargument

Per Curiam.

Commissioner Laurence F. Koll was not a member of the Workmen’s Compensation Commission at the time the commission heard this matter on the appeal from the referee’s determination awarding compensation to the employee. The other members of the commission being equally divided, due to the vacancy on the commission, the referee’s determination was affirmed. 1 Since the commission did no actual factfinding because of the vacancy, this court in the interest of justice now remands the matter for reconsideration and a rehearing with full participation by the commission as now constituted. 2

This order is not intended to overrule Barlau v. Minneapolis-Moline P. I. Co. 214 Minn. 564, 9 N. W. (2d) 6, or Nelson v. Creamery Package Mfg. Co. 215 Minn. 25, 9 N. W. (2d) 320, wherein this court established the rule that where one of the members of the commission is incapacitated or disqualified and the others are equally divided in opinion on an appeal from a referee’s decision awarding compensation, an affirmance of the referee’s decision occurs by operation of law.

*534 The opinion filed herein on December 27, 1968, is withdrawn and the foregoing is substituted in its place.

Remanded.

Mr. Justice Frank T. Gallagher took no part in the consideration or decision of this case.

1

Cf. Erickson v. Bakke, 253 Minn. 577, 95 N. W. (2d) 656; Armstrong v. City of Rochester, 211 Minn. 613, 299 N. W. 683; 1B Dunnell, Dig. (3 ed.) § 290, and cases cited therein.

2

See, Nierengarten v. State Dept. of Highways, 282 Minn. 231, 163 N. W. (2d) 862.

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Upon Reargument

Per Curiam.

Commissioner Laurence F. Koll was not a member of the Workmen’s Compensation Commission at the time the commission heard this matter on the appeal from the referee’s determination awarding compensation to the employee. The other members of the commission being equally divided, due to the vacancy on the commission, the referee’s determination was affirmed. 1 Since the commission did no actual factfinding because of the vacancy, this court in the interest of justice now remands the matter for reconsideration and a rehearing with full participation by the commission as now constituted. 2

This order is not intended to overrule Barlau v. Minneapolis-Moline P. I. Co. 214 Minn. 564, 9 N. W. (2d) 6, or Nelson v. Creamery Package Mfg. Co. 215 Minn. 25, 9 N. W. (2d) 320, wherein this court established the rule that where one of the members of the commission is incapacitated or disqualified and the others are equally divided in opinion on an appeal from a referee’s decision awarding compensation, an affirmance of the referee’s decision occurs by operation of law.

*534 The opinion filed herein on December 27, 1968, is withdrawn and the foregoing is substituted in its place.

Remanded.

Mr. Justice Frank T. Gallagher took no part in the consideration or decision of this case.

1

Cf. Erickson v. Bakke, 253 Minn. 577, 95 N. W. (2d) 656; Armstrong v. City of Rochester, 211 Minn. 613, 299 N. W. 683; 1B Dunnell, Dig. (3 ed.) § 290, and cases cited therein.

2

See, Nierengarten v. State Dept. of Highways, 282 Minn. 231, 163 N. W. (2d) 862.

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Bluebook (online)

167 N.W.2d 723, 283 Minn. 533, 1969 Minn. LEXIS 1200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdonald-v-st-paul-fire-marine-insurance-co-minn-1969.

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