Rosso v. City of Minneapolis

Supreme Court of Minnesota

Rosso v. City of Minneapolis

204 N.W.2d 214, 295 Minn. 556, 1973 Minn. LEXIS 1340

CourtSupreme Court of Minnesota

DecidedFebruary 9, 1973

DocketNo. 43521

StatusPublished

Cited by2 cases

This text of 204 N.W.2d 214 (Rosso v. City of Minneapolis) 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

Rosso v. City of Minneapolis, 204 N.W.2d 214, 295 Minn. 556, 1973 Minn. LEXIS 1340 (Mich. 1973).

Pincite

Opinion

Per Curiam.

The city of Minneapolis, relator herein, seeks review of a decision of the Workmen’s Compensation Commission awarding dependency benefits to the wife of a Minneapolis fireman. The death, due to a heart attach caused by coronary sclerosis, occurred approximately one year after decedent’s retirement. Three physicians testified the coronary sclerosis which was a cause of the employee’s death was work-related; one testified to the contrary.

Since the commission had before it credible testimony on which to base its findings, and the findings are not manifestly contrary to the evidence, we are bound by them. Murphy v. Minnesota Min. & Mfg. Co. 292 Minn. 450, 194 N. W. 2d 189 (1972); Schwartz v. City of Duluth, 264 Minn. 514, 119 N. W. 2d 822 (1963); Anderson v. City of Minneapolis, 258 Minn. 221, 103 N. W. 2d 397 (1960); Ogren v. City of Duluth, 219 Minn. 555, 18 N. W. 2d 535 (1945); Kellerman v. City of St. Paul, 211 Minn. 351, 1 N. W. 2d 378 (1941).

Respondent is hereby allowed attorneys’ fees of $400.

Affirmed.

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Per Curiam.

The city of Minneapolis, relator herein, seeks review of a decision of the Workmen’s Compensation Commission awarding dependency benefits to the wife of a Minneapolis fireman. The death, due to a heart attach caused by coronary sclerosis, occurred approximately one year after decedent’s retirement. Three physicians testified the coronary sclerosis which was a cause of the employee’s death was work-related; one testified to the contrary.

Since the commission had before it credible testimony on which to base its findings, and the findings are not manifestly contrary to the evidence, we are bound by them. Murphy v. Minnesota Min. & Mfg. Co. 292 Minn. 450, 194 N. W. 2d 189 (1972); Schwartz v. City of Duluth, 264 Minn. 514, 119 N. W. 2d 822 (1963); Anderson v. City of Minneapolis, 258 Minn. 221, 103 N. W. 2d 397 (1960); Ogren v. City of Duluth, 219 Minn. 555, 18 N. W. 2d 535 (1945); Kellerman v. City of St. Paul, 211 Minn. 351, 1 N. W. 2d 378 (1941).

Respondent is hereby allowed attorneys’ fees of $400.

Affirmed.

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Bluebook (online)

204 N.W.2d 214, 295 Minn. 556, 1973 Minn. LEXIS 1340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosso-v-city-of-minneapolis-minn-1973.

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