Wever v. Farmhand, Inc.
This text of 224 N.W.2d 162 (Wever v. Farmhand, Inc.) 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
Commissioner Charles C. Reischel was not a member of the Workmen’s Compensation Commission at the time the commission heard this matter on appeal from the compensation judge’s determination awarding compensation to the employee’s widow. Because of the vacancy on the commission and the other members being equally divided, the determination of the compensation judge was affirmed. Since the commission did no actual factfinding because of the vacancy, in the interest of justice we remand the matter for reconsideration by the full commission as now constituted. See, McDonald v. St. Paul Fire & Marine Ins. Co. 283 Minn. 533, 167 N. W. 2d 723 (1969).
Neither party shall be allowed costs or disbursements.
Remanded.
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Cite This Page — Counsel Stack
224 N.W.2d 162, 302 Minn. 546, 1974 Minn. LEXIS 1212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wever-v-farmhand-inc-minn-1974.