HODGE v. HODGE CONST.

No. C2-85-1251.

376 N.W.2d 694 (1985)

Daniel HODGE, Relator, v. HODGE CONSTRUCTION and Aetna Casualty and Surety Co., A Home of Your Own and Federated Mutual Insurance Co., Respondents, Minnesota Department of Public Welfare, Intervenor Below.

Supreme Court of Minnesota.

November 27, 1985.


Attorney(s) appearing for the Case

Cortleu G. Cloutier, Minneapolis, for relator.

Peter Pustorino, Minneapolis, for Hodge Const., Gerald M. Linnihan, St. Paul, for A Home of Your Own, Patricia Sonnenberg, St. Paul, for Dept. of Public Welfare.

Considered and decided by the court en banc without oral argument.


YETKA, Justice.

For the second time, employee seeks review of a decision of the Workers' Compensation Court of Appeals which, while accepting the compensation judge's underlying findings of fact, set aside his conclusion that a heart attack sustained by employee on October 23, 1981, had arisen out of and in the course of his employment. The WCCA substituted its own contrary determination, and when the decision was first reviewed by this court, we remanded so that...

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