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LENDE v. LENDE CONST. CO.

No. C2-87-1562.

417 N.W.2d 633 (1988)

Janelle S. LENDE, Relator, v. LENDE CONSTRUCTION COMPANY and Minnesota Workers' Compensation Assigned Risk Plan, c/o EBA, DaVerne Corporation and General Accident Fire and Life Insurance Co., State Treasurer, Custodian of the Special Compensation Fund, Respondents.

Supreme Court of Minnesota.

Rehearing Denied February 18, 1988.

Attorney(s) appearing for the Case

David K. Cody, St. Paul, for relator.

Michael J. Koshmrl, Edina, for Lende Const. Co. et al.

Patrick F. Mahoney, Minneapolis, for DaVerne Corp., et al.

Louis Hofman, Sp. Asst. Atty. Gen., St. Paul, for Sp. Compensation Fund.

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

OPINION

AMDAHL, Chief Justice.

Employee sought review of a decision of the Workers' Compensation Court of Appeals reversing the compensation judge's finding of liability on the part of the general contractor of a subcontractor who was statutorily permitted to elect compensation coverage but did not do so. We affirm.

DaVerne Corporation, owned by David Ficek, operated primarily as a general contractor in new construction and retained subcontractors...

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