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KLOSS v. E & H EARTHMOVERS

No. C1-91-195.

472 N.W.2d 109 (1991)

Bernard KLOSS, Respondent, v. E & H EARTHMOVERS and Northwestern National Insurance Company, Relators, and Jim Christle and Western National Insurance Company, Respondents, and Minnesota Department of Jobs and Training/UI, and Physicians Health Plan, Intervenors.

Supreme Court of Minnesota.

June 21, 1991.

Attorney(s) appearing for the Case

James S. Pikala, Arthur, Chapman & McDonough, P.A., Minneapolis, for Relators.

Jerry J. Lindberg, Ronald Dreski, P.A., Sauk Rapids, for Bernard Kloss.

Raymond W. Fitch, Fitch, Johnson, Larson & Walsh, Minneapolis, for Jim Christle.

Richard H. Rhode, Dept. of Jobs & Training/UI, St. Paul, for intervenor Dept. of Jobs & Training.

Recovery Coordinator, PHP, Minneapolis, for intervenor, PHP.

Heard, considered and decided by the court en banc.

YETKA, Justice.

This case raises the question of how the federal social security disability offset against workers' compensation benefits should be apportioned between two separate employers/insurers, both of whom are making workers' compensation payments to an employee injured twice — once while working for each employer — and, as a result, is permanently and totally disabled. The workers' compensation judge...

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