Flansburg v. Giza
| Decision Date | 25 July 1969 |
| Docket Number | No. 41222,41222 |
| Citation | 169 N.W.2d 744,284 Minn. 199 |
| Parties | Lloyd E. FLANSBURG, Respondent, v. Harold M. GIZA, dba Giza Plumbing & Heating, et al., Relators, Sorenson Plumbing & Heating et al., Respondents, State Treasurer, Custodian of Minnesota Special Compensation Fund, Respondent. |
| Court | Minnesota Supreme Court |
Syllabus by the Court
The second injury provisions of the Workmen's Compensation Act, Minn.St. 176.131, in effect provide. (1) If the second accident is such that it would itself produce a disabling result, but the extent of the injury is substantially greater because of the preexisting disability resulting from the prior accident, the second injury is compensable under subdivision 1; but (2) if the second accident is such that it would not itself result in disability or death, and the disability or death occurs only because of the preexisting disability, the second injury is compensable under subdivision 2. The employer-insurer who asserts the benefit of either alternative has the burden of proving the determinative fact making the asserted alternative applicable. This kind of fact ordinarily requires proof by competent medical evidence.
Kenneth B. Jones, Jr., Raymond W. Fitch, Minneapolis, for relators.
Jack DeVaughn, Minneapolis, for Flansburg.
William M. Robb, Minneapolis, for Sorenson Plumbing and Heating.
Douglas M. Head, Atty. Gen., Richard H. Kyle, Sol. Gen., John Romine, St. Paul, for State Treasurer.
Heard before KNUTSON, C.J., and MURPHY, ROGOSHESKE, SHERAN, and PETERSON, JJ.
A disputed construction of the so-called 'second injury' provisions of the Workmen's Compensation Act is presented for resolution by certiorari to review an order of the Workmen's Compensation Commission. Minn.St. 176.131 provides:
'(a) If the personal injury alone results in permanent partial disability to a scheduled member under section 176.101, the monetary and medical expense limitations shall not apply and the employer shall be liable for such compensation, medical expense, and retraining attributable to the permanent partial disability, and he may be reimbursed from the compensation fund only for compensation paid in excess of such disability.
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Norris v. Iowa Beef Processors, Inc.
...or percentage than the permanent disability from the second or subsequent compensable injury considered by itself. Flansburg v. Giza, 284 Minn. 199, 169 N.W.2d 744 (1969). See, also, Benson v. Barnes & Barnes Trucking, 217 Neb. 865, 354 N.W.2d 127 (1984) (on employer's claim for apportionme......
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Jewison v. Frerichs Const.
...or would not have been as serious if the employee had not possessed a preexisting physical impairment. Flansburg v. Giza, 284 Minn. 199, 200-01, 169 N.W.2d 744, 745-46 (1969). In order to take this advantage of the Fund, employers must have knowledge of the employee's preexisting physical i......
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Tuomela v. Reserve Mining Co.
...of the combination of his preexisting leg injury and subsequent back injury. Relying on our statement in Flansburg v. Giza, 284 Minn. 199, 201, 169 N.W.2d 744, 746 (1969), relator argues Dr. Goldner's opinion is conclusive upon the trier of fact. In that case the commission declined to full......
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Osterkamp v. Craftsman Press
...denial of reimbursement. The burden of establishing that the disability was substantially greater was upon relators. Flansburg v. Giza, 284 Minn. 199, 169 N.W.2d 744 (1969). Our review of the record convinces us that relators did not meet this burden and that there is credible evidence to s......