Minnesota Supreme Court, 1969

McDonald v. St. Paul Fire & Marine Insurance Co.

Minnesota Supreme Court · Decided April 25, 1969 · Gallagher

167 N.W.2d 723; 283 Minn. 533; 1969 Minn. LEXIS 1200 (North Western Reporter, Second Series)

Counsel

Meagher, Geer, Markham & Anderson, Mary Jeanne Coyne, and O. C. Adamson II, for relator., George A. Kurtz and Daniel B. Gallagher, for respondent.

Can I rely on this case?

Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.

(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1974, among the opinions in this site’s citation index.

Not a substitute for Shepard’s or KeyCite — verify before relying.

See our Terms of Use before relying on these notes. Report an error

Cases that cite this one

2 later published cases cite this decision.

Wever v. Farmhand, Inc. (Minn. 1974)
McDonald v. St. Paul Fire & Marine Insurance Co. (Minn. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Upon Reargument

Per Curiam.

Commissioner Laurence F. Koll was not a member of the Workmen’s Compensation Commission at the time the commission heard this matter on the appeal from the referee’s determination awarding compensation to the employee. The other members of the commission being equally divided, due to the vacancy on the commission, the referee’s determination was affirmed. 1 Since the commission did no actual factfinding because of the vacancy, this court in the interest of justice now remands the matter for reconsideration and a rehearing with full participation by the commission as now constituted. 2

This order is not intended to overrule Barlau v. Minneapolis-Moline P. I. Co. 214 Minn. 564, 9 N. W. (2d) 6, or Nelson v. Creamery Package Mfg. Co. 215 Minn. 25, 9 N. W. (2d) 320, wherein this court established the rule that where one of the members of the commission is incapacitated or disqualified and the others are equally divided in opinion on an appeal from a referee’s decision awarding compensation, an affirmance of the referee’s decision occurs by operation of law.

*534 The opinion filed herein on December 27, 1968, is withdrawn and the foregoing is substituted in its place.

Remanded.

Mr. Justice Frank T. Gallagher took no part in the consideration or decision of this case.

Cf. Erickson v. Bakke, 253 Minn. 577, 95 N. W. (2d) 656; Armstrong v. City of Rochester, 211 Minn. 613, 299 N. W. 683; 1B Dunnell, Dig. (3 ed.) § 290, and cases cited therein.

See, Nierengarten v. State Dept. of Highways, 282 Minn. 231, 163 N. W. (2d) 862.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.