Minnesota Supreme Court, 1975

King v. Werner Continental, Inc.

King v. Werner Continental, Inc.
Minnesota Supreme Court · Decided May 9, 1975 · Otis, Todd, Yetka
304 Minn. 562; 229 N.W.2d 170; 1975 Minn. LEXIS 1467 (Minnesota Reports)

Counsel

Sachs, Latz & Kirshbaum and Timothy W. Began, for relator., Bey, Ochs & Klimek and Joseph A. Klimek, for respondents.

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 1979, 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

King v. Werner Continental, Inc.

Cases that cite this one

1 later published case cites this decision.

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 of the Court

Per Curiam.

The widow of an employee seeks review of a denial of payment of compensation for permanent partial disability suffered by her deceased husband. He died from causes unrelated to the original injury during the time he was receiving temporary total disability payments. We affirm.

Decedent, David W. King, was awarded on December 11, 1972, temporary total disability for a work-incurred injury. On August 1, 1973, decedent expired of causes totally unrelated to the work injury. On September 7,1973, his treating physician, who had testified at the hearing, wrote a letter giving an opinion that decedent had a permanent partial disability rating of 25 percent of the spine. This opinion was based on his last examination of decedent on November 2, 1972. The referee’s decision denying the claim was affirmed by the Workmen’s Compensation Commission.

The precise issue raised in this case was recently decided by this court in Umbreit v. Quality Tool, Inc. 302 Minn. 376, 225 N. W. 2d 10 (1975). At oral argument, counsel for appellant agreed that the cases are indistinguishable and that he could only prevail if we would re*563verse our decision in Umbreit. We decline to so do, and affirm for the reasons set forth in Umbreit.

Affirmed.

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