Minnesota Supreme Court, 1984

Hodge v. Hodge Construction

Hodge v. Hodge Construction
Minnesota Supreme Court · Decided December 21, 1984 · Todd
359 N.W.2d 572; 1984 Minn. LEXIS 1549 (North Western Reporter, Second Series)

Counsel

Cortlen G. Cloutier, Minneapolis, for relator., Peter J. Pustorino, Minneapolis, 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 1985, 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

Hodge v. Hodge Construction

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

OPINION

TODD, Justice.

Employee seeks review of a decision of the Workers’ Compensation Court of Appeals in which the court set aside the compensation judge’s contrary determination, and substituted its conclusion that a heart attack sustained by employee on October 23, 1981, did not arise out of and in the course of his employment. Although the WCCA’s opinion states that it was aware of the 1983 appellate review amendments to the Workers’ Compensation Act, it is not clear they applied the standard of review required by those amendments. See Hengemuhle v. Long Prairie Jaycees, 358 N.W.2d 54 (Minn. 1984). It appears also that the WCCA discounted employee’s testimony about his mental stress as “perceived” rather than actual, a distinction rejected by this court in Egeland v. City of Minneapolis, 344 N.W.2d 597, 602-03 (Minn. 1984). Consequently, we remand the matter so the WCCA may reconsider the compensation judge’s determination in light of these decisions.

Remanded.

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