Minnesota Supreme Court, 2008

Rubertus v. Schwan's, Inc.

Minnesota Supreme Court · Decided October 29, 2008 · Alan

757 N.W.2d 179; 2008 Minn. LEXIS 618; 2008 WL 4810796 (North Western Reporter, Second Series)

Counsel

Luke M. Seifert, Laura A. Moehrle, Quinlivan & Hughes, P.A., St. Cloud, MN, for relator Jason J. Rubertus., Robin D. Simpson, Michael C. Greger-son, Aafedt, Forde, Gray, Monson & Hag-er, P.A., Minneapolis, MN, for relators Schwan’s, Inc., and Liberty Mutual Insurance Company., Andrew W. Lynn, Lynn, Scharfenberg & Associates, Minneapolis, Minnesota, for respondents D & G Excavating, Inc., and SFM Mutual Insurance Company. Thomas L. Cummings, Jardine, Logan & O’Brien, P.L.L.P., for respondents Buch-holtz Construction, Inc., and Acuity Mutual Insurance Company.

Opinion

ORDER

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that these appeals are consolidated for purposes of consideration.

IT IS FURTHER ORDERED that the decision of the Workers’ Compensation Court of Appeals filed July 1, 2008, be, and the same is, affirmed without opinion. See Hoff v. Kempton, 317 N.W.2d 361, 366 (Minn. 1982) (explaining that “[s]ummary affirmances have no precedential value because they do not commit the court to any particular point of view,” doing no more than establishing the law of the case).

Employee is awarded $1,200 in attorney fees (A08-1258).

BY THE COURT:

/s/Alan C. Page Associate Justice

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