Summary
In Wever v. Farmhand, Inc. 302 Minn. 546, 224 N.W.2d 162 (1974), we remanded for reconsideration before the full commission an equally divided determination made during the same period of vacancy as that in this case.
Summary of this case from Creathers v. Armour and Co.Opinion
No. 44768.
December 6, 1974.
Workmen's compensation — appeal from compensation judge's award — affirmance by equally divided commission — remanded.
Certiorari upon the relation of Farmhand, Inc., self-insured employer, to review a decision of the Workmen's Compensation Commission awarding benefits against said relator to Julia Wever, widow of Elmo Wever, deceased employee. Remanded.
Lasley, Gaughan, Reid Stich and W. M. Lasley, for relator.
Richard C. Smith, for respondent.
Considered and decided by the court without oral argument.
Commissioner Charles C. Reischel was not a member of the Workmen's Compensation Commission at the time the commission heard this matter on appeal from the compensation judge's determination awarding compensation to the employee's widow. Because of the vacancy on the commission and the other members being equally divided, the determination of the compensation judge was affirmed. Since the commission did no actual factfinding because of the vacancy, in the interest of justice we remand the matter for reconsideration by the full commission as now constituted. See, McDonald v. St. Paul Fire Marine Ins. Co. 283 Minn. 533, 167 N.W.2d 723 (1969).
Neither party shall be allowed costs or disbursements.
Remanded.