Opinion
No. 45733.
February 20, 1976.
Workers' compensation — compensation proceeding — denial of claim for benefits — propriety.
Certiorari upon the relation of Frank Becker, employee, to review a decision of the Workers' Compensation Board limiting an award for temporary partial disability to be paid by Francis C. Schellinger, employer, and Westfield Insurance Company, his insurer. Affirmed.
P. Nadine James, for relator.
Robert J. Munson, for respondents.
Considered and decided by the court without oral argument.
This employee seeks review of a decision of the Workers' Compensation Board denying his claim for temporary partial disability benefits. The legal issue raised on appeal was recently decided in LeMieux v. Mortenson, 306 Minn. 50, 234 N.W.2d 897 (1975). Although this appeal presents some factual differences from LeMieux, they are differences without legal significance.
The dissenting commissioner expressed concern for the ability of the employee to continue in his present employment subject to his disability. Should the employee become unable to do so, appropriate relief would be available under Minn. St. 176.461.
Affirmed.