Gerald D. Simonson, Respondent, vs. Zupanich Brothers and EBI Companies, Relators, and Zupanich Brothers and Sentry Insurance Company, Respondents, and Zupanich Brothers and American Family Insurance Company, Respondents, and Northern Minnesota-Wisconsin Retail Food Health & Welfare Fund, intervenor, Respondent, and Special Compensation Fund.

Gerald D. Simonson, Respondent, vs. Zupanich Brothers and EBI Companies, Relators, and Zupanich Brothers and Sentry Insurance Company, Respondents, and Zupanich Brothers and American Family Insurance Company, Respondents, and Northern Minnesota-Wisconsin Retail Food Health & Welfare Fund, intervenor, Respondent, and Special Compensation Fund. C7-00-324, Supreme Court Order, May 25, 2000.

STATE OF MINNESOTA

IN SUPREME COURT

C7-00-324

Gerald D. Simonson,

Respondent,

vs.

Zupanich Brothers and EBI Companies,

Relators,

and

Zupanich Brothers and
Sentry Insurance Company,

Respondents,

and

Zupanich Brothers and American
Family Insurance Company,

Respondents,

and

Northern Minnesota-Wisconsin Retail
Food Health & Welfare Fund, intervenor,

Respondent,

and

Special Compensation Fund.

Considered and decided by the court en banc.

O R D E R

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed January 27, 2000, be, and the same is, affirmed without opinion. See Minn. R. Civ. App. P. 136.01, subd. 1(b).

Dated: May 16, 2000

BY THE COURT:

/s/Kathleen A. Blatz
Chief Justice