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STATE OF MINNESOTA IN SUPREME COURT A08-2084

Jerred K. Moore, Respondent, vs. Cal Spas of Minnesota, and SFM Mutual Insurance Company, Relators.

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Thomas A. Klint, Michael T. Freske, P.A., Midwest Disability, Coon Rapids, Minnesota, for respondent. M. Chapin Hall, Lynn, Scharfenberg & Associates, Minneapolis, Minnesota, for relators.

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Considered and decided by the court without oral argument.

ORDER Based upon all the files, records and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed November 13, 2008, be, and the same is, affirmed without opinion. See Hoff v. Kempton, 317 N.W.2d 361, 366 (Minn. 1982) (explaining that 1

"[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. Dated: May 5, 2009

BY THE COURT:

/s/ Helen M. Meyer Associate Justice

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