STATE OF MINNESOTA

IN SUPREME COURT

C3-99-202

David A. Simek,

Respondent,

vs.

Cub Foods, and
Liberty Mutual Insurance Company,

Relators,

Minneapolis Retail Meatcutters
H&W Fund, intervenor,

Respondent,

Fairview Hospital, et al., intervenors,

Respondents.

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 4, 1999, be, and the same is, affirmed without opinion. See Minn. R. Civ. App. P. 136.01, subd. 1(b).

Employee is awarded $400 in attorney fees.

Dated: April 13, 1999

BY THE COURT:

/s/ Paul H. Anderson
Associate Justice