Lubinski v. Bros., Inc.

By reason of Minn.St. 176.141 and 176.-521, subd. 3, the compensation court may vacate an award based on a settlement “for cause.” We have held that “cause” exists in cases involving (a) fraud, (b) mistake, (c) newly discovered evidence, and (d) substantial change in the employee’s condition. Wollschlager v. Standard Const. Co., 300 Minn. 550, 220 N.W.2d 346 (1974). The basic underlying concern in a determination of cause sufficient to set aside an award is “to assure a compensation proportionate to the degree and duration of disability.” Elsenpeter v. Potvin, 213 Minn. 129, 132, 5 N.W.2d…