McDonald v. St. Paul Fire & Marine Insurance Co.

Upon Reargument

Commissioner Laurence F. Koll was not a member of the Workmen’s Compensation Commission at the time the commission heard this matter on the appeal from the referee’s determination awarding compensation to the employee. The other members of the commission being equally divided, due to the vacancy on the commission, the referee’s determination was affirmed. Since the commission did no actual factfinding because of the vacancy, this court in the interest of justice now remands the matter for reconsideration and a rehearing with full participation by the commission as now…