Guggenberger v. Cold Spring Granite Co.

I respectfully dissent. It is undisputed that the employee’s silicosis was caused by his employment with relator Cold Spring Granite Company, where he worked for 44 years. Because causation is undisputed, the majority’s reliance on Minn.Stat. § 176.66, subd. 3 (1971), to deny benefits is unjustified.

The facts, which the majority finds supported by the evidence, are as follows: The employee, respondent Norbert Guggenber-ger, worked for relator Cold Spring Granite Company from 1936 through the date of the hearing before the compensation judge in November 1980. He was exposed to silica dust from…