Jolly v. Jesco, Inc.

Otis, Justice.1

This is a proceeding brought by the dependent widow of a deceased employee to recover a penalty against the employer for interposing a frivolous defense under Minn. St. 176.225.2 The relator was originally awarded benefits by the Industrial Commission under the Workmen’s Compensation Act, and the employer appealed to this court. We affirmed the award in Jolly v. Jesco, Inc. 271 Minn. 333, 135 N. W. (2d) 746. Relator here asserts that the defense was frivolous. The referee held that it was not, and a divided commission affirmed that decision.

The facts are fully set forth in our…