Legal Opinion · Dissent

Kahn v. State

Supreme Court of Minnesota

Decided January 25, 1980No. 49103Published

1DissentOtis, Justice

Because in my opinion respondent has failed, as a matter of law, to sustain her burden of proving that her injury arose out of and in the course of her employment, and because the University did not receive adequate notice of her claim, I respectfully dissent.

1. The majority concedes it is the settled law of this state, subject only to certain limited exceptions, that personal injuries suffered by an employee while traveling between work premises and home do not fall within the scope of workers’ compensation coverage. Minn.Stat. § 176.011, subd. 16 (1978); Lundgaard v. Department of Pub.…

2Cases cited5 opinions

  1. Pojanowski v. HartSupreme Court of Minnesota · 1970
  2. Davidson v. Bermo, Inc.Supreme Court of Minnesota · 1965
  3. Kling v. St. Barnabas HospitalSupreme Court of Minnesota · 1971
  4. Lundgaard v. STATE, DEPT. OF PUBLIC SAFETY, ETC.Supreme Court of Minnesota · 1975
  5. Waalk v. TONKAWOOD CONST. CO., INC.Supreme Court of Minnesota · 1975

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