Olson v. Lyrek

OPINION

SCHUMACHER, Judge.

Appellants Gerald J. Lyrek and Valley Rich Company, Inc. moved for summary judgment on the grounds that Lyrek and respondent Charles D. Olson were engaged in a common enterprise, thus barring a suit under the election-of-remedies provision of the Minnesota Workers’ Compensation Act. The district court denied the motion, finding that Lyrek and Olson had not been exposed to the same or similar hazards. We affirm.

FACTS

Egan & Sons, Olson’s employer, was awarded a plumbing contract by Opus Corporation to install sanitary sewer lines. Olson was foreman on the project.…