STATE OF MINNESOTA

IN SUPREME COURT

C9-98-1070

Danny C. Allen,

Respondent,

vs.

Budget Foreign Auto Parts and
MN Workers' Compensation Assigned
Risk Plan/Wausau Insurance Companies,

Respondents,

McCashin & Associates,

Relator.

Considered and decided by the court en banc.

O R D E R

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed May 22, 1998, be, and the same is, affirmed without opinion. See Minnesota Rules of Civil Appellate Procedure 136.01, subdivision 1(b).

Dated: 8/27/98

BY THE COURT:

/s/ K.A. Blatz
Chief Justice