STATE OF MINNESOTA

IN SUPREME COURT

C4-98-1669

Michael Daddario,

Respondent,

vs.

Ziem's Floor Covering and St. Paul Fire &
Marine Insurance Company,

Relators.

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 August 12, 1998, be, and the same is, affirmed without opinion. See Minn. R. Civ. App. P. 136.01, subd. 1(b).

IT IS FURTHER ORDERED that the respondent's request for reconsideration for oral argument, be, and the same is, denied.

Employee is awarded $400 in attorney fees.

Dated: Nov. 18, 1998

BY THE COURT:

/s/ James H. Gilbert
Associate Justice