STATE OF MINNESOTA

IN SUPREME COURT

C0-98-2320

Brian W. May,

Relator,

vs.

Platinum Merchandising and Minn. W.C.
Assigned Risk Plan/Berkley Administrators,

Respondents.

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 June 20, 1998, be, and the same is, affirmed without opinion. See Minnesota Rules of Civil Appellate Procedure 136.01, subdivision 1(b).

Dated: March 1, 1999

BY THE COURT:

/s/ Alan C. Page
Associate Justice