STATE OF MINNESOTA

IN SUPREME COURT

C7-99-1580

Marlin McMorrow,

Respondent,

vs.

Apollo Piping Supply, Inc., and
Transamerica/TIG Insurance,

Relators,

Apollo Piping Supply, Inc., and
Wausau Underwriters Insurance Co.,

Respondents Below,

Apollo Piping Supply, Inc., and
Northbrook National Insurance Co.,

Employer-Insurer,

Apollo Piping Supply, Inc., and
Employers Insurance of Wausau,

Employer/Insurer,

and

Employers Health Insurance,

Intervenor,

and

Special Compensation Fund,

Intervenors.

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 16, 1999, be, and the same is, affirmed without opinion. See Minn. R. Civ. App. P. 136.01, subd. 1(b).

Employee is awarded $400 in attorney fees.

Dated: Nov 18, 1999

BY THE COURT:

/s/Edward C. Stringer
Associate Justice