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Kassube v. Dakota Logging10/12/2005
er adjudication. The great volume of this record is due for further augmentation, and no end is in sight. Workers' compensation cases are becoming endurance contests. Incrementally the rules of the game constantly change. The last injurious exposure rule, for instance, is a court made rule; however, the legislature enacted it into law and now we face it here. Where is the speedy determination of an injured worker's claims that was the great impetus for the adoption of the workers' compensation scheme? It is lost in the smoke of the modern legal battlefields fought over by the competing insurance companies. To affirm the circuit court would end the battle.
[ .] I would affirm the circuit court in all respects. The undecided matter of Kurtz in Issue One should be dismissed as moot.
[ .] SRSTKA, Circuit Judge, for SABERS, Justice, disqualified.
[ .] MILLER, Retired Justice, for KONENKAMP, Justice, disqualified.
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