(dissenting).
I respectfully dissent. The sole issue in this case is whether the claimant is entitled to proceed under the Workers’ Compensation Act of Minnesota. Under the facts of this case the claimant is entitled to proceed under Minn.Stat. § 176.041, subd. 4 (1980), if he “chooses to forego any workers’ compensation claim resulting from the injury that he may have a right to pursue in some other state.” In Stolpa v. Swanson Heavy Moving Co., 315 N.W.2d 615 (Minn.1982), we allowed such proceedings where payments had been voluntarily made in Wisconsin. The majority opinion seeks to distinguish this case on the grounds that claimant has filed an appeal in Oregon from non-adversary proceedings which dismissed a proceeding commenced by the employer. The claimant has now filed an affidavit agreeing to forego any benefits under the Oregon proceedings. This is exactly what the statute requires. In Stolpa, at 617-18, we cited with approval a decision of Workers’ Compensation Court of Appeals, Flink v. K & K Construction & Repair, 33 WCD 9 (1980), which involves the same facts as this case with the exception that a dismissal and not an affidavit was used to establish that the claimant would forego benefits in the foreign jurisdiction. • I fall to perceive any difference. Obviously, if claimant attempted to proceed in the foreign jurisdiction, his affidavit is an admission against interest and would preclude further proceedings. Further, the decision of the compensation case in this state would be res judicata. It appears that the majority opinion improperly seeks to legislate against a statute it doesn’t like. As we indicated in Stolpa, that action is exclusively the prerogative of the legislature. Id. at 618.
Further, I reiterate what we stated in Stolpa:
We believe that the legislative intent was plainly to deny coverage under the law of this state to an out-of-state employee injured here only if, with full knowledge of his rights, he has filed a claim and pursued it to an award, settlement or denial of compensation in another state.
Id. (Emphasis supplied).
Clearly, the majority opinion overrules this recent pronouncement of the law. I am concerned. Good appellate judicial practice demands consistency. Precedents should be overruled only if compelling, logical reasons are set forth. Johnson v. Chicago, Burlington & Quincy Railroad, 243 Minn. 58, 68-70, 66 N.W.2d 763, 770 (1954). Such reasons were not presented in this case.
I would reverse.