Dennis v. The Salvation Army
Annotate this CaseRespondent fell and was injured during the course of his employment with The Salvation Army. A workers compensation judge awarded Defendant benefits, and the Workers’ Compensation Court of Appeals (WCCA) affirmed the findings and order of the compensation judge. Relators subsequently filed a timely petition for a writ of certiorari with the clerk of the appellate courts. Relators’ filing, however, did not include a cost bond. The clerk provided Relators with a conformed writ, which Relators served on Respondent and the WCCA. The WCCA notified the clerk of court that Relators had not served a cost bond on the WCCA as required by Minn. Stat. 176.471(3). Relators then served a cost bond on the WCCA. Respondent argued that the plain and unambiguous language of section 176.471 required timely service of a cost bond to effect the Supreme Court’s review. The Supreme Court held that because Relators did not timely serve a cost bond upon the WCCA as required by section 176.471(3) the writ of certiorari must be discharged and the appeal dismissed.
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