Minnesota Statutes 176.471 – Review by Supreme Court On Certiorari
Subdivision 1.Time for seeking review; grounds.
Where the Workers’ Compensation Court of Appeals has made an award or disallowance of compensation or other order, a party in interest who acts within 30 days from the date the party was served with notice of the order may have the order reviewed by the supreme court on certiorari upon one of the following grounds:
Terms Used In Minnesota Statutes 176.471
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Appellate courts: means the supreme court and the court of appeals. See Minnesota Statutes 645.44
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
(1) the order does not conform with this chapter;
(2) the Workers’ Compensation Court of Appeals committed any other error of law; or
(3) the findings of fact and order were unsupported by substantial evidence in view of the entire record as submitted.
Subd. 2.Extension of time for seeking review or for filing other papers.
Where cause is shown within the 30-day period referred to in subdivision 1, the supreme court may extend the time for seeking review on certiorari. The supreme court may also extend the time for filing any other paper which this chapter requires to be filed with that court.
Subd. 3.Service of writ; filing fee.
To effect a review upon certiorari, the party shall serve a writ of certiorari upon the administrator of the Workers’ Compensation Court of Appeals within the 30-day period referred to in subdivision 1. The party shall also at this time pay to the clerk of the appellate courts the fee prescribed by rule 116.03 of the Rules of Civil Appellate Procedure.
Subd. 4.Contents of writ.
The writ of certiorari required by subdivision 3 shall show that a review is to be had in the supreme court of the proceedings of the Workers’ Compensation Court of Appeals upon which the order is based.
Subd. 5.Bond.
The Workers’ Compensation Court of Appeals may, upon motion of any respondent and a showing that extraordinary circumstances warrant the requirement of a cost bond, order that a bond be provided as prescribed by rule 107.02 of the Rules of Civil Appellate Procedure.
Subd. 6.Transmittal of fee and return.
When the writ of certiorari has been served upon the administrator of the Workers’ Compensation Court of Appeals, the bond has been filed, and the filing fee has been paid, the administrator shall immediately transmit to the clerk of the appellate courts that filing fee and the return to the writ of certiorari and bond.
Subd. 7.Jurisdiction vested.
Filing such return and payment of the filing fee referred to in subdivision 6 vests the supreme court with jurisdiction of the case.
Subd. 8.Return of proceedings transmitted to court.
Within 30 days after the writ of certiorari, bond, and filing fee have been filed with the administrator of the Workers’ Compensation Court of Appeals, the administrator shall transmit to the clerk of the appellate courts a true and complete return of the proceedings of the Workers’ Compensation Court of Appeals under review, or the part of those proceedings necessary to allow the supreme court to review properly the questions presented.
The Workers’ Compensation Court of Appeals shall certify the return of the proceedings under its seal. The petitioner or relator shall pay to the administrator of the Workers’ Compensation Court of Appeals the reasonable expense of preparing the return.
Subd. 9.Application of rules governing appeals in civil actions.
When the return of the proceedings before the Workers’ Compensation Court of Appeals has been filed with the clerk of the appellate courts, the supreme court shall hear and dispose of the matter as in other civil cases.
Subd. 10.Rules.
The supreme court may adopt rules which are consistent with this chapter and necessary or convenient to the impartial and speedy disposition of these cases.