The issue before the Court was to review whether the WCCA’s decision affirming the compensation judge’s decision in awarding Roderick Elzie a penalty.
The dates here are important!
The WCCA decision was served and filed on November 18, 2025. Elzie appealed this decision by filing a petition for writ of certiorari on December 18, 2025. The writ of certiorari was issued on December 19, 2025.
On January 19, 2026, the University of Minnesota filed a motion to dismiss the appeal. Despite the Court granting Elzie an extension of time to file a response to the motion to dismiss, Elzie failed to do so.
Minn. Stat. § 176.471 is the governing law on this and subd. 1 makes clear that any party seeking to have a WCCA order reviewed by the Supreme Court on certiorari must do so “within 30 days from the date the party was served with notice of the order.” Moreover, subd. 3 requires the party seeking review to serve the writ of certiorari upon the WCCA administrator also within 30-days.
The statutory requirements have been strictly construed by case law such as Dennis v. Salvation Army,874 N.W.2d 432, 435-36 (Minn. 2016) and Kearns v. Julette Originals Dress Co.,126 N.W.2d 266, 269 (Minn. 1964) regarding appeals from an agency to the court. These rules also been further reinforced by case law as it pertains to service and the enumerated timelines in, for example, Van Buren v. City of Willmar, No. A10-0939, Order at 3 (Minn. filed June 17, 2010); Strege v. Commercial Drywall et al., No. A24-1528, Order at 4 (Minn. filed December 12, 2024); and Larson v. Herberger’s (Bon-Ton Stores, Inc.), No. A13-0647, Order at 3 (Minn. filed June 25, 2013).
Moreover, in accordance with Minn. R. Civ. App. P. 116.03, subd. 4, service of the issued writ is required on the agency whose decision is the subject of the appeal as well as upon all other parties and the Attorney General.
In this case, Elzie was served with the WCCA’s decision on November 18, 2025, which triggered the 30-day deadline under Minn. Stat. § 176.471, subd 1 and 3. However, Elzie did not file a petition seeking a writ of certiorari until December 18, 2025.
While the Clerk of Appellate Courts issued the writ to Elzie the next day on December 19, 2025, Elzie’s deadline to serve this writ upon the WCCA, other parties, and the Attorney General was December 18, 2025. Instead, Elzie did not serve or file proof of service until January 21, 2026. As such, the Court granted the motion to dismiss the appeal.
Takeaway: If appealing a decision, be mindful of statutory rules governing the appeals, but also appellate practice rules, as this can be grounds for dismissal if all rules are not meticulously followed.