FULLER v. FARMERS' COOP. OIL ASS'N

No. 81-1023.

322 N.W.2d 359 (1982)

George FULLER, Relator, v. FARMERS' COOP. OIL ASSOCIATION, et al., Respondents.

Supreme Court of Minnesota.

July 30, 1982.


Attorney(s) appearing for the Case

Peterson, Tews & Squires and Bruce E. Goldstein, St. Paul, for relator.

Gilmore, deLambert, Aafedt, Eustis & Forde and Roderick C. Cosgrief, Minneapolis, for respondents.

Considered and decided by the court en banc without oral argument.


YETKA, Justice.

Employee seeks review of an order of a divided Workers' Compensation Court of Appeals dismissing his appeal from a compensation judge's decision because the notice of appeal was not filed within the 30-day period prescribed by Minn.Stat. § 176.421 (1980 & Supp.1981). Although it is undisputed that he did not comply with this statute, we, have determined that employee's appeal may nevertheless, be valid by reason of Minn.Stat. § 176.285...

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