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BOEDINGHEIMER v. LAKE COUNTRY TRANSP.

No. CX-91-2110.

485 N.W.2d 917 (1992)

James G. BOEDINGHEIMER, Lower Court Respondent, v. LAKE COUNTRY TRANSPORTATION and State Fund Mutual Insurance Company, Respondents, and Memorial Hospital/Home of Perham, Relator.

Supreme Court of Minnesota.

June 5, 1992.

Attorney(s) appearing for the Case

John E. Diehl, Larkin, Hoffman, Daly & Lindgren, Bloomington, and Andrew J. Mitchell, Law Offices of Hennessey and Mitchell, Minneapolis, for relator.

Andrew W. Lynn, Johnson, Lynn & Associates, Eden Prairie, David A. Stofferahn, Minneapolis, for Lower Court respondent, James Boedingheimer.

Hubert H. Humphrey, III, Atty. Gen., Jon K. Murphy, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae, Com'r of Dept. of Labor & Industry.

David Feinwachs, Gen. Counsel, Minn. Hosp. Ass'n, Minneapolis, for amicus curiae MN Hosp. Ass'n.

Heard, considered, and decided by the court en banc.

SIMONETT, Justice.

This case involves the interpretation and validity of a rule of the Department of Labor and Industry which establishes a medical fee schedule for health care services for workers' compensation injuries. The decision of the Workers' Compensation Court of Appeals (WCCA) ruled that the fee schedule set out in the rule applied to hospital services. We reverse.

In 1988 and 1989, Memorial Hospital and...

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