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JACKA v. COCA-COLA BOTTLING CO.

No. C4-97-1418.

580 N.W.2d 27 (1998)

Edwin J. JACKA, Employee, v. COCA-COLA BOTTLING COMPANY, Self-Insured, Employer, and Arvold Chiropractic Clinic, Minnesota Department of Labor & Industry, Intervenor, and Patrick KELLEY, Employee, v. VIKING AUTO SALVAGE and State Fund Mutual Insurance Company, Employer and Insurer, and Minnesota Department of Labor and Industry, Intervenor.

Supreme Court of Minnesota.

June 11, 1998.

Attorney(s) appearing for the Case

Mark J. Fellman, St. Paul, for Edwin J. Jacka.

John T. Thul, Cousineau, McGuire & Anderson, Chartered, Minneapolis, for Coca-Cola Bottling Company.

Hubert H. Humphrey III, Attorney General, Susan C. Gretz, Assistant Attorney General, St. Paul, for Minnesota Department of Labor & Industry.

Joseph J. Osterbauer, Minneapolis, for Patrick Kelley.

Andrew W. Lynn, Anne E. Kevlin, Lynn, Scharfenberg & Associates, Eden Prairie, for Viking Auto Salvage and State Fund Mutual Ins. Co.

Heard, considered and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

This case comes to us on a certification order issued by the chief administrative law judge of the Office of Administrative Hearings pursuant to Minn.Stat. § 176.325, subd. 1 (1996). The four questions certified inquire broadly into the validity and proper application of the permanent treatment parameter rules promulgated by the Minnesota Department of Labor and Industry (D.O.L.I.) pursuant to its authority to institute...

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