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HALE v. VIKING TRUCKING CO.

No. C8-02-367.

654 N.W.2d 119 (2002)

Johnny W. HALE, Respondent, v. VIKING TRUCKING COMPANY and Crum and Forster Insurance Group, Respondents, Primary Behavioral Health Clinics, Respondent, Pinnacol Assurance, Relator.

Supreme Court of Minnesota.

December 19, 2002.

Attorney(s) appearing for the Case

John P. Sieben, Sieben, Polk, LaVerdiere, Jones & Hawn, Hastings, MN, for Respondent Employee.

Donald G. Fernstrom, Joseph M. Nemo, Lori J. LeCount, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., Minneapolis, MN, for Relator Pinnacol Assurance Company.

Franz F. Davis, Roderick C. Cosgriff, Heacox, Hartman, Mattaini, Koshmrl, Cosgriff, & Johnson, St. Paul, MN, for Respondent Employer.

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

OPINION

PAGE, Justice.

This appeal stems from an order dismissing relator Pinnacol Assurance (Pinnacol) as an intervenor in respondent Johnny W. Hale's (Hale) workers' compensation proceeding because the compensation judge lacked subject matter jurisdiction over Pinnacol's claim for reimbursement. The Workers' Compensation Court of Appeals (WCCA) affirmed the compensation judge. We affirm the WCCA.

On or about January 10, 1998, Hale, while working...

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