KOVENSKY v. LARRY'S AUTOS UNLIMITED

No. A11-2109.

813 N.W.2d 812 (2012)

Greg S. KOVENSKY, Respondent, v. LARRY'S AUTOS UNLIMITED and AP Capital Group/ASU Risk Management Services, Relators, and Main Motors, d/b/a Carlson Toyota, and Midwest Family Mutual Insurance, Respondents, and HealthPartners, Inc., Center for Diagnostic Imaging, Minnesota Department of Employment & Economic Development, Medical Advanced Pain Specialists, and Suburban Radiologic Consultants, Intervenors.

Supreme Court of Minnesota.

May 8, 2012.


Attorney(s) appearing for the Case

Matthew P. Bandt , Jardine, Logan & O'Brien, PLLP, Lake Elmo, Minnesota, for employer/appellant Larry's Autos Unlimited and insurer/appellant AP Capital Group/ASU Risk Management Services.

David M. Bialke , Law Office of David M. Bialke, Fridley, Minnesota, for employee/respondent Greg S. Kovensky.

T. Michael Kilbury , Peterson, Logren & Kilbury, P.A., St. Paul, Minnesota, for employer/respondent Main Motors d/b/a Carlson Toyota and insurer/respondent Midwest Family Mutual Insurance.

Considered and decided by the court without oral argument.


ORDER

By order served and filed on June 16, 2010, a compensation judge ordered relator Larry's Autos Unlimited to pay workers' compensation benefits to respondent Greg S. Kovensky. The Workers' Compensation Court of Appeals (WCCA) dismissed as untimely an appeal brought by Larry's Autos and a cross-appeal brought by Kovensky. Larry's Autos sought reinstatement of its appeal, claiming that it was timely filed, and the matter was referred by the WCCA to the Office...

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