Rogers v. Compass Airlines, Inc.
Rogers v. Compass Airlines, Inc.
Opinion of the Court
The relator, employee Angela Rogers, contends that the Workers' Compensation Court of Appeals (WCCA) erred in dismissing her appeal as untimely because she was entitled to a 3-day extension of the filing deadline, see Minn. R. Civ. P. 6.05 (adding 3 days "to the prescribed period" when a party is served with a document by mail), or, her late filing should be excused due to circumstances outside her control.
"A notice of appeal must be timely filed ... to give the [WCCA] jurisdiction of the appeal." Bjerga v. Maislin Transport & Carriers Ins. Co. ,
It is well-established that "filed" as used in section 176.421 requires that the notice of appeal be actually received by the filing deadline. See
In addition, the Rules of Civil Procedure "govern the procedure in the district courts of the State of Minnesota in all suits of a civil nature." Minn. R. Civ. P. 1 (emphasis added). Proceedings before the compensation judge or the WCCA are not district court proceedings, and, thus, the 3-day extension provided by Rule 6.05 does not apply here and did not extend the filing deadline.
Finally, we do not have the authority to create exceptions to statutory deadlines for appeals. See, e.g., Dennis v. Salvation Army ,
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED that the decision of the Workers' Compensation Court of Appeals filed January 24, 2018, be, and the same is, affirmed without opinion. See Hoff v. Kempton ,
/s/ Anne K. McKeig
Anne K. McKeig
Associate Justice
Reference
- Full Case Name
- Angela ROGERS, Relator v. COMPASS AIRLINES, INC. and Chubb Group of Ins. Cos.
- Status
- Published