Kline v. Berg Drywall, Inc.

I respectfully dissent. I would discharge the writ of certiorari on the grounds that Kline has waived his right to review by this court because he is bound by the rules of the Fund, which expressly limit the parties to a single appellate review and which select the WCCA to provide that review. Kline is bound by the waiver contained in those rules because the rules were agreed to by his union in a collective bargaining agreement, as authorized by MinmStat. § 176.1812 .(2002).1 The majority’s refusal to enforce the rules of the Fund will place Minnesota at odds with all of the other states that…