New York Underwriters Insurance Co. v. Ehlinger

JUNELL, Justice.

This case presents the question of whether the trial court properly dismissed for lack of jurisdiction an appeal by the worker’s compensation insurer from an Industrial Accident Board award (hereinafter IAB or the Board). The Board awarded death benefits to appellees, the statutory beneficiaries of the deceased worker, Clarence G. Ehlinger. We hold that the trial court lacked jurisdiction and affirm the dismissal.

Appellant New York Underwriters’ original petition was timely filed in the district court, but named only Clarence Ehlinger, the deceased, as defendant. After the…