Fuller v. Farmers' Coop. Oil Ass'n

YETKA, Justice.

Employee seeks review of an order of a divided Workers’ Compensation Court of Appeals dismissing his appeal from a compensation judge’s decision because the notice of appeal was not filed within the 30-day period prescribed by Minn.Stat. § 176.421 (1980 & Supp.1981). Although it is undisputed that he did not comply with this statute, we, have determined that employee’s appeal may nevertheless, be valid by reason of Minn.Stat. § 176.285 (1980). We remand to permit him the opportunity to present further evidence on whether the circumstances require application of that provision.

Th…