Hagelstein v. Swift-Eckrich Division of ConAgra

NATURE OF CASE

Dale E. Hagelstein appeals from the Workers’ Compensation Court’s denial of his petition seeking total disability benefits or, in the alternative, vocational retraining. The initial question presented to this court is whether a review panel of the Workers’ Compensation Court is properly constituted when only two judges participate in the decision. Because we conclude that it is not and that as a consequence we lack appellate jurisdiction, we dismiss Hagelstein’s appeal and remand the cause for further proceedings.

FACTUAL BACKGROUND

Hagelstein was injured on January 28, 1991,…