Herr v. Dakotah, Inc.

MILLER, Chief Justice.

[¶ 1.] In this workers’ compensation case we hold that the circuit court committed reversible error by dismissing an appeal on the basis of res judicata prior to receiving either a statement of issues or the parties’ briefs. We further hold that the issue raised on appeal was not res judicata. Finally, we hold that it was error for the circuit court to assert jurisdiction over the case, since the Department of Labor had retained continuing jurisdiction over all unsettled compensation issues.

FACTS

[¶ 2.] A similar aspect of this workers’ compensation case was previously…