Shively v. Mel Raeker Construction Co.

OPINION

GARDEBRING, Justice.

Certiorari was granted to review a decision of the Workers’ Compensation Court of Appeals reversing the denial of reimbursement to the employer/insurer from the special compensation fund and ordering reimbursement. Because we hold that the application for registration of physical impairment was ineffective to register the employee’s preexisting physical impairment, we reverse and reinstate the denial of reimbursement.

Minnesota Statute section 176.131 (1990) (“second-injury law”) entitled an employer to be reimbursed from the special compensation fund for monies paid…