State ex rel. First National Supermarkets, Inc. v. Industrial Commission

FNS did not file a cross-appeal with respect to the lower court’s denial of reimbursement for expenditures made after FNS’s January 1, 1990 opt-out. Only one question is, therefore, presented: Was the court of appeals correct in finding FNS eligible for reimbursement of expenditures made prior to opt-out even though the applications for reimbursement were not made until after FNS had left the handicap program? For the reasons to follow, we agree with the decision of the court of appeals.

The commission’s denial of reimbursement is premised on State ex rel. First Natl. Supermarkets, Inc. v.…