ADREY R. WELCH, Employee, v. AB WEISS SYSTEMS, and TRAVELERS INS. CO., Employer-Insurer/Appellants, and SEDGWICK HEATING & AIR CONDITIONING, and CNA/TRANSPORTATION INS. CO., Employer-Insurer.
WORKERS= COMPENSATION COURT OF APPEALS
SEPTEMBER 17, 2003
APPEALS - PROCEDURE. An order denying joinder is not a final or appealable order under Minn. Stat. ' 176.421, subd. 1.
Determined by Stofferahn, J., Pederson, J., and Rykken, J.
Compensation Judge: Kathleen Behounek
DAVID A. STOFFERAHN, Judge
AB Weiss Systems and its insurer, Travelers Insurance Company appeal from an order denying their motion for Joinder of additional parties.
The employee sustained admitted injuries to his back on May 30, 1991 while employed at AB Weiss Systems (Weiss) and on May 11, 1993 while employed at Sedgwick Heating & Air Conditioning (Sedgwick). On November 7, 2002 the employee filed a claim petition seeking payment of medical expenses which he alleged were related to the 1991 and 1993 injuries.
On April 11, 2003, Weiss and its insurer, Travelers Insurance Company, filed a petition for joinder which sought to add the employers and insurers after 1993 as parties to the pending litigation. An objection to the petition for joinder was filed by one of the employers and on May 29, 2003, a compensation judge issued an order denying petition for joinder. Weiss and Travelers have appealed.
Minn. Stat. ' 176.421, subd. 1, allows this court to consider appeals of Aan award of or disallowance of compensation, or other order affecting the merits of the case.@ An order which is not on the merits on the case is not appealable. Mierau v. Alcon Indus., 387 N.W.2d 741, 38 W.C.D. 652 (Minn. 1986).
An order denying joinder of parties does not prevent a determination on the merits of the case. It is not an appealable order and this court has no jurisdiction to consider the appeal. Mayer v. Bauer Floor Covering, 42 W.C.D. 1025 (W.C.C.A. 1990); Meyer v. Ultra Printing & Paper Hanging Co., slip. op (W.C.C.A. March 11, 1999).
The appeal is dismissed.