WILLIAM K. REPLOGLE, JR., Deceased Employee, by HOLLY HAGEN, Appellant, v. FRANKLEN EUGENE ZENTZ d/b/a INTER TRIBAL BUS. NETWORK, UNINSURED, Employer, and SPECIAL COMP. FUND.

 

WORKERS= COMPENSATION COURT OF APPEALS

MAY 23, 2005

 

No. WC05-114

 

HEADNOTES

 

SPECIAL COMPENSATION FUND; STATUTES CONSTRUED - MINN. STAT. § 176.183, SUBD 2.  Since the compensation judge=s findings and order failed to comply with the requirements of Minn. Stat. ' 176.183 regarding the uninsured employer=s liability and the Special Compensation Fund=s right to repayment, and as no party objected to the Fund=s request for modification, the findings and order are modified to comply with the statute.

 

Vacated in part and modified in part.

 

Determined by:  Wilson, J., Johnson, C.J., and Pederson, J.

Compensation Judge:  Patricia J. Milun

 

Attorneys:  Robert C. Falsani, Falsani, Balmer, Peterson, Quinn & Beyer, Duluth, MN, for the Appellant.  John R. Baumgarth, Duluth, MN, for the Special Compensation Fund.

 

 

OPINION

 

DEBRA A. WILSON, Judge

 

The Special Compensation Fund [SCF] appeals from the compensation judge=s failure to make specific findings and orders specified in Minn. Stat. ' 176.183, subd. 2.  We vacate and modify the judge=s decision to conform with that statute.

 

BACKGROUND

 

In a findings and order filed on December 21, 2004, a compensation judge determined that the employee was in the scope and course of his employment with Franklen Eugene Zentz d/b/a/ Inter Tribal Business Network [the employer] at the time of his death on or about December 18, 2002.  The parties had stipulated at the hearing that, A[i]f liability is found, the employer is obligated to reimburse the Special Compensation Fund pursuant to the terms and conditions under Minn. Stat. ' 176.183,@ and the employer was listed on the caption of the case as being uninsured.  The judge=s decision went on to order the SCF to make payments to the estate of the employee. 

 

The SCF wrote to the compensation judge on December 27, 2004, and December 30, 2004, requesting that her findings and order be brought into compliance with the specific requirements of Minn. Stat. ' 176.183, subd. 2.  By letter of January 12, 2005, the compensation judge responded that her jurisdiction over the case had ended when she issued her findings and order.  The SCF appeals.

 

DECISION

 

There being no objection to the SCF=s request, this court hereby modifies the Findings and Order of December 21, 2004, to include:

 

FINDINGS

 

16.  Franklen Eugene Zentz d/b/a/ Inter Tribal Business Network was uninsured for workers= compensation purposes on or about December 18, 2002.

 

This court further vacates the orders contained in the December 21, 2004, findings and order and substitutes as follows:

 

ORDER

 

1.  NOW, THEREFORE, IT IS HEREBY ORDERED that the uninsured employer pay to the Estate of William Kenneth Replogle, Jr., the sum of $60,000 pursuant to Minn. Stat. ' 176.111.

 

2.  IT IS FURTHER ORDERED that the uninsured employer pay funeral and burial expenses in the amount of $4,655.49.

 

3.  IT IS FURTHER ORDERED that attorney fees be withheld and paid to Robert C. Falsani pursuant to his retainer agreement.

 

4.  IT IS FURTHER ORDERED that the uninsured employer pay fees pursuant to Minn. Stat. ' 176.081, subd. 7, to the Estate of William K. Replogle, Jr.

 

5.  IT IS FURTHER ORDERED that the uninsured employer repay to the SCF all sums that the SCF pays in accordance with these findings and order and, in addition, pay the actual and necessary disbursements expended by the SCF and a penalty in the amount of 65% of all compensation benefits awarded.

 

6.  IT IS FURTHER ORDERED that, pursuant to the provisions of Minn. Stat. ' 176.183, this award against the uninsured employer shall constitute a lien in favor of the SCF for government services pursuant to Minn. Stat. ' 514.67, on all property of the uninsured employer, and shall be subject to the provisions of the Revenue Recapture Act in chapter 270A.

 

7.  IT IS FURTHER ORDERED that, pursuant to Minn. Stat. ' 176.183, the SCF may enforce the terms of this award in the same manner as a district court judgement.

 

8.  IT IS FURTHER ORDERED that the Claim Petition filed on July 17, 2003, and the Petition for Contribution and/or Reimbursement filed on December 8, 2003, are dismissed.

 

The remainder of the compensation judge=s Findings and Order is affirmed.