On October 1, 2010, Helmsman Management Services, the insurer for Blandin Paper Company, the employer, filed a Notice of Intention to Discontinue Workers’ Compensation Benefits (NOID).  The NOID states that John P. Laudenbach, the employee, sustained a personal injury on May 15, 1997, and lists payment of temporary total disability benefits from May 16, 1997, through December 6, 2009.  In an addendum attached to the NOID, the insurer stated it paid permanent total disability from December 7, 2009, through September 30, 2010.  In the NOID, the insurer sought to discontinue permanent total disability benefits because the employee had reached the age of 67 years.

On October 11, 2010, counsel for the employee requested a conference under Minn. Stat. § 176.239.  By Order of Reference, served and filed November 23, 2010, the compensation judge concluded the Office of Administrative Hearings did not have jurisdiction in the matter and ordered that the case be referred to the Workers’ Compensation Court of Appeals for hearing or other order.

The employer and insurer filed with the Office of Administrative Hearings a request to discontinue benefits under Minn. Stat. § 176.238.  The employee requested an administrative conference under Minn. Stat. § 176.239.  Rather than holding a conference and issuing an administrative decision, the compensation judge concluded the Office of Administrative Hearings lacked jurisdiction^[1] and referred the matter to the Workers’ Compensation Court of Appeals.  The issue is whether a compensation judge has authority to refer a case, by order, to the Workers’ Compensation Court of Appeals.

A party may appeal to the Workers’ Compensation Court of Appeals from an award or disallowance of compensation or other order affecting the merits of the case under Minn. Stat. § 176.421.  In this case, there has been no appeal by any party from the compensation judge’s order.  Nor has any party filed with this court a petition to discontinue permanent total disability benefits.  See Campeau v. National Purity, Inc., No. WC10-5080 (W.C.C.A. July 20, 2010).  Accordingly, this court lacks jurisdiction to review the case.  A compensation judge has no authority to refer a case to the Workers’ Compensation Court of Appeals for determination of a claim or petition.  The Order of Reference is vacated and the case is remanded to the Office of Administrative Hearings for further proceedings.