DARLENE C. SAMMARCO, Petitioner, v. FORD MOTOR CO., SELF-INSURED, Employer.

WORKERS’ COMPENSATION COURT OF APPEALS
MARCH 14, 2013

No. WC13-5559

HEADNOTES

VACATION OF AWARD.  The supreme court’s summary affirmance of this court’s prior decision, affirming the compensation judge’s determination that the employee failed to file her claim within the time prescribed by the statute of limitations, is final and conclusive, and this court has no authority to void or vacate the decision of this court or that of the compensation judge in this matter.

DISPOSITION:

Petition to vacate dismissed.

DETERMINED BY:

Milun, C.J., Wilson, J., and Hall, J.

ATTORNEYS:

Darlene C. Sammarco, pro se Petitioner.  Kathryn Hipp Carslon, Wayzata, MN, for the Respondent.

 

OPINION

PATRICIA J. MILUN, Chief Judge

The employee moves this court to void and set aside workers’ compensation judgments issued by the Office of Administrative Hearings and the Workers’ Compensation Court of Appeals.  Concluding this court has no jurisdiction to consider the employee’s motion, we dismiss the petition.

BACKGROUND

In January 1993, the employee filed a claim petition, ultimately alleging seven different injuries occurring between 1961 and 1985.  In a Findings and Order issued April 29, 1996, a compensation judge at the Office of Administrative Hearings found the employee failed to file her claim petition within the six-year statute of limitations prescribed by Minn. Stat. § 176.151, and dismissed the claim.  The employee appealed to the Workers’ Compensation Court of Appeals.  This court affirmed the decision of the compensation judge in a decision issued on December 10, 1996.  The employee then filed a writ of certiorari with the Minnesota Supreme Court.  The dismissal was summarily affirmed by the supreme court on March 31, 1997.[1]  The employee now seeks an order voiding and vacating the previous judgments.

DECISION

Where an appeal is taken from a decision of this court to the supreme court, the supreme court’s decision is final and conclusive.  Pursuant to Minn. Stat. § 176.461, where certiorari has been granted or a determination has been made by the supreme court finally determining the merits of an issue, this court has no jurisdiction to vacate or void the decision.[2]

The supreme court’s summary affirmance is a final and conclusive determination that the employee’s claim for workers’ compensation benefits is barred for failure to file the claim within the time prescribed by the statute of limitations.  Accordingly, this court is bound by that decision and we have no authority to void or vacate the decision of this court or that of the compensation judge in this matter.



[1] Sammarco v. Ford Motor Co., 56 W.C.D. 296 (W.C.C.A. 1996), summarily aff’d (Minn. Mar. 31, 1997).

[2] See Lidtke v. Lidtke Constr. Co., 56 W.C.D. 286 (W.C.C.A. 1996), summarily aff’d (Minn. Mar, 24, 1997); Vetsch v. United Power Ass’n, 48 W.C.D. 102 (W.C.C.A. 1992), summarily aff’d (Minn. Feb. 4, 1993); Smykalski v. Gammon Bros., slip op. (W.C.C.A. June 1, 1992); Tobey v. J.C. Penney Co., 45 W.C.D. 143 (W.C.C.A. 1991), summarily aff’d (Minn. Aug. 12, 1991).