NANCY C. SANDBERG, Employee/Appellant, v. STATE, DEP’T OF HUMAN SERVS. - MSOCS CASS LAKE., SELF-INSURED, Employer/Respondent, and MERITCARE HEALTH SYS. and NORTH COUNTRY REG’L HOSP., Intervenors.

The employee has appealed an order from a compensation judge dismissing her claim petition without prejudice.  Because the order does not affect the merits of the case, this court does not have jurisdiction to consider the appeal.  The appeal is dismissed.

The employee filed a claim petition in December 2009 alleging entitlement to benefits arising out of work injuries she sustained during her employment with the respondent.  On July 31, 2012, a compensation judge at the Office of Administrative Hearings issued an order striking the case from the active trial calendar.  On July 3, 2013, a notice was sent to the parties advising them that the case would be dismissed if no request for reinstatement was received within 60 days.  On October 1, 2015, a compensation judge issued an order dismissing the employee’s December 2009 claim petition without prejudice.  The employee has appealed the order to this court.

This court has jurisdiction under the statute to consider an appeal from “an award or disallowance of compensation, or other order affecting the merits of the case.”  Minn. Stat. § 176.421, subd. 1.  An order that “finally determines the rights of the parties or concludes the action” is an order that affects the merits of the case.  Herbst v. Jones Truck Lines, 59 W.C.D. 442, 444 (W.C.C.A. 1999).  This court has held previously that an order dismissing a claim petition without prejudice is not appealable because it does not finally determine the rights of the parties.  The employee retains the right to refile the claim petition.  Dahlquist v. Maxwell Graphics, 47 W.C.D. 424 (W.C.C.A. 1992); Smeby v. Northwest Med. Ctr., slip op. (W.C.C.A. Feb. 9, 1999).  The employee’s appeal is dismissed.