RODERICK ELZIE, Relator, v. UNIVERSITY OF MINN., SELF-INSURED, ADMIN’D BY SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Respondents.

SUPREME COURT – MARCH 30, 2026
No. A25-2156
WCCA No. WC25-6603

Considered without oral argument.

Dismissed.

ORDER

HUDSON, Chief Justice

This appeal from the Workers’ Compensation Court of Appeals (WCCA) was filed on December 18, 2025, by the filing of a petition for a writ of certiorari from a WCCA decision that was served and filed on November 18, 2025.  See Minn. Stat. § 176.471, subd. 1 (2024) (directing the party seeking review to “act[] within 30 days” of when the WCCA decision was served on the party to “have the order reviewed by the supreme court on certiorari”); see also Minn. R. Civ. App. P.  116.02 (directing the party seeking review to file a petition and a proposed writ of certiorari with the clerk of the appellate courts).  The petition sought review of the WCCA’s decision affirming the compensation judge’s decision awarding relator a penalty.  That WCCA decision included notice that “[a]ny party dissatisfied with this decision may appeal it to the Minnesota Supreme Court within 30 days of the date the decision was served.  See Minn. Stat. § 176.471 for information about what steps are required to file an appeal.”

The writ of certiorari was issued on December 19, 2025, one day after the petition was filed.  However, relator did not serve the writ or file proof of service of the writ within the time frames required under applicable statutes and rules.  As a result, on January 19, 2026, respondent filed a motion to dismiss the appeal.  Relator has not filed any response to the motion, despite this Court granting an extension of time for relator to do so.

Minnesota Statutes section 176.471 governs review by the supreme court on certiorari of decisions by the WCCA and makes clear that a party seeking to “have the order reviewed by the supreme court on certiorari” must do so “within 30 days from the date the party was served with notice of the order.”  Minn. Stat. § 176.471, subd. 1.  To effect review upon certiorari, the writ of certiorari must be issued by the Clerk of the Appellate Courts, and the party seeking review must serve the writ upon the administrator of the WCCA, within 30 days from service of notice of the decision.  See Minn. Stat. § 176.471, subd. 3 (directing the party seeking review to “serve [the] writ of certiorari upon the administrator of the [WCCA] within the 30-day period referred to in subdivision 1”); see also Minn. R. Civ. App. P. 116.03, subd. 3 (stating “[t]he clerk of the appellate courts shall . . . issue the original writ”).

We have strictly construed the statutory requirements for appeals by certiorari from an agency such as the WCCA.  See, e.g., Dennis v. Salvation Army, 874 N.W.2d 432, 435–36 (Minn. 2016) (recognizing the “long-established principle that we adhere strictly to the statutory requirements for appeals from an executive branch agency” and acknowledging a “series of orders dismissing certiorari appeals for failure to comply with the requirements of Minn. Stat. § 176.471”); Kearns v. Julette Originals Dress Co., 126 N.W.2d 266, 269 (Minn. 1964) (stating that “many statutes providing for appeals from . . . an agency to the court, have been strictly construed”).

Service of the writ upon the WCCA is a statutory requirement.  See, e.g., Strege v. Commercial Drywall et al., No. A24-1528, Order at 4 (Minn. filed December 12, 2024) (granting a motion to dismiss the appeal and discharging the writ of certiorari for failure to timely serve the writ upon the WCCA and respondents); Larson v. Herberger’s (Bon-Ton Stores, Inc.), No. A13-0647, Order at 3 (Minn. filed June 25, 2013) (discharging a writ of certiorari, in part due to the failure to serve respondent employer and the WCCA with a copy of the issued writ); Ek v. Virginia Reg’l Med. Ctr., No. A10-1420, Order at 2 (Minn. filed Aug. 27, 2010) (stating that service of the issued writ of certiorari is required to obtain review of a WCCA decision and “delivery of the proposed writ of certiorari to the WCCA” did not satisfy the statute); Van Buren v. City of Willmar, No. A10-0939, Order at 3 (Minn. filed June 17, 2010) (discharging the writ for failure to timely serve the writ upon the WCCA).  Additionally, the appellate rules require service of the issued writ on the agency whose decision is the subject of the appeal as well as upon all other parties and the Attorney General.  See Minn. R. Civ. App. P. 116.03, subd. 4. “Proof of service shall be filed with the clerk of the appellate courts within 7 days of service.”  Id.

Service of the writ upon the WCCA was required within the same 30-day time period in which the writ was required to issue.  See Minn. Stat. § 176.471, subd. 3.  The governing rules likewise require service upon the other parties and the Attorney General within the same 30-day time period.  Minn. R. Civ. App. P. 116.03, subd. 4.  Here, relator was served with the WCCA’s decision on November 18, 2025, which triggers the 30-day period under Minn. Stat. § 176.471, subd. 3, but relator did not file a petition seeking a writ of certiorari until December 18, 2025.  The Clerk of the Appellate Courts issued the writ of certiorari to relator the following day, December 19, 2025.  See Minn. R. Civ. App. P. 116.03, subd. 3.  Relator’s deadline to serve the writ upon the WCCA, the other parties, and the Attorney General was December 18, 2025.  This service is required “[t]o effect a review upon certiorari.”  Minn. Stat. § 176.471, subd. 3. Relator did not serve the writ or file proof of service until January 21, 2026, stating that service was made on that same day, not on or before December 18 as the governing statute and rule required.  Therefore, the writ must be discharged for failure to timely serve the writ upon the WCCA, respondent, and the Attorney General.

Based upon all the files, records, and proceedings herein,

IT IS HEREBY ORDERED that the motion to dismiss this appeal is granted.  The writ of certiorari in the above-entitled matter is discharged for failure to timely serve the writ upon the WCCA, respondent, and the Attorney General.  The appeal is dismissed.