Decisions of the Workers’ Compensation Court of Appeals (WCCA) are reviewable by the supreme court on certiorari.  Minn. Stat. § 176.471, subd. 1 (2012).  To effect review upon certiorari, the writ of certiorari issued by the Clerk of Appellate Courts and a cost bond must be served upon the administrator of the WCCA within 30 days from service of notice of the decision.  Minn. Stat. § 176.471, subd. 3 (2012) (stating that “[to] effect a review upon certiorari” the party seeking review “shall serve the writ of certiorari and a bond upon the administrator of the [WCCA] within the 30-day period referred to in subdivision 1”).  In addition, the petition and writ must be served on any party within 30 days after petitioner was served with written notice of the decision to be reviewed, with proof of service filed with the Clerk of Appellate Courts.  See Minn. R. Civ. App. P. 116.03, subd. 4 (requiring service of the petition and writ on respondents); Minn. R. Civ. App. P. 125.04 (requiring proof of service with filing).

Relator Carolyn Olson Husain seeks review of a decision of the WCCA served and filed on March 28, 2013.  Respondents Paul A. Schmitt Music Company and Meadowbrook Insurance Group move to dismiss for failure to serve them with conformed copies of the writ or the WCCA decision.

Statutes providing for appeals from any agency such as the WCCA to this court have been strictly construed, including with respect to the service requirements imposed by the statute.  See, e.g., Kearns v. Julette Originals Dress Co., 267 Minn. 278, 282, 126 N.W.2d 266, 269 (1964) (noting the court has “consistently held that time limitations placed on appeals . . . are mandatory”); Nelson v. Krause, 201 Minn. 123, 125, 275 N.W. 624, 625 (1937) (noting this court can act on a compensation proceeding upon the filing of the bond); cf. State ex rel. Ryan v. Civil Serv. Comm’n, 278 Minn. 296, 301, 154 N.W.2d 192, 196 (1967) (holding that discharge of writ of certiorari is required where it was not endorsed by surety as required by general certiorari statute).  Compliance with the appellate rules that require service of the writ on an opposing party is necessary, and the Clerk of Appellate Courts therefore notified Relator on April 30, 2013, to “[p]romptly file affidavits” showing service of the writ on respondents.

Here, the WCCA was not served with the Writ of Certiorari, and the administrator of the WCCA was not served with the cost bond as required by Minn. Stat. § 176.471, subd. 3.  Respondents Paul A. Schmitt Music Co. and Meadowbrook Insurance Group were not served with the petition, and proof of service on respondents has not been filed with the Clerk of Appellate Courts despite notice instructing Relator to do so.  Because service of the writ of certiorari and bond are statutory requirements for obtaining review of decisions of the WCCA, and neither the WCCA nor respondents were served in this case, the motion to dismiss must be granted and the writ must be discharged.