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STATE OF MINNESOTA IN SUPREME COURT A11-2109 Greg S. Kovensky, Respondent, vs. Larry's Autos Unlimited and AP Capital Group/ASU Risk Management Services, Relators, and Main Motors, d/b/a Carlson Toyota, and Midwest Family Mutual Insurance, Respondents, and HealthPartners, Inc., Center for Diagnostic Imaging, Minnesota Department of Employment & Economic Development, Medical Advanced Pain Specialists, and Suburban Radiologic Consultants, Intervenors. ___________________________ Matthew P. Bandt, Jardine, Logan & O'Brien, PLLP, Lake Elmo, Minnesota, for employer/appellant Larry's Autos Unlimited and insurer/appellant AP Capital Group/ASU Risk Management Services. David M. Bialke, Law Office of David M. Bialke, Fridley, Minnesota, for employee/respondent Greg S. Kovensky.

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T. Michael Kilbury, Peterson, Logren & Kilbury, P.A., St. Paul, Minnesota, for employer/respondent Main Motors d/b/a Carlson Toyota and insurer/respondent Midwest Family Mutual Insurance. ______________________________ Considered and decided by the court without oral argument. ORDER By order served and filed on June 16, 2010, a compensation judge ordered relator Larry's Autos Unlimited to pay workers' compensation benefits to respondent Greg S. Kovensky. The Workers' Compensation Court of Appeals (WCCA) dismissed as

untimely an appeal brought by Larry's Autos and a cross-appeal brought by Kovensky. Larry's Autos sought reinstatement of its appeal, claiming that it was timely filed, and the matter was referred by the WCCA to the Office of Administrative Hearings, over the objection of respondent Main Motors, for further fact-finding. On the basis of additional factual findings by a compensation judge, the WCCA again dismissed Larry's Autos' appeal as untimely without reaching the merits of the compensation judge's initial findings of fact and conclusions of law as to Kovensky's claim for benefits. The present appeal was commenced by writ of certiorari filed by relator Larry's Autos with the Clerk of Appellate Courts and served upon the WCCA. In its responsive statement of the case, respondent Main Motors seeks to raise the issue of whether the WCCA had jurisdiction to refer this matter to the Office of Administrative Hearings for further fact-finding after the WCCA initially dismissed Larry's Autos' appeal and Kovensky's cross-appeal as untimely.

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Under Minn. Stat.

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