GREGORY J. MEYER, Employee,
v.
ULTRA PAINTING & PAPER HANGING CO., INC., and AUTO-OWNERS INS. CO., Employer-Insurer/Appellants.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
March 11, 1999
HEADNOTES
APPEALS
- INTERLOCUTORY ORDER. An order denying joinder of an
additional employer and insurer is not a final or appealable
order affecting the merits of the case and this court does
not have jurisdiction over an appeal of such an order.
Dismissed.
Determined by Wheeler, C.J., Johnson, J., and Hefte, J.
Compensation Judge: Karen C. Shimon.
OPINION
STEVEN
D. WHEELER, Judge
The
employer and insurer appeal from the compensation judge's
order denying its motion for joinder of an additional
employer and insurer.
BACKGROUND
As
there is no record before the court, except for filings
contained in the judgment roll, for purposes of this decision
we will rely on the statement of facts contained in the
appellants' brief. The employee, Gregory J. Meyer,
began employment with Ultra Painting & Decorating Company
during the month of March 1998. Mr. Meyer worked
primarily as a paper hanger on a job site at the Holiday Inn
in St. Paul. According to his deposition testimony his
job was to apply the paper against the wall and smooth it out
using a 14-inch piece of plastic.
On or
about April 27, 1998, the employee went to the
Bloomington-Lake Clinic where he was seen by Dr. Ahmed
Dajani. He gave a history to Dr. Dajani that he had pain
in his right thumb which had been present for several
days. The employee attributed some of his pain to his
work activity which was described as hanging "a
lot" of vinyl wallpaper during which activity he had to
hold a "smoother" and work very rapidly. Dr.
Dajani's diagnosis was a right trigger thumb and
suggested ice application and some medication for
approximately three weeks. The employee continued
working, apparently without loss of time, until approximately
May 14, 1998, when the employer, Ultra, took all employees
off the job as a...
