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In this case, the employee commenced a cause of action against the employer. Two intervenors filed Petitions to Intervene in the proceeding, but failed to attend the hearing before the compensation judge.
The Minnesota Supreme Court held that Minn. Stat. §176.361 subd. 4, unequivocally requires intervenors' attendance at court proceedings unless a Stipulation has been signed and filed or the intervenor’s right to reimbursement has otherwise been established. Further, failure to appear at court preceding’s shall result in a denial of the intervenors' claim(s).
The court noted that for purposes of statute, attend and appear are synonymous.