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Jorgenson v. Nevak-Fleck2/7/2002 at may be ignored." Id. at *4. But the department has no jurisdiction to determine primary liability issues. Minn. Stat. ยง 176.106, subd. 8 (2000).
Inasmuch as the department has no jurisdiction to resolve a dispute when the employer and insurer deny primary liability, certification is superfluous. Moreover, it would be inequitable to deny fees when the employer and insurer do not raise the issue in response to what they believe to be a claim requiring certification. We therefore reverse the WCCA and reinstate the decision of the compensation judge and the award based thereon.
Reversed and compensation judge's award reinstated.
Employee is awarded $600 in attorney fees.
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