Archive by Author

Williams v. Airport Taxi d/b/a Transp. Plus, et. al

March 02, 2021  |   Abigail A. Gray  

Williams v. Airport Taxi d/b/a Transp. Plus, et. al, No. A20-1154 (Minn.) January 11, 2021 The Supreme Court of Minnesota summarily affirmed the decision of the Workers’ Compensation Court of Appeals in its decision that a discovery order in not eligible for appeal. Factual and Procedural Posture Employer and insurer filed a motion compelling discovery.  On February 19, 2020, a compensation judge...

Schultz v. Andy & Steve’s Lawn & Landscape, et al

March 02, 2021  |   Ashley L. Tune  

Schultz v. Andy & Steve’s Lawn & Landscape, et al. No. WC20-6361 (W.C.C.A January 5, 2021. Mr. Schultz suffered a catastrophic spinal cord injury on November 1, 2017 while performing tree trimming services on the alleged employer’s premises. In 2013 Andy and Steve’s placed an ad for a tree trimmer and Mr. Schultz responded. It was agree that he would work for them on an as-needed basis...

Jaeger v. Childrens Hosp. & Clinics et al.

March 02, 2021  |   Nora J. Steinhagen  

Jaeger  v. Childrens Hosp. & Clinics et al. No. WC20-6352 (W.C.C.A. January 20, 2021) The Employee worked as a nurse for Children’s Hospitals, which had a Minneapolis and a St. Paul Clinic. She primarily worked in St. Paul, but would drive between the campuses. She would occasionally do charting at home. The Employee worked full time, and was “on call” every third week.  She testified that...

Gerald Grace v. Smith Foundry, Co., et. al.

March 02, 2021  |   By William J. Warren  

Gerald Grace v. Smith Foundry, Co., et. al. No. WC20-6368 (W.C.C.A. January 12, 2021). The employee suffered injuries to his left upper extremity as a result of a 2015 injury.  At hearing, the compensation judge found the employee did not sustain an injury to the cervical spine. That holding was affirmed by the Minnesota Supreme Court.  In 2019, the employee brought a new claim for benefits, and...

Barbara Bank v. Minn. Dep’t of Human Services

March 02, 2021  |   By Kelly B. Nyquist  

Barbara Bank v. Minn. Dep’t of Human Services, A20-1466 (Minn. January 13, 2021) This appeal centers on the procedure of appealing a case from the WCCA to the Supreme Court. Relators filed a petition for writ of certiorari on November 18, 2020. The Clerk of the Appellate Courts then issued the writ of certiorari to relators on November 20, 2020. In addition, the Clerk of the Appellate Courts sent...

Larson v. Viking Coca-Cola Bottling Co., et al.

February 02, 2021  |   Ashley L. Tune  

Larson v. Viking Coca-Cola Bottling Co., et al. No. WC20-6358 (W.C.C.A December 15, 2020) The Employee sustained an injury to his right hip on July 19, 2018 while assisting with delivery of a keg and developed a Staph infection ultimately leading to a hip replacement and permanent physical restrictions. The Employer accommodated the Employee’s restrictions. The Employee returned to work after the...

Robert Jones v. Sturm Funeral Homes, Inc., et. al.

February 02, 2021  |   By William J. Warren  

Robert Jones v. Sturm Funeral Homes, Inc., et. al. No. WC20-6349 (W.C.C.A. December 22, 2020). The Employee appeals a decision from the workers’ compensation judge to not strike an untimely answer of the Employer and Insurer, and from denial of the Employee’s claims.  The Employee filed a claim petition on April 29, 2019. The Employer and Insurer filed an answer, but failed to file the answer...

Horton v. Aspen Waste Systems, Inc., et al.

February 02, 2021  |   Nora J. Steinhagen  

Horton v. Aspen Waste Systems, Inc., et al. No. WC20-6356 (W.C.C.A Dec 24 2020) The employee appealed from an award of attorney fees to be paid from his permanent partial disability benefits. The employee, sustained a serious work injury on June 22, 2017, which resulted in significant disability affecting his cervical spine, thoracic spine, and right arm.  The employer admitted liability and commenced...

Hipppert v. Maid Pro and Auto Owners

February 02, 2021  |   Benjamin J. Kramer, Caselaw Updates  

Hipppert v. Maid Pro and Auto Owners, No. WC20-6348, (W.C.C.A December 23, 2020). The employee sustained an admitted injury to her low back while working for the employer as a housekeeper on July 26, 2010.  She has continued to experience chronic low back pain and left lower extremity pain and numbness since the work injury despite conservative car The employee treated with Dr. Thomas Rieser at Midwest...

Goodrich v. Centerpoint Energy

February 02, 2021  |   By Kelly B. Nyquist  

Goodrich v. Centerpoint Energy, No. WC20-6339, (W.C.C.A. December 22, 2020). The employee worked as a service technician for Centerpoint Energy. These assignments required crawling, bending, and twisting to access confined spaces to reach pipes and appliances, as well as lifting and moving of appliances.  According to the job description from the employer, lifting 75 pounds on a regular basis was...

Boyum v. Dvork Tree Serv., et al.

February 02, 2021  |   Lisa C. Radintz  

Boyum v. Dvork Tree Serv., et al. No. WC20-6350 (W.C.C.A Dec 15, 2020) The employee appealed the compensation judge’s finding there was insufficient evidence to determine Mr. Boyum Average Weekly Wage, and therefore TTD benefits would be paid at the statutory minimum workers’ compensation rate. On September 17, 2018, Mr. Boyum was injured while worked as a tree trimmer at Dvorak Tree Service, owned...

Susan K. Musta v. Mendota Heights Dental Ctr., et. al

December 15, 2020  |   By William J. Warren  

Susan K. Musta v. Mendota Heights Dental Ctr., et. al. No. WC19-6330 (W.C.C.A. November 10, 2020). The Employer and Insurer appeal a Findings and Order, awarding reimbursement to the Employee for out-of-pocket expenses incurred in purchasing medical cannabis.  The Employee suffered a work injury to her neck. As a result of the injury, she underwent various treatment, including surgery and long-term...

Bierbach v. Digger’s Polaris, et. al

December 15, 2020  |   Abigail A. Gray  

Bierbach v. Digger’s Polaris, et. al No. WC19-6314 (W.C.C.A. November 10, 2020) Daniel Bierbach (“employee”) was operating an ATV while at work for his employer, Digger’s Polaris (“employer”), when the ATV rolled, landing on his ankle.  The employer and its insurer admitted liability.  He was diagnosed with fractures of the distal tibial pilon and fibula, and underwent surgery a few weeks...

Schumacker v. Crenlo, Inc., et al.

November 10, 2020  |   Benjamin J. Kramer  

Schumacker v. Crenlo, Inc., et al., No. WC20-6353 (W.C.C.A. October 22, 2020 Holding: The employee established good cause to vacate the award on stipulation where his circumstances satisfied all factors outlined in Fodness v. Standard Café, 41 W.C.D. 1054 (W.C.C.A. 1989), and where the change in his medical condition was not and could not reasonably have been anticipated at the time of settlement....

Michelle Sayler v. Bethany Home and Am. Comp Ins./RTW

November 10, 2020  |   Lisa C. Radintz  

Michelle Sayler v. Bethany Home and Am. Comp Ins./RTW WC19-6323 (W.C.C.A. October 15, 2020) The employee worked for Bethany Home as a CNA on January 19, 1997.  A patient’s wheelchair rolled over the Employee’s right great toe and right foot. This was an admitted claim. The Employer and Insurer paid TTD, TPD, medical benefits, and rehabilitation benefits. The Employee’s pain continued and she...

Merrill v. Mille Lacs Band Family Services et. Al.

November 10, 2020  |   Ashley A. Tune  

Merrill v. Mille Lacs Band Family Services et. Al., No. WC20-6347 (W.C.C.A October 15, 2020) The Employee was an enrolled member of the Mille Lacs Band of Ojibwe and on February 19, 2019 was working for the Mille Lacs Band Family Services. On the date of injury, the Employee slipped on ice on a mat at an entryway to the work premises. The Employee experienced low back and neck pain to which he attributed...

Barbara Bank v. Minn. Dep’t of Human Serv’s. et al.

November 10, 2020  |   Nora J. Steinhagen  

Barbara Bank v. Minn. Dep’t of Human Serv’s. et al., No. WC19-6328 (W.C.C.A October 20, 2020) The Employee was a physician employed by the Minnesota Department of Human Services. She had to complete 50 hours of continuing medical education each year as a condition of her employment. To meet this requirement, she travelled to Nashville to attend a two-day seminar at the Nashville Hilton, where she...

Bradley S. Hanson v. Schleis Floor Covering, Inc., et. al

October 28, 2020  |   By William J. Warren  

Bradley S. Hanson v. Schleis Floor Covering, Inc., et. al. No. WC20-6351 (W.C.C.A September 23, 2020). The Employee suffered an injury to his right knee on July 25, 2008 while working for Omni. Following significant MRI findings, including a chronic ACL tear, an arthroscopic surgery was recommended.  The Employee underwent an IME with Dr. Cederberg on behalf of Omni in September 2008. Dr. Cederberg...

Scott Koehnen v. Flaship Marine Co., et. al

October 28, 2020  |   Lisa C. Radintz  

Scott Koehnen v. Flaship Marine Co., et. al, No. A20-0053 (Minn. Supreme Court. August 12, 2020). Employee Scott Koehnen suffered a work injury on May 30, 2017 while working for his Employer, Flagship Marine Company. The Employee received chiropractic treatment from Mr. Johnson Keith Johnson at Johnson Chiropractic Clinic resulting in $9,476.01 in medical bills. Mr. Johnson submitted his charges to...

Ewing v. Print Craft, Inc.

February 25, 2020  |   Nora J. Steinhagen  

Ewing v. Print Craft, Inc. SC No. A19-0534 (Supreme Court January 2, 2020). The Minnesota Supreme Court reversed the WCCA’s decision and in doing so clarified that employers are not liable for rehabilitation services provided after the date by which the Employee’s work-related injury had resolved, since those services were neither reasonable nor necessary. This case involved an Employee who sprained...