Archive by Author

Wendroth v. Madsen & Sons, et. al.

January 04, 2022  |   Abigail A. Gray  

Wendroth v. Madsen & Sons, et. al. No. WC21-6422 (W.C.C.A. November 19, 2021). Arthur Wendroth (“employee”) suffered an admitted work-related injury to his low back and left leg on September 29, 1977.  Eventually, the employer and insurer filed a Notice of Intent to Discontinue based on the opinions of independent medical examiner Dr. Donovan McCain who examined the employee and opined that...

Larry Horton v. Aspen Waste Sys.

January 04, 2022  |   Romas Stonys  

Larry Horton v. Aspen Waste Sys., Inc., No. WC21-6412 (W.C.C.A, December 1, 2021). The WCCA reversed the compensation judge’s award of attorney fees from the Employee’s benefits and noted that where substantial evidence fails to support the compensation judge’s determination that there was a genuine dispute over PPD benefits, the fees awarded must be reversed. This case involved an Employee who...

Flowers v. St. Paul Pub. Schs.

January 04, 2022  |   Garrett J. Crowley  

Flowers v. St. Paul Pub. Schs., No. WC21-619 (W.C.C.A. November 24, 2021). The Employee was a behavioral intervention specialist for the Employer, but also had a number of second jobs throughout his tenure. In 2018, he began providing personal care services for an individual client. These duties typically required the Employee to work four days per week for a total of 20 hours per week. The Employee...

Erickson v. Grand Itasca Clinic & Hospital, et. al.

January 04, 2022  |   Ashley L. Allen  

Erickson v. Grand Itasca Clinic & Hospital, et. al., No. WC21-6413 (W.C.C.A, November 16, 2021). The Employee sustained a right shoulder injury on September 28, 2017 when he reached up and out from his body and felt a pop and pain in the shoulder. The injury was admitted, but the nature and extent was disputed. The Employee did not seek immediate medical attention or suffer lost time. As a physician,...

Gergory A. Deline v. Flare Heating & Air Conditioning, Inc.

January 04, 2022  |   By William J. Warren  

Gergory A. Deline v. Flare Heating & Air Conditioning, Inc., et at. No. WC21-6400 (W.C.C.A. November 19, 2021. The Employee petitioned the WCCA to vacate a January 2009 Award on Stipulation based upon an argument that the Employee sustained a substantial change in medical condition that was clearly not anticipated and could not reasonably have been anticipated at the time of settlement. The Employee...

Gerald Grace v. Smith Foundry Co.

November 15, 2021  |   Romas Stonys  

Gerald Grace v. Smith Foundry Co., No. WC21-6409 (W.C.C.A. October 5, 2021 The WCCA affirmed the compensation judge’s award of Roraff and Irwin fees. The court reasoned that where the compensation judge weighed all Irwin factors, it was within her discretion to give more weight to the factor regarding the difficulty of the issues than to that of the results obtained factor. This case involved an...

Susan Musta v. Mendota Heights Dental center, et. al.

October 14, 2021  |   By Kelly B. Nyquist  

Susan Musta v. Mendota Heights Dental center, et. al. A20-1551 (Minn. Oct. 13, 2021) The employee suffered a neck injury while working for her employer. After multiple rounds of medical intervention were unsuccessful, her doctor certified her for participation in Minnesota’s medical cannabis program. The employee sought reimbursement for the cost of medical cannabis from the employer and insurer....

Daniel Bierbach v. Dilgger’s Polaris, et. al.

October 14, 2021  |   By Kelly B. Nyquist  

Daniel Bierbach v. Dilgger’s Polaris, et. al., A20-1525 (Minn. Supreme Court, October 13, 2021) The employee suffered a work related ankle injury and was diagnosed with intractable pain. He enrolled in Minnesota’s medical cannabis research program. He subsequently filed a Claim petition seeking reimbursement from his former employer for the cost of medical cannabis. The employee’s doctor found...

Joan Hurst v. Caledonia Haulers, Inc.

October 14, 2021  |   By William J. Warren  

Joan Hurst v. Caledonia Haulers, Inc., et at. No. WC21-6400 (W.C.C.A. September 27, 2021. Employer and Insurer appealed a determination that the Employee suffered a permanent aggravation of her underlying preexisting mental health conditions. The Employee was involved in two work-related collisions in 2019. One accident resulted in the death of the driver of the other vehicle. She was declared dead...

Long v. Minnesota Vikings Football Club, et. al.

September 14, 2021  |   Ashley L. Allen  

Long v. Minnesota Vikings Football Club, et. al., No. WC21-6402 (W.C.C.A. September 1, 2021). The Employee was a professional football player for the Employer for the 2016-2017 football season. The Employee sustained an admitted Achilles tendon injury on November 13, 2016. The Employee underwent surgery, and after complications the Employee developed a staph infection, and the tendon was unable to...

Dillon v. Surly Brewing Co.

September 14, 2021  |   Kelsey E. Young  

Dillon v. Surly Brewing Co. WCCA No. WC20-6363 (W.C.C.A. August 16, 2021) The Workers Compensation Court of Appeals (WCCA) affirmed an order by a compensation judge finding the judge did not err in declining to address the issues of PPD benefits or penalties because neither were raised at the hearing. The WCCA also affirmed the compensation judge’s choice between competing expert opinions where the...

Leuthard v. Indep. School Dist. 912

August 18, 2021  |   By Kelly B. Nyquist  

Leuthard v. Indep. School Dist. 912, SC No. A20-0893 (Supreme Court April 28, 2021) The Employee suffered an admitted Gillette injury to her neck in 2004. The Employee received physical therapy and medial branch blocks, then began receiving facet joint injections approximately every three months from 2013 onward. She initially described significant benefits from these procedures, both in reduced pain...

Sershen v. Met. Council

August 18, 2021  |   By Kelly B. Nyquist  

Sershen v. Met. Council, No. WC21-6395 (W.C.C.A. June 24, 2021) From 1986 through 2017 the employee worked in a variety of different capacities for several employers, including Streater, Truth Hardware, SPX, ATEK, and the Metropolitan Council. He was exposed to occupational noise and subsequently made an occupational hearing loss claim. The employee’s expert concluded his exposure to noise at...

Michelle Sayler v. Bethany Home, et. al.

August 17, 2021  |   By William J. Warren  

Michelle Sayler v. Bethany Home, et. al., No. A20-1429 (Minn. Supreme Court, June 11, 2021). While working for the employer, a patient’s wheelchair rolled over the employee’s right great toe and right foot, suffering an admitted injury. The employee’s pain continued and she was diagnosed with Reflex Sympathetic Dystrophy (RSD). Her RSD progressed, eventually requiring her to use a cane and wheelchair...

Alia Black v. Essentia Health, et. al.

August 17, 2021  |   Benjamin J. Kramer  

Alia Black v. Essentia Health, et. al., No. WC21-6403. (W.C.C.A. July 28, 2021).  Compensation Judge: Stacy Bouman The employee, Alia Black (formerly Alia Jordan), suffered an admitted lumbar back injury in 2002 while working for the employer as a registered nurse.  After undergoing several failed back surgeries and a wide variety of conservative treatment, the employee began taking opioid medication...

Sharon Sobczak v. Walmart Stores, Inc., et. al.

August 17, 2021  |   Kammi J. Hoeffler  

Sharon Sobczak v. Walmart Stores, Inc., et. al., No. WC21-6398 (W.C.C.A June 2, 2021). Employer and Insurer maintained that Employee’s Suboxone prescription was closed out during the parties’ 2006 settlement, and classified as “outpatient chemical dependency treatment.” They alternatively contended that the award for the Suboxone prescription was precluded by Minn. R. 5221.4070, subp.1, because...

Quandt v State of Minn.

August 17, 2021  |   Kelsey E. Young  

Quandt v State of Minn. WCCA No. WC20-6386 (W.C.C.A. June 3, 2021) The Workers Compensation Court of Appeals (WCCA) vacated an order by a compensation judge where the record had been left open for submission of an amended exhibit and the original exhibit claimed $670 in expenses but the amended exhibit submitted post hearing listed more than $10,000 in previously unclaimed expenses. At the September...

Sergio Medina v. Paymasters, Inc., et al

August 17, 2021  |   By William J. Warren  

Sergio Medina v. Paymasters, Inc., et al. No. WC21-6390 (W.C.C.A. June 17, 2021). The Employee sustained injuries with Employer when lifting a large mold. A claim petition was filed, seeking, in part, payment of outstanding medical bills. The compensation judge found the treatment by the providers was reasonable, necessary, and related to the work injury. The compensation judge ordered payment to the...

Senftner v. Bimbo Bakeries USA, Inc., and Ace USA

June 22, 2021  |   Benjamin J. Kramer  

James Senftner v. Bimbo Bakeries USA, Inc., and Ace USA, No. WC20-6385, (W.C.C.A, MAY 4, 2021).  This case was summarily affirmed by the Minnesota Supreme Court in a November 2021 decision. www.mncourts.gov/mncourtsgov/media/Appellate/Supreme%20Court/Standard%20Opinions/ORA210702-111721.pdf The employee, James Senftner, started working as a route sales professional for the employer in March 1990 when...

Mark Price v. Listul Erection Corp, et. al

June 22, 2021  |   By William J. Warren  

Mark Price v. Listul Erection Corp, et. al., No. WC21-6394 (W.C.C.A. May 7, 2021). The Employee appealed the compensation judge’s determination that he was not permanently and totally disabled. The Employee suffered a left heel injury as a result of a fall from about 15 feet on August 27, 1999. He was employed as an ironworker at the time of the injury. The claim was admitted and he underwent surgery...