Here you’ll find the most recent news, events and caselaw updates from Fitch Johnson Larson.
- Primary Liability: Conducting the Initial Investigation
Most claims are accepted. However, each claim will need to have an investigation completed before determining compensability. By the time you, the claims representative, gets notice of the claim – the clock may already be running on your compensability decision. The first step is to conduct a good faith investigation, but what is a good faith investigation? According to DOLI, a good investigation is one that does three things: The next question is, how does a claims professional obtain this information in the investigation process? - Daniel Krumsieg v. Bloomington Metro Mitsubishi, et al.Daniel Krumsieg v. Bloomington Metro Mitsubishi, et al., No. WC24-6573 (February 24, 2025) The Employee suffered a traumatic brain injury (TBI) in 2007 while working for the Employer. At the time of the injury, the Employee was 34 years old, and was considered “morbidly obese” with a height of five feet nine inches and weight of 280 pounds. He had been previously diagnosed with bipolar disorder and severe obstructive sleep apnea. The Employer and Insurer admitted liability, ultimately stipulated that the Employee was permanently and
- Linder Konneh v. Sundog Enters., LLCLinder Konneh v. Sundog Enters., LLC, No. WC24-6589 (WCCA, June 5, 2025) The employee, Linder Konneh, worked as a home health aide for the employer, Sundog Enterprises, LLC. Prior to working with the employer, she had treatment for her low back and knees. In both 2005 and 2015, she reported bilateral knee pain to medical providers and was referred to physical therapy. In addition, the employee also suffered from previous low back issues. In 2018 she fell down a walking ramp and, later in the
- Lykins v. Anderson Contracting, Inc., et al.Lykins v. Anderson Contracting, Inc., et al., No. A24-0548 and A24-0549 (Minn. May. 21, 2025) This case is addresses an employee’s claims that they were incapacitated and did not have the benefit of a conservator when they settled their workers’ compensation claims. About one year later the parties agreed to an addendum settlement. In 2015, the Employee, Bobby Lykins, was involved in an explosion at work that resulted in a TBI and related cognitive issues. This was an admitted injury. In 2017, Lykins, his employer, and
- Rodney Bjornson v. McNeilus Cos., IncRodney Bjornson v. McNeilus Cos., Inc., No. A24-0454 (Minn. 2025) The issue before the court was whether the Employee’s attorney presented sufficient evidence to prove that he recovered an ascertainable dollar amount of medical benefits for the Employee under the Roraff fee statute. Regarding the facts of the underlying case, the Employee suffered two injuries while employed by McNeilus. He received treatment for his injuries at Mayo Clinic. McNeilus paid the Employee’s Mayo Clinic expenses out of a self-funded health insurance plan managed by UnitedHealthcare.
- Robert P. Mike, Jr. v. CBI Servs.Robert P. Mike, Jr. v. CBI Servs. No. WC24-6575 (W.C.C.A April 1, 2025) The Employee settled his workers’ compensation claim on a full final and complete basis in 2005. As part of the settlement, the Employee received a lump sum, less attorney fees, and period payments from an annuity which guaranteed five payments. The settlement agreement contained a compromise agreement that assigned the Employer & Insurer’s obligations to make the annuity payments to Liberty Assignment Corporation, specifically stating that Employer & Insurers duties, responsibilities and
- Melanie Dowling v. TheKey, LLC and Berkshire Hathaway Homestate Cos.Melanie Dowling v. TheKey, LLC and Berkshire Hathaway Homestate Cos., No. WC24-6559 (September 24, 2024) The Employee worked as a caregiver providing personal care services to clients of the Employer. On October 22, 2022, the Employee was scheduled to assist a client living in Cottage Grove from 9:00 a.m. to 10:00 p.m., with another shift for the same client starting at 9:00 a.m. the following day. Because the drive from the Employee’s home in Blaine to Cottage Grove took 45 to 60 minutes, on two
- Lucas Peterson v. City of Minneapolis and Fairview Health Servs.Lucas Peterson v. City of Minneapolis and Fairview Health Servs., No. WC23-6596 (June 28, 2024) The Employee was hired by the Employer in 1999 as a community service officer. He was seen by a licensed psychologist for a pre-employment mental health examination, and he did not appear to have any significant personality or emotional difficulty. In 2000, a similar examination of the Employee was conducted before he entered the police academy, and he was again found to have no significant personality or emotional problems, and
- Clarence Johnson v. University Good Samaritan and Sentry Insurance GroupClarence Johnson v. University Good Samaritan and Sentry Insurance Group No. WC24-6584 (January 10, 2025) Facts: In this matter, Clarence Johnson claimed injuries to his low back and left leg arising out of and in the course of his employment with University Good Samaritan. The matter was resolved through mediation which incorporated a stipulation for settlement, which was served and filed on October 18, 2004. The parties agreed to a full, final and complete settlement, including permanent partial disability to any extent. Since the award
- Paula Kay Brunner v. Post Consumer BrandsPaula Kay Brunner v. Post Consumer Brands, No. WC24-6569 (W.C.C.A. January 15, 2025). This case addresses whether an employer and its workers’ compensation insurer must reimburse a health insurer for medical bills from compensable work injury when the health insurer missed the deadline to intervene. The Employee worked as a packaging operator for Employer. She developed a left shoulder Gillette injury. She had medical treatment and surgery, and she missed time from work. After her surgery, she returned to her pre-injury job. Employer and Insurer