Archive | By Elliot T. Westman

Rochel v. Schwan’s Home Serv., et al.

July 31, 2016  |   By Elliot T. Westman  

Rochel v. Schwan’s Home Serv., et al., No. WC15-5884 (WCCA May 20, 2016) The employee in this matter appealed a compensation judge’s determination that a 2014 Stipulation and Award closed out ongoing prescription expenses for continuing pain following a July 23, 2010 work injury. The employee suffered a fractured ankle and had three surgeries in 2011, 2012, and 2013. Fusion surgery was recommended...

Wiese v. Becklund Home Health and RTW Group, et al

July 31, 2016  |   By Elliot T. Westman  

Wiese v. Becklund Home Health and RTW Group, et al., No. WC15-5840 (WCCA Apr. 21, 2016) One of the three employers involved in this case,  Sioux Trails Mental Health Center, appealed the compensation judge’s prior apportionment of liability between Becklund Home Health and the State of Minnesota (MN Dept. Human Services). The standard on appeal was whether the prior apportionment was supported by...

Stevens v. ST Servs. And CNA Ins. Cos.

March 30, 2016  |   By Elliot T. Westman  

Stevens v. ST Servs. And CNA Ins. Cos., No WC15-5876 (Feb. 22, 2016) The employee appealed a compensation judge’s order dismissing his claim for penalties. The employee sustained work injuries to his shoulders in 1984 and 1985. In 1994, the parties stipulated the employee was permanently totally disabled and would be paid ongoing benefits. In 2011, the employer and insurer filed a petition to discontinue...

Blomme v. Ind. Sch. Dist. No. 413

March 30, 2016  |   By Elliot T. Westman  

Blomme v. Ind. Sch. Dist. No. 413, No. WC 15-5866 (Feb 23, 2016) The employee petitioned the Workers’ Compensation Court of Appeals to vacate an award on stipulation based on mutual mistake of fact and a substantial change in condition. The employee was working for Independent School District No. 413 on May 30, 2003, when he was injured pulling bleachers out to set up a school graduation ceremony....

Meyer v. Genmar Transp., Inc. et al

March 30, 2016  |   By Elliot T. Westman  

Meyer v. Genmar Transp., Inc. et al., No. WC15-5845 (Mar. 1, 2016) In this workers’ compensation dispute, the employee appealed a compensation judge’s determination that a three-level fusion surgery from September 4, 2014 was not reasonable or necessary in connection with a February 17, 2009 work injury. Employee was a truck driver. On the date of injury, the employee was rolling a set of tarps...

Stevens v. S.T. Servs. and C.N.A. Ins. Cos

March 30, 2016  |   By Elliot T. Westman  

Stevens v. S.T. Servs. and C.N.A. Ins. Cos., No. WC15-5839 (Mar. 8, 2016) The employer and insurer petitioned to vacate an Award on Stipulation served and filed in 1994 which found the employee permanently & totally disabled; they moved on the bases of mutual mistake of fact and substantial change in medical condition. The insurer learned from discussions with the employee that from 2008-2010,...