Archive | By William J. Warren

Miller v. Valley Paving, Inc.

April 11, 2018  |   By William J. Warren  

Miller v. Valley Paving, Inc., NO. WC17-6098 (W.C.C.A. March 6, 2018). Employer and insurer appeal a finding that the employee sustained a permanent injury to his right knee.  On August 31, 2015, while working for Valley Paving, Inc., the employee was removing old concrete when he stepped backwards into a hole, injuring his right knee.  The employer and insurer accepted liability for this injury. ...

Loos v. White Bear Lake Superstore, Inc.

April 11, 2018  |   By William J. Warren  

Loos v. White Bear Lake Superstore, Inc., NO. WC17-6108 (W.C.C.A. March 28, 2018). The employer and insurer appeal a holding that the employee was entitled to temporary total disability benefits dues to the employee’s inability to maintain substantial gainful employment. The employee worked as a salesperson for a car dealership.  In the normal course of business, he would have to meet customers...

Trujillo v. Pride Constr., Inc., et. al.

January 09, 2018  |   By William J. Warren  

Trujillo v. Pride Constr., Inc., et. al., No. WC17-6081 (W.C.C.A. December 4, 2017). On April 16, 2014, Employee slipped and sustained an admitted right shoulder injury.  Both the treating physician and shoulder specialist agreed that Employee’s shoulder was “fragile” and that he needed significant work restrictions. Employer was not able to accommodate Employee’s work restrictions. On the...

Nelson v. Smurfit Stone Container Corp., et. al

December 21, 2017  |   By William J. Warren  

Nelson v. Smurfit Stone Container Corp., et. al., No. WC17-6053 (W.C.C.A. October 9, 2017). The Employee was working for a plant when he sustained a work related injury to his right shoulder, which required surgery and time off work. Once returned to work, he began experiencing symptoms in his left shoulder as well. The Employee reported both of his shoulder problems to the Employer. The plant subsequently...

Carda v. State of Minn./Dep’t of Human Servs.

August 14, 2017  |   By William J. Warren  

Carda v. State of Minn./Dep’t of Human Servs., No. WC17-6030 (W.C.C.A. July 11, 2017). The Employee appeals the Compensation Judge’s finding that the Employee was capable of working full time without left upper extremity restrictions, and from discontinuance of TTD compensation. While supervising violent mentally ill residents, the Employee suffered an admitted injury to her left upper extremity...

Parker v. Foley Locker, Inc. and Ram Mutual Ins. Co., et al.

May 30, 2017  |   By William J. Warren  

Parker v. Foley Locker, Inc. and Ram Mutual Ins. Co., et al., No. WC16-6018 (W.C.C.A. May 11, 2017). Employer and Insurer appealed the compensation judge’s award of temporary partial and permanent partial disability benefits, as well as from the determination that the employee’s claimed medical expenses were reasonable, necessary, and causally related to the employee’s work injury. While working...

Gerhardson v. Indus., Inc.

April 30, 2017  |   By William J. Warren  

 Gerhardson v. Indus., Inc., WC16-6003 (W.C.C.A. March 15, 2017). The employee appeals the compensation judge’s denial of her claim for permanent total disability benefits.  The W.C.C.A. affirmed by finding substantial evidence supports the holdings of the Compensation Judge.   The employee was employed by Industries, Inc., as a job coach. In this position, she provided training and supervision...

Basting v. Metz Framing, Inc., WC16-5971 (W.C.C.A. January 05, 2017).

February 13, 2017  |   By William J. Warren  

Basting v. Metz Framing, Inc., WC16-5971 (W.C.C.A. January 05, 2017). Employee appealed the compensation judges’ holding that the employee’s low back, mid back, right ankle, and right knee were temporary, rather than permanent, in nature and that the employee did not sustain SI joint or coccygeal injuries. Second, the employee appealed the denial of certain intervenor reimbursement for previously...

Williams v. Minn. Vikings Football Club and Gallagher Bassett Servs., et al.

January 22, 2017  |   By William J. Warren  

Williams v. Minn. Vikings Football Club and Gallagher Bassett Servs., et al., No. WC16-5924 (W.C.C.A. July 12, 2016). Employer and insurers appealed the compensation judge’s conclusion that the injuries sustained by the employee when he played professional football for the employer were substantial contributing causes of employee’s disability.  The standard of appeal was whether substantial evidence,...

Goble v. Leisure Hills of Hibbing and Minn. Health Care Ass’n/CCMSI, et. al.

January 22, 2017  |   By William J. Warren  

Goble v. Leisure Hills of Hibbing and Minn. Health Care Ass’n/CCMSI, et. al., No. WC15-5900 (W.C.C.A. July 11, 2016). Employer and insurer appealed the compensation judge’s conclusion that common law governing the effect of notice between a principal and agent does not prevail over the statutory intervention notice requirement of Minn. Stat. § 176.361, subd. 2(a). Standard of review is whether...

Newgard-Gray v. Travelers and New Hampshire Ins./Constitution State Servs.

January 22, 2017  |   By William J. Warren  

Newgard-Gray v. Travelers and New Hampshire Ins./Constitution State Servs., et al., No. WC16-5913 (W.C.C.A. July 28, 2016). Employee appealed the compensation judge’s conclusion that employee did not sustain work related injuries to both upper extremities either a specific injury on August 12, 2013 or as a result of a Gillette injury.  The standard of review is substantial evidence supported by...

Giles v. Montu Staffing Solutions and Fairview Health Servs.

January 22, 2017  |   By William J. Warren  

Giles v. Montu Staffing Solutions and Fairview Health Servs., et al., No. WC16-5904 (W.C.C.A. July 29, 2016). Employer and employee appealed the workers’ compensation judge’s conclusion that substantial evidence supports a finding of temporary total disability arising out of the right knee, calculation of average weekly wage, denial of requested medical care for right shoulder, and admission of...

Driggins v. Midwest Specialty Maint

January 22, 2017  |   By William J. Warren  

Driggins v. Midwest Specialty Maint, WC16-5932 (W.C.C.A. September 21, 2016).  The employee appealed the compensation judges’ conclusion that the employee’s work injury was a temporary aggravation of a pre-existing condition and the need for restrictions and resulting wage loss were not causally related to the work injury.  The W.C.C.A. affirmed this holding. Employee worked as a general laborer...

Cobb v. Continental Hydraulics and Travelers Ins. Co.

January 22, 2017  |   By William J. Warren  

Cobb v. Continental Hydraulics and Travelers Ins. Co., No. WC15-5836 (W.C.C.A. August 4, 2016).  Employee appealed the compensation judges’ conclusion that substantial evidence supports the employee’s failure to prove his notice of appeal was timely filed under Minn. Stat. §§ 176.421 and 176.275. Compensation Judge Sandra Grove issued a Findings and Order on May 14, 2015 involving employee’s...

Block v. Exterior Remodeling, Inc

October 10, 2016  |   By William J. Warren  

Block v. Exterior Remodeling, Inc., WC16-5916 (W.C.C.A. August 26, 2016) The employee petitioned to vacate an Award on Stipulation served and filed on May 11, 1992, on grounds that there has been a mutual mistake, or, on the alternative, that he has experienced a substantial charge in his medical condition constituting good cause to grant the employee’s petition to vacate. Employee was injured while...

Thao v. Synovis Life Techs., Inc

October 10, 2016  |   By William J. Warren  

Thao v. Synovis Life Techs., Inc., No. WC16-5928 (W.C.C.A. September 2, 2016) The employee appealed the compensation judges’ findings that Employee’s medical treatment for chronic tendonitis and carpal tunnel syndrome was not causally related to the employee’s January 1, 2008 work injury.  The W.C.C.A. concluded that the compensation judge’s decision was not reasonable supported by the evidence...

Driggins v. Midwest Specialty Maint

October 10, 2016  |   By William J. Warren  

Driggins v. Midwest Specialty Maint, WC16-5932 (W.C.C.A. September 21, 2016) The employee appealed the compensation judges’ conclusion that the employee’s work injury was a temporary aggravation of a pre-existing condition and the need for restrictions and resulting wage loss were not causally related to the work injury.  The W.C.C.A. affirmed this holding. Employee worked as a general laborer...

Bach v. Upper Mississippi Mental Health Ctr.

October 10, 2016  |   By William J. Warren  

Bach v. Upper Mississippi Mental Health Ctr., WC16-5911 (W.C.C.A. August 15, 2016) Employee appealed the compensation judges’ calculation of the employee’s weekly wage at the time of injury.  The W.C.C.A affirmed by finding substantial evidence supports the conclusion that employee did not have evidence to support her claim of regular employment with a second employer, nor that employee worked...

Williams v. Minn. Vikings Football Club and Gallagher Bassett Servs., et al

September 09, 2016  |   By William J. Warren  

Williams v. Minn. Vikings Football Club and Gallagher Bassett Servs., et al., No. WC16-5924 (W.C.C.A. July 12, 2016) Employer and insurers appealed the compensation judge’s conclusion that the injuries sustained by the employee when he played professional football for the employer were substantial contributing causes of employee’s disability.  The standard of appeal was whether substantial evidence,...

Newgard-Gray v. Travelers and New Hampshire Ins./Constitution State Servs., et

September 09, 2016  |   By William J. Warren  

Newgard-Gray v. Travelers and New Hampshire Ins./Constitution State Servs., et al., No. WC16-5913 (W.C.C.A. July 28, 2016) Employee appealed the compensation judge’s conclusion that employee did not sustain work related injuries to both upper extremities either a specific injury on August 12, 2013 or as a result of a Gillette injury.  The standard of review is substantial evidence supported by a...