Archive | Caselaw Updates

Larson v. ISD 465

August 14, 2018  |   By William R. Moody  

Larson v. ISD 465, No. WC18-6132 (W.C.C.A. July 18, 2018). The Employee was a paraprofessional working for the school district who claimed to have developed a Gillette injury involving pain and numbness in her upper extremities.  The Employee alleged to have been exposed to injury by repetitively lifting and manipulating a severely physically disabled child, piano playing for the district, as well...

Roller-Dick v. CentraCare Health

August 13, 2018  |   By Lisa N. Truitt  

Roller-Dick v. CentraCare Health, No. A17-1816 (Minn. Supreme Court August 2018). The employee sustained a left ankle fracture after falling down the stairs while leaving work. The stairway she was using was not usually accessible to the public, had railings on both sides, and non-slip treads. The employee was not using the handrails as she was carrying a plant with both hands and had a handbag hanging...

Johnson v. Darchuks Fabrication, Inc.

July 09, 2018  |   By Lisa N. Truitt  

Johnson v. Darchuks Fabrication, Inc., No. WC17-6114 (W.C.C.A. June 13, 2018). The employee sustained an ankle injury in 2002 that eventually led to a diagnosis of complex regional pain syndrome. Surgery was not an option to address his condition and his doctor noted that the employee’s options were essentially to be in extreme pain or endure the side-effects of opioid medication. The employer and...

Bruton v. Smithfield Foods, Inc.

July 02, 2018  |   By William R. Moody  

Bruton v. Smithfield Foods, Inc., W.C.C.A. May 21, 2018, NO.WC17-6113. The Employee fell and dislocated his right shoulder on August 25, 2016.  Originally, primary liability was denied and the Employee received short term disability (STD) through a plan which was paid and administered by the Employer.  STD was paid at 80% of the Employee’s regular wages, and taxes were withheld from these payments. ...

Anthony Gist v. Atlas Staffing, Inc.

July 02, 2018  |   By William R. Moody  

Anthony Gist v. Atlas Staffing, Inc., Supreme Court Case No. A17-0819, No. A17-1096 (April 4, 2018). After leaving his job working with silica sand, the Employee suffered irreversible end stage renal disease and kidney failure.  He subsequently underwent significant medical treatment and claimed medical benefits at the time of the hearing in excess of $1.5 million.  The Employee’s own treating...

Wilson v. Twin Town Logistics

March 12, 2018  |   By Lisa N. Truitt  

Wilson v. Twin Town Logistics, No. WC17-6072 (W.C.C.A. February 9, 2018) The employee sustained an injury on February 4, 2013 which was accepted by the employer and insurer and benefits were paid. In January of 2014, the employee’s attorney filed a Claim Petition seeking attorney fees and penalties based on late payment of attorney fees. Shortly thereafter, in April of 2014, the employer was declared...

Weber v. Jake Bauerly

March 12, 2018  |   By William R. Moody  

Weber v. Jake Bauerly, NO. WC17-6096 (W.C.C.A. February 8, 2018) Employer and Insurer appealed the Compensation Judge’s award of six separate permanent partial disability ratings.  The Employee, who was a farmhand, suffered multiple injuries when farm equipment fell on him on March 12, 2013.  These injuries included fractures to the pelvis, fractures to the lumbar and thoracic transverse processes,...

Devos v. Rhino Contracting, Inc., et al.

March 06, 2018  |   Caselaw Updates  

Devos v. Rhino Contracting, Inc., et al., No. WC17-6075 (W.C.C.A., January 8, 2018). John Devos, Employee, was a construction worker hired by Rhino Contracting, Inc., a Grand Forks, North Dakota company.  Devos worked for Rhino Contracting in the 2011 and 2012 construction seasons. He was “rehired” or “recalled” for work in 2012.  The issue was whether he was “rehired” in North Dakota...

Hinkle v. Ruan Transportation

February 12, 2018  |   By Lisa N. Truitt  

Hinkle v. Ruan Transportation, No. WC17-6083 (W.C.C.A. January 5, 2018). The employee was hired by Ruan Transportation in 2008 as an over-the-road truck driver. He lived in Georgia, was hired in Georgia, and was assigned to an account with a home terminal in Georgia. He was then assigned to a different account in 2014 with a home terminal in Minnesota. Thereafter, he received his assignments from a...

Barbara M. Crushshon v. New Am. Hospitality, Inc.

December 29, 2017  |   By William R. Moody  

Barbara M. Crushshon v. New Am. Hospitality, Inc., NO. WC16-5936 (W.C.C.A. August 24, 2016) This case revolves around the marketing director for a small group of hotels.  On August 22, 2014, Ms. Crushshon was walking in the entrance of a hotel over concrete that was shaped or stamped, resembling cobblestone.  Ms. Crushshon testified that her foot felt “stuck” before she tripped and fell, falling...

Roller-Dick v. CentraCare Health System

December 21, 2017  |   By Lisa N. Truitt  

Roller-Dick v. CentraCare Health System, WCCA No. WC17-6051 (October 19, 2017). The employee worked as a payor relations specialist on the second floor of the employer’s office building. At the end of her shift on January 7, 2016, she was using a stairway to go down to the first floor to exit the building. The employee was using both hands to carry a plant and also had a purse hanging from her elbow...

George v. Cub Foods

October 25, 2017  |   By Lisa N. Truitt  

George v. Cub Foods, WCCA No. WC17-6039 (September 7, 2017). The employee worked as a cashier for Cub Foods on April 3, 2015 when she fell on some stairs at work and injured her right upper extremity. The employee returned to work with the date of injury employer but continued having pain in her right upper extremity and was eventually taken off of work. She underwent treatment including surgery, injections,...

Kellogg v. Phoenix Alternatives, Inc.

September 22, 2017  |   By William R. Moody  

Kellogg v. Phoenix Alternatives, Inc., No. WC17-6035 and No. WC17-6047 (W.C.C.A. September 14, 2017) Employee appeals Compensation Judge’s finding that the Stipulation for Settlement closing out all claims, except for the low back, also closed out sacroiliac joint benefits.  Employee also petitions to vacate prior Stipulation for Settlement. The Employee suffered an admitted injury to his lumbar...

Cruz v. Express Employment Prof’ls

June 30, 2017  |   By William R. Moody  

Cruz v. Express Employment Prof’ls, WCCA No. WC16-6011 (March 24, 2017) The W.C.C.A. affirms the Compensation Judge’s finding that the Employee failed to prove that he paid the $25.00 filing fee during his attempt to appeal and therefore the W.C.C.A. has no jurisdiction to hear the Employee’s appeal. The Employee, who was not represented by a lawyer, claimed to have sustained an allergic reaction...

Cochran v. Target Stores,

June 30, 2017  |   By William R. Moody  

Cochran v. Target Stores, No. WC16-6013 (June 5, 2017). The Employee was in the process of standing up, when his head hit the underside of a countertop, resulting in a laceration on his head, followed by severe headache, and some confusion but no loss of consciousness.  The claim was admitted and he subsequently was taken off work. He also underwent extensive treatment at HCMC TBI Clinic and other...

Hudson v. Trillium Staffing

June 30, 2017  |   By Howard Y. Held, By Ryan J. Courtney  

Hudson v. Trillium Staffing, Supreme Court Case No. A16-2017 (June 7, 2017) The Supreme Court reviewed a WCCA Order to Vacate a Stipulation for Settlement based upon a substantial change in condition.  The Petition to Vacate was filed by the employee pro se.  The Supreme Court determined the WCCA abused its discretion as the WCCA decision was based on an expert medical opinion that lacked foundation. Originally,...

Kelly v. Kraemer Construction, Inc.

June 12, 2017  |   By Lisa N. Truitt  

Kelly v. Kraemer Construction, Inc., Supreme Court Case No. A15-1751 (June 7, 2017). General contractor, Ulland Brothers (Ulland), won a bid to repair two bridges and subcontracted Kraemer Construction (Kraemer) to provide the necessary crane work. Kraemer provided the crane and two crew members – a crane operator and a signalman/oiler. Richard Washburn was working at the construction site for Ulland...

Gilbertson v. Williams Dingmann, LLC.

May 08, 2017  |   By Lisa N. Truitt  

Gilbertson v. Williams Dingmann, LLC Supreme Court Case No. A16-0895 (May 3, 2017). The employee worked at a funeral home, Williams Dingmann, when she suffered a work related low back injury on October 13, 2011. Just a few weeks before that injury occurred, the employee had submitted a letter of resignation on September 26, 2011 indicating her resignation would be effective December 21, 2011 citing...

Duehn v. Connell Car Care, Inc.

May 08, 2017  |   By Lisa N. Truitt  

Duehn v. Connell Car Care, Inc, Court of Appeals Case No. WC16-6000 (March 20, 2017) This is a case that was heard by the WCCA who affirmed all but one decision of the compensation judge based on substantial evidence under Hengemuhle. However, the issue of intervenors being extinguished if they failed to file for intervention status within 60 days of receiving notice was reversed and addressed specifically...

Coleman v. Professional Resource Network

March 13, 2017  |   By Lisa N. Truitt  

Coleman v. Professional Resource Network, Case No. WC16-5942 (February 3, 2017) The employee sustained an injury on September 19, 2011 while working for Professional Resource Network as a certified nursing assistant. She alleged injuries to her neck, thoracic spine, lumbar spine, right shoulder, and left shoulder and claimed entitlement to temporary total disability benefits. She sought medical treatment...