Archive | Caselaw Updates

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...

Daniel M. Ansello v. Wis. Central, Ltd.

March 13, 2017  |   By William R. Moody  

Daniel M. Ansello v. Wis. Central, Ltd., No. WC16-5949 (W.C.C.A. Feb. 10, 2017) The Employee appealed the Compensation Judge’s Order which dismissed his claims under the Minnesota Workers Compensation Act (MWCA), under the grounds that relief should be sought under the federal Longshore and Harbor Workers Compensation Act (LHWCA). The Employee suffered an admitted injury while working at the Duluth...

Gianotti v. Independent School District 152, A16-0629 (Minn.)

February 09, 2017  |   By William R. Moody  

Gianotti v. Independent School District 152, A16-0629 (Minn.) Feb. 8, 2017 The Employee, a school bus monitor, sustained an injury after falling forward and hitting her head and left upper extremity. The Employer and Insurer admitted an injury and paid benefits. Subsequently, the Employee claimed to be suffering from post-concussive syndrome. Benefits were denied after the Employer and Insurer acquired...

McKenna v. Security Products Inc. et. al.

August 05, 2016  |   Caselaw Updates  

McKenna v. Security Products Inc. et. al. No. WC15-5856 (APRIL 29, 2016) The WCCA upheld a compensation judge’s findings that: 1.) There was substantial evidence in an expert medical opinion and vocational opinion to support a finding that an employee was not permanently disabled. Three vocational experts examined the Employee, where two were under the opinion that the Employee was permanently disabled...

Gilbertson v. Williams Dingmann, LLC

August 03, 2016  |   By Lisa N. Truitt  

Gilbertson v. Williams Dingmann, LLC, WCCA No. WC15-5878 (May 2, 2016) The employee worked as a funeral director and, due to conflicts with her personal life, decided to resign her position effective December 31, 2011. She wrote a letter of resignation to her employer on September 26, 2011 indicating the resignation date of December 31, 2011. 3 weeks later, on October 13, 2011, the employee suffered...

Washek v. New Dimensions Home Health

August 03, 2016  |   By Lisa N. Truitt  

Washek v. New Dimensions Home Health, WCCA No. WC15-5861 (May 16, 2016) The employee was involved in a work-related motor vehicle accident on December 18, 2002 which rendered her a paraplegic confined to a wheelchair. She is permanently and totally disabled. The employer and insurer admitted liability and paid wage loss benefits, permanent partial disability, rehabilitation expenses, medical expenses,...

Reiners v. Hospice of the Twin Cities

July 29, 2016  |   By William R. Moody  

Reiners v. Hospice of the Twin Cities, WCCA No. WC15-5872 (April 28, 2016) The employee suffered an admitted low back injury on April 16, 2010. A subsequent MRI confirmed an L5-S1 extruded disc herniation, which later was surgically corrected with an L5-S1 disc replacement. Unfortunately, the Employee continued to experience chronic pain following the surgery. To address her chronic pain, the Employee...

Halvorson v. B&F Fastener Supply and Selective Ins. Grp.

July 19, 2016  |   Caselaw Updates  

Halvorson v. B&F Fastener Supply and Selective Ins. Grp., No. WC15-5869 (May 9, 2016) Where the parties expressly limited the issue before the judge to whether the employee was a “qualified employee,” a finding that she was not does not substantiate the discontinuance of rehabilitation. The employee, after injuring multiple body parts while working full time at B&F, spent more than two...

Gruba v. Tradesman Int’l, Inc. et. al.

April 28, 2016  |   Caselaw Updates  

Gruba v. Tradesman Int’l, Inc. et. al., No. WC15-5896 (April 5, 2016) The Workers’ Compensation Court of Appeals found there was no subject-matter jurisdiction for a claim for the recovery of benefits paid under North Dakota compensation system for which North Dakota sought repayment. The employee injured his left hand and wrist in North Dakota, reporting the accident to North Dakota Workforce...

Groetsch v. Kemps, LLC

April 28, 2016  |   Caselaw Updates  

Groetsch v. Kemps, LLC, No. WC15-5844  (April 4, 2016) The Workers’ Compensation Court of Appeals upheld the determination of a Gillette injury arising out of the workplace after the employee, who worked as a line picker at a milk packaging plant, reported sharp pain in his right forearm after 10 years of “repeated picking of the units.” This was diagnosed as lateral epicondylitis and the employer...

Williams v. ISD 2396

February 17, 2016  |   By Kelly B. Nyquist  

Williams v. ISD 2396, No. WC15-5820 (February 16, 2016) The employer and insurer appealed the compensation judge’s conclusion that the employee’s injury arose out of her employment. The employee was a custodian at the school district. Part of her duties on the day of the injury involved setting up the gym for a basketball game, which included a number of tasks. The employee testified she and her...

David v. The Heavy Equip. Co.

February 17, 2016  |   By Kelly B. Nyquist  

David v. The Heavy Equip. Co., No. WC15-5802 (February 17, 2016) The employer and insurer appealed from the compensation judge’s dismissal of its petition for recovery of erroneously paid medical benefits which sought reimbursement for medical expense payments made to various healthcare providers as a result of an injury that was previously adjudicated as not compensable. The employee in this case...

Killian v. State Department of Transportation,

January 11, 2016  |   By William R. Moody  

Killian v. State Department of Transportation, No. WC15-5819 (January 11, 2016) Self-Insured Employer appeals the findings that the Employee’s pain clinic treatment and medication were reasonable and necessary, arguing that the Compensation Judge did not specifically address a treatment parameter defense raised at trial. The Employee suffered a work related injury on August 19, 2009, subsequently...

Omar v. Royal Am. Foods and Liberty Mutual Insurance Co.

December 18, 2015  |   By Lisa N. Truitt, Caselaw Updates  

Omar v. Royal Am. Foods and Liberty Mutual Insurance Co., Case No: WC14-5745 (December 18, 2014) In this case, the employee and the employer and insurer submitted a stipulation for settlement to OAH asserting that three medical providers had been notified of their potential intervention and/or Spaeth interests and had failed to intervene. The agreement specified that copies of notice were previously...

Barbara Brunkhorst v. Andrews Knitting Mills

September 30, 2015  |   By Scott F. Johnson, Caselaw Updates  

Barbara Brunkhorst v. Andrews Knitting Mills, No. WC14-5683 (September 25, 2014) The employee sustained an admitted low back injury in early 2001 when she tripped and fell against a filing cabinet striking her low back.  The employee had a known history of degenerative disc disease after a series of injections and surgical intervention.  The employee’s treating doctors started the employee on a...

Thommes v. Honeywell International, Inc.

September 25, 2015  |   Caselaw Updates  

James P. Thommes v. Honeywell International, Inc., in Hennepin County District Court, File No. 27-CV-14-4924 In this case, the employee suffered an admitted injury during his employment with Honeywell.  This injury occurred in 2010.  In August of 2013, the employee entered into a settlement agreement with the insurer for a total of $40,000.00. Five months after the employee settled his claim with...

Mach v. Wells Concrete Products Co.

September 25, 2015  |   Caselaw Updates  

David J. Mach v. Wells Concrete Products Co., A14-2065 (Minn.) The Mach matter is a long gestating case dealing with recommended medical treatment that had been denied by a compensation judge previously and was, years later, recommended again.  The Employee suffered an admitted injury from which he sought workers’ compensation benefits in August 2010.  The Employee contended that, due to the injury,...