Archive | Caselaw Updates

Smith v. Carver County

July 30, 2019  |   By Lisa N. Truitt  

Smith v. Carver County, No. A19-0199 (Supreme Court July 17, 2019) The  Minnesota Supreme Court reversed the WCCA’s January 2019 decision and in doing so, provided clarification that a compensation judge need not “conduct an independent assessment to verify  that a diagnosis of a psychologist or psychiatrist confirms to the PTSD criteria set forth in the DSM before accepting the expert’s diagnosis.” This...

Johnson v. Darchucks Fabrication, Inc.

May 22, 2019  |   By Lisa N. Truitt  

Johnson v. Darchucks Fabrication, Inc., No. A18-1131 (April 24, 2019). This case involved an employee who suffered an admitted ankle injury which led to a diagnosis of complex regional pain syndrome (CRPS). The employee’s claim was settled in 2004 with future medical benefits left open and the employer and insurer agreeing to pay for future reasonable and necessary medical benefits. Over the next...

Ewing v. Print Craft Inc.

April 10, 2019  |   By Lisa N. Truitt  

Ewing v. Print Craft Inc., No. WC18-6197 (W.C.C.A. March 12, 2019) This case confirms that a QRC is entitled to payment of his/her bills up until the filing of a request for termination of rehabilitation services, even if the injury was judicially determined to be fully resolved well before such a request for termination is filed. The QRC in this case was providing medical management related...

Abed v. Era Ventura Capital

April 10, 2019  |   By Lisa N. Truitt  

Abed v. Era Ventura Capital, No. WC18-6200 (W.C.C.A. February 22, 2019) The employee alleged to have injured himself when he either fell off of a stool or his foot slipped off of a stool in February of 2017. His initial reports alleged only foot pain and that he hadn’t fallen to the ground. However, throughout fairly extensive medical treatment, his claims expanded to right foot, neck, low back,...

Claude Bruton v. Smithfield Foods, Inc.

March 04, 2019  |   By William R. Moody  

Claude Bruton v. Smithfield Foods, Inc., Minnesota Supreme Court A18-0914 (February 27, 2019) The Minnesota Supreme Court affirmed the W.C.C.A. and held that an employee’s claim for temporary total disability benefits cannot be offset by benefits paid for the same period of disability under the employer’s self-funded, self-administered short term disability (STD) plan. The Employee fell and dislocated...

Bruton v. Smithfield Foods, Inc.

March 04, 2019  |   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. ...

Smith v. Carver County

February 26, 2019  |   By Lisa N. Truitt  

Smith v. Carver County, No. WC18-6180 (W.C.C.A. January 4, 2019) The employee in this case filed a Claim Petition for workers’ compensation benefits based on PTSD caused by his work as a deputy sheriff for Carver County from July of 2006 through June of 2016. Specifically, the employee claimed that his PTSD was due to 16 specific traumatic events which he encountered as part of his employment as...

Noga v. Minnesota Vikings Football Club

January 14, 2019  |   By William R. Moody  

Noga v. Minnesota Vikings Football Club, No.WC186133, W.C.C.A. September 19, 2018 The Employee was a defensive lineman who played with the Minnesota Vikings from 1988 to 1992.  In 1993, 1994 the Employee played a season and a half with other NFL teams.  He played in the Arena Football League from 1994 to 1998.  The Employee claimed a Gillette head injury as a result of this employment with a Claim...

Tetra Tech EC, Inc. v. Wisconsin Department of Revenue

August 17, 2018  |   By Lisa N. Truitt  

Tetra Tech EC, Inc. v. Wisconsin Department of Revenue, 2018 WI 75 (June 26, 2018) For years, Wisconsin courts gave “great weight” deference to agency interpretations of law under the following circumstances: 1) the agency was charged with the duty of administering the law in question by the legislature; 2) the agency’s interpretation is long-standing; 3) the agency employed its expertise or...

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...