Archive | By Kelly P. Falsani

Ekdahl v. Independent School District #213

August 13, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Ekdahl v. Independent School District #213, Case No. A14-0089 (Minn. 2014) This and the Hartwig v. Traverse Care Center, Case No. A14-0090 (Minn.2014), the companion case, deal with the offset provision of Minn. Stat. §176.101, subd. 4, and whether the phrase “Old Age and Survivor Insurance benefits” applies to only Social Security retirement benefits under the federal Social Security Act, or...

Allen v. RD Offutt Co.

August 12, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Allen v. RD Offutt Co., No. WC14-5667, (Aug. 12, 2014) This is a case in which the compensation judge rejected the employee’s claim for permanent and total disability because the permanent partial disability threshold under Minn. Stat. §176.101, subd. 5, was not met.  The employee was 48 years old and sustained a low back injury on Sept. 28, 2010. Judge Cannon found that the employee had no more...

Guevara v. BT-PCE, et. al.

July 29, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Guevara v. BT-PCE, No. WC14-5660, (July 29, 2014) This is an interesting case because it analyzes joint employment following a petition for contribution and reimbursement by one employer against another. The facts are that the liable employer, Salrecon, entered into an agreement with BT-PCE (alleged joint employer) in which BT-PCE found employees for Salrecon, paid them through BT-PCE’s payroll service...

Beck v. Lowe’s Home Centers, Inc.

July 23, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Beck v. Lowe’s Home Centers, Inc., No. WC14-5689, (July 23, 2014) The employee in this case had a history of low back pain but also sustained two admitted work injuries in Sept. 2008 and Feb. 2011.  At the time of her 2008 injury, the employee had no work restrictions and could perform her job for Lowe’s without any accommodation.  Even though she had treated at intermittent periods of time in...

Eisenschenk v. Anoka Turf Farms, Inc.

April 16, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Eisenschenk v. Anoka Turf Farms, Inc., No. WC13-5630 (Apr. 16, 2014) The compensation judge found that the employee was not entitled to additional permanency, as the employer and insurer previously paid the employee for a right shoulder injury (6% for a right rotator cuff tear and 3% for a clavicle resection). Dr. Szalapski, IME doctor for the employer and insurer, opined that the employee would be...

Renwick v. Halverson and Blaiser Group

April 10, 2014  |   By Kelly P. Falsani, Caselaw Updates  

Renwick v. Halverson and Blaiser Group, No. WC13-5613 (Apr. 10, 2014) This case involves an employee who worked as a residential caretaker for the employer and worked irregular hours depending on need. According to the facts of this case, there had been a substantial snowfall in the City of St. Paul, which required the employee to park in the apartment building’s tenant lot due to a snow emergency. Because...

Miralda De La Cruz v. Sunrise of Edina and Sedgwick Claims Mgmt. Servs., Inc.

August 09, 2013  |   By Kelly P. Falsani, Caselaw Updates  

Miralda De La Cruz v. Sunrise of Edina and Sedgwick Claims Mgmt. Servs., Inc., No. WC12-5530 (WCCA, Aug. 9, 2013) This is a case in which the employee filed a medical request seeing approval of a MedX Program as recommended by Physicians’ Diagnostics and Rehabilitation (PDR), after sustaining an admitted December 6, 2011 injury to her low back. The employee underwent various treatment modalities,...

Lindsey Kanable v. Service Master of Rochester, and SECURA Ins. Cos.

January 21, 2013  |   By Kelly P. Falsani, Caselaw Updates  

Lindsey Kanable v. Service Master of Rochester, and SECURA Ins. Cos., WCCA, Jan. 21, 2013; No. WC12-5466. This case involves a very interesting fact patter in which the Employee was working in a typical office setting near the frontage road along Trunk Highway 52, when a runaway tractor-trailer semi went off of Highway 52 at 50 to 60 miles per hour, traveled between the highway and the building, and...

Mark Wittstock v. McPhillips Bros. Roofing Co.

January 09, 2013  |   By Kelly P. Falsani, Caselaw Updates  

Mark Wittstock v. McPhillips Bros. Roofing Co., WCCA, Jan. 9, 2013, No. WC12-5471. The issues in this case are whether there was substantial evidence to find that the employee sustained a Gillette-type low back injury culminating on or about his last date of employment – the date of an economic layoff on December 21, 2009 – and whether there was substantial evidence for the compensation judge to...

Todd Paskett v. Imation Corp. and Traveler’s Group

January 03, 2013  |   By Kelly P. Falsani, Caselaw Updates  

Todd Paskett v. Imation Corp. and Traveler’s Group, WCCA, Jan. 3, 2013, No. WC12-5494 This case involves a denial of a work injury because it occurred during a voluntary employer- sponsored recreational activity pursuant to Minn. Stat. § 176.021, subd. 9. That provision provides that injuries occurring at certain voluntary recreational activities that are sponsored by an employer, including wellness...

May v. Delta Air Lines, Inc.

December 27, 2012  |   By Kelly P. Falsani, Caselaw Updates  

May v. Delta Air Lines, Inc., No. WC12-5468 (W.C.C.A. Dec. 27, 2012). Affirmed. This case is interesting because it involved a repetitive use injury but the nature of the injury was a humerus fracture. The W.C.C.A. found that although it is unusual for repetitive activities to lead to an injury of that nature, substantial evidence supported the compensation judge’s finding that work activities caused...

Arbach v. Stevens Cnty. Ambulance Serv.

December 18, 2012  |   By Kelly P. Falsani, Caselaw Updates  

Arbach v. Stevens Cnty. Ambulance Serv., No. WC12-5459 (W.C.C.A. Dec. 18, 2012) This is an interesting case because the W.C.C.A. affirmed the compensation judge’ decision to deny the employees claim for temporary partial disability benefits after two low back injuries on 9/10/2008 and 11/16/2009, both of which were admitted injuries.  The employee worked as an EMT and a full-time training coordinator...

Garner v. Mobile Washer, et. al.

December 04, 2012  |   By Kelly P. Falsani, Caselaw Updates  

Garner v. Mobile Washer, et. al., No. WC12-5441 (W.C.C.A. Dec. 4, 2012) This case is very good for Employers and Insurers because it supports the case law that denies an employee temporary total benefits during a period of incarceration. The employee had an admitted right ankle injury and the employer and insurer paid for multiple surgeries and wage loss benefits prior to the employee being incarcerated...