Archive | By Lisa N. Truitt

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...

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,...

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...

Van Riper v. Interstate Packaging Inc.

September 25, 2015  |   By Lisa N. Truitt  

Van Riper v. Interstate Packaging Inc., Case No: WC14-5767 (June 26, 2015) The employee in this case worked for the employer as a manufacturer of corrugated board. During her employment with employer, she had previously sustained specific injuries to her ankle, thoracic spine, and right thumb. She testified that she had notified her employer each time she had a specific injury. From January through...

Gamble v. Twin Cities Concrete Prods.

September 25, 2015  |   By Lisa N. Truitt  

Gamble v. Twin Cities Concrete Prods., Case No: WC15-5800 (May 29, 2015) In the latest decision in the Gamble series, the WCCA addressed the issue of whether the compensation judge erred in ordering Lakeview to reimburse the self-insured employer for payment the employer made with respect to the employee’s unreasonable and unnecessary surgery. By way of review, the Minnesota Laborers Health &...

Bonilla v. Dakota Premium Foods

January 06, 2015  |   By Lisa N. Truitt, Caselaw Updates  

Bonilla v. Dakota Premium Foods and ACE USA/ESIS, Inc., Case No. WC14-5728 (January 6, 2015) This is a case in which the compensation judge denied the employee’s claims upon determining that she did not provide statutory notice to her employer of her claimed Gillette injury. While working for the employer, the employee reported two injuries prior to the injury at issue in this case. On March 1, 2000,...