Archive | By Patricia M. Koth

Kuhnau v. Manpower, Inc.

February 17, 2015  |   By Patricia M. Koth  

Kuhnau v. Manpower, Inc., WC 14-5769, W.C.C.A. February 17, 2015 The employee’s attorney petitioned the Workers’ Compensation Court of Appeals for Roraff fees associated with time expended in representing the employee in a 2013 appeal.   The W.C.C.A. denied the request for additional fees on appeal because the Petition submitted by the employee’s attorney did not conform to the specific requirements...

Reding v. Kraft Foods

February 04, 2015  |   By Patricia M. Koth  

Reding v. Kraft Foods, A14-1436 On February 4, 2015, the Minnesota Supreme Court affirmed the WCCA without an opinion. In this case the employee sustained an admitted neck and back injury in 1999.  In 2004, the employee sustained a non-work injury while building a backyard swing set.  As a result of the 2004 injury, the employee’s fingers had to be amputated and he developed regional complex pain...

Labaw v. Pearson Auto Body

January 29, 2015  |   By Patricia M. Koth  

Labaw v. Pearson Auto Body, No. WC14-5752 (January 29, 2015) In this case, the employee appealed from a compensation judge’s findings and order which denied his request for ongoing TTD benefits from a 1983 injury.  At the time of injury, the employee worked at Pearson Auto Body, who was insured for workers’ compensation purposes by Federated Mutual Group. The employee’s Claim Petition listed...

Johnson v. Univ. Good Samaritan

January 22, 2015  |   By Patricia M. Koth  

Johnson v. UniWC14-5760v. Good Samaritan, W.C.C.A. (January 22, 2015)  The employee claimed he sustained a work related low back injury while working for University Good Samaritan in June 2003.  The employee was represented by an attorney, and after mediation entered into a Stipulation for Settlement with the employer and insurer.  An Award on Stipulation was issued on October 18, 2004. The employee...

David v. Bartel Enterprises

November 26, 2014  |   By Patricia M. Koth  

David v. Bartel Enterprises, 856 N.W.2d 271 (Minn. 2014). On November 26, 2014, the Minnesota Supreme Court issued a decision regarding attorney’s fees for worker’s compensation cases in David v. Bartel Enterprises, 856 N.W.2d 271 (Minn. 2014). In this case, the employee sustained a low back injury and received significant medical treatment.  As part of the settlement, the employer and insurer...

Christopher C. Roskos by Mark Roskos v. Bauer Electric

September 23, 2014  |   By Patricia M. Koth  

Christopher C. Roskos by Mark Roskos v. Bauer Electric, No. WC14-5699 (September 23, 2014) This matter is on appeal to the Minnesota Supreme Court.  We will provide an update to this posting when a decision is published. In this case, the employee was involved in an accident while working for Bauer Electric.  The injury was accepted and Bauer and its workers’ compensation insurer, Federated, paid...

Meyer v. Wal-Mart Stores, Inc.

July 10, 2014  |   By Patricia M. Koth  

Meyer v. Wal-Mart Stores, Inc., No. WC14-5675 (July 10, 2014) The employee injured her right hand and both wrists during her employment with Wal-Mart.  The employer and insurer paid permanent partial disability.  Later, she filed a claim petition alleging she was totally and permanently disabled as a result of the same injuries. Following a hearing, a compensation judge determined the employee did...

Frederick v. Divine Home Care, Inc. and United Wis. Ins. Co./United Heartland

July 01, 2014  |   By Patricia M. Koth  

Frederick v. Divine Home Care, Inc. and United Wis. Ins. Co./United Heartland, No. WC13-5654 (July 1, 2014) The employee allegedly sustained a bilateral wrist injury while working as a home health care attendant.  She received temporary total disability benefits for several months following the alleged injury. Despite substantial medical treatment, her subjective complaints did not correlate with...

Nugent v. Seven Clans Casino

June 17, 2014  |   By Patricia M. Koth  

Nugent v. Seven Clans Casino, No. WC13-5649 (June 17, 2014) The employee brought suit after allegedly sustaining an injury while employed by Seven Clans Casino, which is wholly owned and operated by the Red Lake Band of Chippewa Indians, a federally recognized Indian tribe.  The employee was not a tribe member and the tribe had established a Tribal Workers’ Compensation Plan as the sole remedy for...

Sanden v. Northern Contours and RTW, Inc. and the Work Connection

May 13, 2014  |   By Patricia M. Koth  

Sanden v. Northern Contours and RTW, Inc. and the Work Connection, No. WC13-5631 (May 13, 2014) The employee had a neck injury in 1996 with Northern Contours.  Subsequently, she had a low back injury in 2007 with The Work Connection, which eventually required a fusion surgery performed by Dr. Sunny Kim. Following the surgery, she was able to work in a light duty position, but by 2011 her condition...

Noble v. St. Paul Arena Co., LLC and SFM

April 29, 2014  |   By Patricia M. Koth  

Noble v. St. Paul Arena Co., LLC and SFM, No. WC13-5656 (April 29, 2014) The employer and insurer appealed from the compensation judge’s decision that the employee was entitled to temporary partial disability benefits and that the proposed surgery was reasonable and necessary. The employee was a part-time worker for the St. Paul Arena Company earning $23 an hour.  He also worked part-time at Macaroni...

Sumner v. Jim Lupient Infiniti and SFM Risk Solutions

April 03, 2014  |   By Patricia M. Koth  

Sumner v. Jim Lupient Infiniti and SFM Risk Solutions, WC13-5639 (April 3, 2014) This case is currently on appeal from the Workers’ Compensation Court of Appeals to the Minnesota Supreme Court. The employee, an internet sales director for Jim Lupient Infiniti, allegedly slipped and fell on the employer’s premises, striking her head, left elbow and back. The employer and insurer denied primary liability. ...

Schuette v. City of Hutchinson, Self-Insured/Berkley Risk Administrators Company, LLC.

March 05, 2014  |   By Patricia M. Koth, Caselaw Updates  

Schuette v. City of Hutchinson, Self-Insured/Berkley Risk Administrators Company, LLC., 843 N.W.2d 233 (Minn. 2014) The Minnesota Supreme Court decided this post-traumatic stress disorder (PTSD) case on March 5, 2014. In Schuette, the employee, a police officer for the City of Hutchinson, responded to an accident at the local high school.  He administered CPR on a girl who had fallen out of the back...

Rasmussen v. Imperial Plastics, Inc. and State Fund Mut. Ins. Co.

February 04, 2014  |   By Patricia M. Koth, Caselaw Updates  

Rasmussen v. Imperial Plastics, Inc. and State Fund Mut. Ins. Co., No. WC13-5616 (February 4, 2014) The WCCA affirmed a compensation judge’s determination that the employee’s testimony alleging a work-related injury was not credible. In April 2009, the employee first sought medical treatment for his low back.  The medical record indicates there was no specific injury and the pain “just came...

Lehto v. Community Mem’l Hosp. and Arrowpoint Capital Group

January 28, 2014  |   By Patricia M. Koth, Caselaw Updates  

Lehto v. Community Mem’l Hosp. and Arrowpoint Capital Group, No. WC13-5629 (January 28, 2014) The WCCA affirmed a compensation judge’s decision that prescription medication was not reasonable or related to the employee’s low back injury from October 2001. The employee in this case received substantial treatment, including surgeries, for her low back injury but her symptoms continued and her condition...

Cayo v. Precision Inc. and SFM Mutual Ins. Co.

January 03, 2014  |   By Patricia M. Koth, Caselaw Updates  

Cayo v. Precision Inc. and SFM Mutual Ins. Co., No. WC13-5586 (January 3, 2014)  In this case, the employee sustained a significant work-related low back injury in January 1997.  She underwent surgery, but was never pain free following the incident.  She sought treatment on a number of occasions over the years, and medical records from several providers indicate the employee had chronic low back...

Kuhnau v. Manpower, Inc. and CAN Ins. Cos.

December 16, 2013  |   By Patricia M. Koth, Caselaw Updates  

Kuhnau v. Manpower, Inc. and CAN Ins. Cos., No. WC13-5592 (December 16, 2013)  In Minnesota, an employer has a responsibility to provide medical treatment that is reasonable and necessary to care and relieve the employee from the effects of a work injury.  Minn. Stat. § 176.135.  This includes providing whatever transportation assistance is reasonably required to allow the employee to obtain proper...

Bell v. State, Dep’t of Transp. (self-insured)

October 30, 2013  |   By Patricia M. Koth, Caselaw Updates  

Bell v. State, Dep’t of Transp. (self-insured), No. WC13-5579 (W.C.C.A. Oct. 30, 2013) The W.C.C.A affirmed a compensation judge’s decision to deny additional penalties under Minn. Stat. § 176.225 for failure to pay permanent partial disability benefits where the employer/insurer had good faith defenses. In March 2010, the employee sustained traumatic injuries to multiple body parts while working...

Donald D. David v. Bartel Enterprises (Nitro Green) and SFM Mut. Ins. Co.

October 23, 2013  |   By Patricia M. Koth, Caselaw Updates  

Donald D. David v. Bartel Enterprises (Nitro Green) and SFM Mut. Ins. Co., No. WC13-5567 (W.C.C.A. Oct. 23, 2013) The employer and insurer unsuccessfully appealed a $13,000 attorney fee award under Roraff and Irwin. If an attorney obtains medical benefits for a claimant, he is entitled to statutory fees.  An attorney can claim 25 percent of the first $4,000 and 20 percent of the next $60,000.  Minn....

Weisman v. Tierney Broths. Constr. and Auto-Owners Ins. Group

October 18, 2013  |   By Patricia M. Koth, Caselaw Updates  

Weisman v. Tierney Broths. Constr. and Auto-Owners Ins. Group, No. WC13-5583 (W.C.C.A. Oct. 18, 2013) The W.C.C.A. affirmed a compensation judge’s ruling that the injuries an employee sustained during a rescue attempt were compensable because they arose out of and in the course of his employment. The employee worked for the employer as a storm damage estimator.  He inspected roofs for storm damage...