Archive | By Sarah A. Bennett

Gamble v. Twin Cities Concrete Products

August 13, 2014  |   By Sarah A. Bennett, Caselaw Updates  

Gamble v. Twin Cities Concrete Products, Case No. A13-1409 (Minn. 2014). In this case, the Supreme Court of Minnesota held that when a medical provider has not been put on notice of its right to intervene, it is not entitled to automatic payment of unpaid charges unless it shows that the lack of notice resulted in prejudice. The employee claimed that as a result of a work-related low back injury, he...

House v. Heartland Homecare

January 28, 2013  |   By Sarah A. Bennett, Caselaw Updates  

House v. Heartland Homecare, WC12-5474 (W.C.C.A. Jan. 28, 2013) In this case, the W.C.C.A. affirmed the compensation judge’s findings that the Employee’s medical treatment was reasonable, necessary, and causally related to her specific work injury, and that the prescribed medications were both effective and cost effective. The W.C.C.A. also held that the compensation judge did not err when she wrote...

Gilbert v. Independent Sch. Dist. 615

January 23, 2013  |   By Sarah A. Bennett, Caselaw Updates  

Gilbert v. Independent Sch. Dist. 615, WC12-5481 (W.C.C.A. Jan. 23, 2013) In this case, the W.C.C.A. held that substantial evidence supported the compensation judge’s finding that the Employee was not in the course of his employment when he died. The Employee was a 38-year-old custodian. On the date of his death, his job duties were to shampoo a carpet and to secure the school by ensuring that no...

Miller v. Brambleberry Farm

January 15, 2013  |   By Sarah A. Bennett, Caselaw Updates  

Miller v. Brambleberry Farm, No. WC12-5464 (W.C.C.A. Jan. 15, 2013) The issue in this case was whether substantial evidence supported the compensation judge’s finding that the Employee’s work-related shoulder injuries were temporary aggravations of a preexisting condition and that these temporary aggravations did not substantially contribute to the Employee’s need for her bilateral shoulder surgeries....

Mohamed v. Viracon, Inc.

January 04, 2013  |   By Sarah A. Bennett, Caselaw Updates  

Mohamed v. Viracon, Inc., WC12-5479 (W.C.C.A. Jan. 4, 2013) The issues in this case were whether the Employee sustained any permanent partial disability as a result of his consequential psychological condition, the extent of any permanent injury and the appropriate Weber rating, and whether or not he was permanently and totally disabled. The W.C.C.A. affirmed the compensation judge. The Employee sustained...

Demarais v. United Parcel Servs., Inc.

January 03, 2013  |   By Sarah A. Bennett, Caselaw Updates  

Demarais v. United Parcel Servs., Inc., WC12-5465 (W.C.C.A. Jan. 3, 2013) The Employee settled his workers’ compensation case with the Employer and Insurer. The parties submitted a Stipulation for Settlement to the Office of Administrative Hearings, and an Award on Stipulation was then served and filed. The proof of service attached to the Award indicated that it was sent to all of the parties, including...

Majerus v. Rochester City Lines Co.

January 02, 2013  |   By Sarah A. Bennett, Caselaw Updates  

Majerus v. Rochester City Lines Co., WC12-5458 (W.C.C.A. Jan. 2, 2013) The main issue in this case was whether the compensation judge erred in admitting into evidence a reinstatement agreement between the employee and the employer. The employee, a bus driver with a history of low back problems, claimed he injured his low back on or about June 30, 2011 while wheeling a wheelchair-bound client into the...

Walsh v. K-Mart Corp.

November 19, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Walsh v. K-Mart Corp., No. WC12-5442 (W.C.C.A. Nov. 19, 2012). Affirmed.  The Supreme Court affirmed without opinion on August 22, 2013. The main issue in this case was whether a pneumonia-induced coughing spell that led to back pain constituted a superseding, intervening cause of the Employee’s back pain and disability, such that the original work-related back injury was no longer a substantial...

Watson v. Wil-Kil Pest Control

November 01, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Watson v. Wil-Kil Pest Control, No. WC12-5445 (W.C.C.A. Nov. 1, 2012). Affirmed. The employee had an admitted right foot and ankle injury in 2008, and the employer and insurer had paid for multiple surgeries. In the summer of 2011, an additional surgery was recommended. In June 2011, when the insurance representative found out the surgery was scheduled, her repeated requests for information about the...

Milbrat v. The Marketplace, Inc.

October 22, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Milbrat v. The Marketplace, Inc., No. WC12-5448 (W.C.C.A. Oct. 22, 2012). Affirmed in part and vacated in part. In this case the employee suffered an admitted work-related injury.  Over two years later, she was on her way from her treating doctor’s office to the pharmacy to fill her work injury-related prescriptions when she was injured in a car accident. The compensation judge found that the injury...

Cummings v. Kelly Servs.

October 17, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Cummings v. Kelly Servs., No. WC12-5447 (W.C.C.A. Oct. 17, 2012). Affirmed. After exiting her work building in downtown St. Paul, the employee crossed a public plaza and then fell as she was walking down some steps. The employee’s route across the public plaza and down the stairs did not expose her to an increased risk of injury in comparison with the general public. If this would have happened while...

Anderson v. Frontier Communications

August 10, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Anderson v. Frontier Communications, No. A11-0834 (Minn. Aug. 10, 2012). Reversed. This case was a departure from the employee-friendly notice case law. The employee worked for a cable company from 1987 until 2007.  His work activities included lifting up to 70 pounds, bending and stooping on a regular basis, and pulling and digging out cable.   The employee stated that one of the most physical...

Baldwin v. I.S.D. #877

April 10, 2012  |   By Sarah A. Bennett, Caselaw Updates  

Baldwin v. I.S.D. #877, No. WC11-5348 (W.C.C.A. April 10, 2012). Affirmed. The employer and insurer argued that the employee’s knee injury, which occurred when her knee buckled while she was walking down a hallway, was caused by her preexisting condition and her obesity, and did not arise out of her employment.  The compensation judge found that despite her history of knee problems and the fact...