Archive | By William R. Moody

Cruz v. Express Employment Prof’ls

June 30, 2017  |   By William R. Moody  

Cruz v. Express Employment Prof’ls, WCCA No. WC16-6011 (March 24, 2017) The W.C.C.A. affirms the Compensation Judge’s finding that the Employee failed to prove that he paid the $25.00 filing fee during his attempt to appeal and therefore the W.C.C.A. has no jurisdiction to hear the Employee’s appeal. The Employee, who was not represented by a lawyer, claimed to have sustained an allergic reaction...

Cochran v. Target Stores,

June 30, 2017  |   By William R. Moody  

Cochran v. Target Stores, No. WC16-6013 (June 5, 2017). The Employee was in the process of standing up, when his head hit the underside of a countertop, resulting in a laceration on his head, followed by severe headache, and some confusion but no loss of consciousness.  The claim was admitted and he subsequently was taken off work. He also underwent extensive treatment at HCMC TBI Clinic and other...

Daniel M. Ansello v. Wis. Central, Ltd.

March 13, 2017  |   By William R. Moody  

Daniel M. Ansello v. Wis. Central, Ltd., No. WC16-5949 (W.C.C.A. Feb. 10, 2017) The Employee appealed the Compensation Judge’s Order which dismissed his claims under the Minnesota Workers Compensation Act (MWCA), under the grounds that relief should be sought under the federal Longshore and Harbor Workers Compensation Act (LHWCA). The Employee suffered an admitted injury while working at the Duluth...

Gianotti v. Independent School District 152, A16-0629 (Minn.)

February 09, 2017  |   By William R. Moody  

Gianotti v. Independent School District 152, A16-0629 (Minn.) Feb. 8, 2017 The Employee, a school bus monitor, sustained an injury after falling forward and hitting her head and left upper extremity. The Employer and Insurer admitted an injury and paid benefits. Subsequently, the Employee claimed to be suffering from post-concussive syndrome. Benefits were denied after the Employer and Insurer acquired...

Reiners v. Hospice of the Twin Cities

July 29, 2016  |   By William R. Moody  

Reiners v. Hospice of the Twin Cities, WCCA No. WC15-5872 (April 28, 2016) The employee suffered an admitted low back injury on April 16, 2010. A subsequent MRI confirmed an L5-S1 extruded disc herniation, which later was surgically corrected with an L5-S1 disc replacement. Unfortunately, the Employee continued to experience chronic pain following the surgery. To address her chronic pain, the Employee...

Killian v. State Department of Transportation,

January 11, 2016  |   By William R. Moody  

Killian v. State Department of Transportation, No. WC15-5819 (January 11, 2016) Self-Insured Employer appeals the findings that the Employee’s pain clinic treatment and medication were reasonable and necessary, arguing that the Compensation Judge did not specifically address a treatment parameter defense raised at trial. The Employee suffered a work related injury on August 19, 2009, subsequently...

Karstad v. Myles Lorentz, Inc.

May 20, 2015  |   By William R. Moody  

Karstad v. Myles Lorentz, Inc., No. WC14-5775 (May 20, 2015) This matter concerned an appeal of the compensation judge’s determination that the employee’s injury occurred outside the course and scope of his employment. The employee, a truck driver, was laid off at the end the season on October 5, 2012. He anticipated that he may get called back for some temporary work that fall and may be rehired...

Rodriguez v. Peavy / ConAgra

March 16, 2015  |   By William R. Moody  

Rodriguez v. Peavy / ConAgra, No. WC14-5743 (March 16, 2015) This matter concerns the employee’s petition to vacate an Award on Stipulation dated September 11, 1992. Specifically, the WCCA was asked whether there had been a substantial and unanticipated change in the employee’s condition following the Award. The employee suffered a left knee injury on September 11, 1990. The employee also claimed...

Willy v. Northwest Airlines Corp.

December 03, 2014  |   By William R. Moody, Caselaw Updates  

Willy v. Northwest Airlines Corp., No. WC14-5709 (December 3, 2014) In Willy the employee appealed the compensation judge’s findings that her request for medical mileage reimbursement was unreasonable. Ms. Willy injured her left knee on April 22, 1997 and subsequently began treating for chronic pain, depression and her orthopedic condition in the Twin Cities metro area.  At the time of the injury,...

Mach v. Wells Concrete Prods. Co.

November 04, 2014  |   By William R. Moody, Caselaw Updates  

Mach v. Wells Concrete Prods. Co., No. WC14-5710 (Nov. 4, 2014) In Mach, the employee appealed the compensation judge’s Order dismissing his  Medical Request. The employee suffered a left leg injury at work on August 6, 2008, which was admitted by the employer and insurer.  He later alleged to have developed RSD as a result of this admitted injury and filed a Claim Petition seeking the surgical...

Dahlheimer v. Qwest Corp.

September 02, 2014  |   By William R. Moody, Caselaw Updates  

Dahlheimer v. Qwest Corp., No. WC14-5696 (September 2, 2014) In Dahlheimer, employer and insurer appeal the compensation judge’s determination that the employee was entitled to a rehabilitation consultation. The employee worked for Qwest as an installation tech and subsequently sustained a low back injury on July 25, 2005.  He underwent surgery, received PPD benefits, and returned to full duty...

Hellgren v. St. Mary’s Med. Ctr.

July 09, 2014  |   By William R. Moody, Caselaw Updates  

Hellgren v. St. Mary’s Med. Ctr., No. WC14-5672 (July 9, 2014) Self-insured employer appealed compensation judge’s findings regarding the effective date of permanent total disability benefits, among other issues. The Employee was a food service worker who contended that over the course of her 27 year employment she acquired low back pain, right hip pain, knee pain, and an Achilles tendon injury. ...

Orth v. ABF Freight Sys., Inc.

June 18, 2014  |   By William R. Moody, Caselaw Updates  

Orth v. ABF Freight Sys., Inc., No. WC14-5662 (June 18, 2014).    The employee alleged to have suffered a knee injury while operating a forklift on August 23, 2013.  The employee testified that he notified his supervisor that same day of the injury.  On September 27th, the employee saw his family physician regarding several weeks of knee pain.   On October 5th, the employee injured his knee once...

Jech Dehn v. Star Tribune

June 17, 2014  |   By William R. Moody, Caselaw Updates  

Jech Dehn v. Star Tribune, No. WC 14-5591 (June 17, 2014). The employee’s petition to vacate award on stipulation was granted by the WCCA, based on a substantial change in the employee’s medical condition. The employee sustained an admitted injury to her left hand and wrist while working for the employer on June 9, 1995. The employee was diagnosed with a triangular fibrocartilage complex...

Mude v. Fox Bros. of Sanborn

June 02, 2014  |   By William R. Moody, Caselaw Updates  

Mude v. Fox Bros. of Sanborn, No. WC 13-5650 (June 2, 2014)   In Mude, the WCCA found that an insurer who was not a party to the Stipulation for Settlement had not been prejudiced and had no standing to petition for vacation of the Award.   In January 2013, the employee filed a Claim Petition alleging a specific injury to his wrists in 2006, with SFM on the risk, and a Gillette injury culminating...

Corradi v. Mesabi Reg’l Med. Ctr.

May 19, 2014  |   By William R. Moody, Caselaw Updates  

Corradi v. Mesabi Reg’l Med. Ctr., No. WC 13-5598 (May 19, 2014) The Employee suffered an admitted Gillette injury to her low back culminating in November of 1987. A laminotomy and discectomy at the L3-4 level was performed a month later. The Employee’s immediate post-surgery recovery went well. She had an functional capacity evaluation which recommended permanent light duty restrictions....

Tomford v. Mark’s Welding, Inc.,

April 30, 2014  |   By William R. Moody, Caselaw Updates  

Tomford v. Mark’s Welding, Inc., No. WC13-5655 (April 30, 2014)    The WCCA held that the sacroiliac joint is not subject to the treatment parameters for the lumbar spine and that an employer and insurer’s request for appointment of a neutral physician is mandatory when made within two weeks of a renewed request for surgery.   The employee suffered a low back injury on June 2, 2005, which...

Vogt v. Westinghouse Electric

April 22, 2014  |   By William R. Moody, Caselaw Updates  

Vogt v. Westinghouse Electric, No. WC 13-5619 (April 22, 2014) In this multiparty action, the prior employer and insurer appeal the Compensation Judge’s apportionment between insurers, among other issues. The WCCA affirms all issues, finding substantial evidence under Hengemuhle to support the Compensation Judge’s findings. The Employee suffered multiple injuries over the course of a 34 year...

Dykhoff v. Xcel Energy

January 27, 2014  |   By William R. Moody, Caselaw Updates  

Dykhoff v. Xcel Energy, Minn. Sup. Ct, Case Number A12-2324 In Dykhoff, the Minnesota Supreme Court declared that “increased risk test” determines whether an injury arises out of employment. This case brings needed clarity to the confusing case law surrounding the issue by rejecting the less demanding “positional risk test” and the balancing test used in Bohlin v. St. Louis Cnty. Nopeming Nursing...

Hillstad v. Havenwood Care Ctr.

January 22, 2014  |   By William R. Moody, Caselaw Updates  

Hillstad v. Havenwood Care Ctr., No. WC 13-5617 (January 22, 2014)   In Hillstad, the WCCA reversed a partial reduction of prescription expenses when the Compensation Judge failed to provide a clear rationale for the reduction.   The employee sustained a low back injury while working for Havenwood Care Center.  The employee was recommended by her treating physician to undergo a microdiscectomy...