Archive | Nathan K. Miller

Hudson v. Trillium Staffing

November 12, 2018  |   Nathan K. Miller  

Hudson v. Trillium Staffing, WCCA No. WC17-6076 (October 25, 2018) Following the Minnesota Supreme Court’s June 2017 decision where they concluded that Dr. Ghelfi’s medical opinion and permanency rating lacked foundation because she did not include facts or data upon which her opinion was formed, not did the evidence in the record support her 75% rating.  A footnote indicated that there was nothing...

Plung v. TAG Aviation

September 11, 2018  |   Nathan K. Miller  

Plung v. TAG Aviation, WCCA August 14, 2018, No. WC18-6159 The parties reached an agreement regarding a 2007 work injury on September 25, 2017.  Minn. R. 1420.2050, Subp. 2 provides that a Stipulation must be filed within 45 days of the date the parties reached an agreement.  A stipulation status conference was scheduled for November 30, 2017.  The Employer and Insurer’s attorney provided the...

Armstrong v. Clyde Machines, Inc., et al.

March 12, 2018  |   Nathan K. Miller  

Armstrong v. Clyde Machines, Inc., et al, No. WC17-6044 The Employee, Wayne Armstrong, suffered a work-related injury on September 19, 2007 to his neck, right arm, and left leg.  He began receiving physical therapy that only provided temporary relief.  His employment ended with Clyde in 2010.  He has not worked since and has been receiving Social Security benefits. In the summer of 2009, the parties...

Logan v. New Horizon Acad.

August 14, 2017  |   Nathan K. Miller  

Logan v. New Horizon Acad., No. WC17-6031 (WCCA June 30, 2017) The Employee, Glenda A. Logan, sustained an admitted work injury to her left upper extremity.  She subsequently underwent a left bicep tendon repair surgery.  She incurred a number of medical bills and three weeks of lost time.  A medical request was filed seeking payment of the disputed medical expenses.  A tentative settlement was...

Holtslander v. Granite City Roofing

July 10, 2017  |   Nathan K. Miller  

Holtslander v. Granite City Roofing.  WCCA No. WC16-6009 (May 24, 2017). The Employee, David Holtslander, was a roofer for Granite City Roofing and was injured numerous times.  On August 11, 1997, he suffered an admitted injury to his right shoulder and right knee in a fall.  On January 7, 1998, he suffered an admitted injury to his cervical and lumbar spine, left shoulder, as well as burns.  The...

Titchenal v. Prairie River Home Care

May 30, 2017  |   Nathan K. Miller  

Titchenal v. Prairie River Home Care, WCCA No. WC16-6015 (May 18, 2017). On July 4, 2004, the Employee sustained a work-related injury to her shoulders and neck.  The Employer and Insurer admitted liability and paid benefits.  A MRI scan showed a C5-6 disc herniation and she subsequently underwent an anterior cervical discectomy and fusion at C5-6 on February 11, 2005.  She continued to have pain...

Fishback v. American Steel & Industry Supply

May 08, 2017  |   Nathan K. Miller  

Fishback v. American Steel & Industry Supply, WCCA No. WC16-5943 (April 17, 2017). American Steel & Industrial Supply and RTW Group filed an appeal on March 1, 2017.  The Statement of the Case filed with relators’ Petition for Writ of Certiorari to review the Workers’ Compensation Court of Appeals decision indicated that the transcript from the proceeding before the compensation judge...

Fisher v. Jim Lupient Auto Mall

April 10, 2017  |   Nathan K. Miller  

Fisher v. Jim Lupient Auto Mall, WCCA No. WC16-5976 (March 1, 2017) The Employee, Paul Fisher, sustained an admitted injury to his low back, working as an automobile repair technician, earning an average weekly wage of $1,387.90.  He then underwent extensive back surgery.  A functional capacities evaluation determined that he could not meet the physical demands of his service technician position...

Romens v. Ballet of the Dolls, Inc.,

February 10, 2017  |   Nathan K. Miller  

Romens v. Ballet of the Dolls, Inc., WCCA No. WC16-5952 (January 9, 2017) The Employee, Michael Romens, was the managing director at the Ballet of the Dolls.  Due to the recession, the theater was having trouble raising sufficient revenue for operation.  The theater had to make significant staffing cuts, the remaining managers had to take on a multitude of work duties, and work long hours.  After...