An appellate court ruled that Wisconsin’s $750,000 cap on non-economic damages in medical malpractice claims is unconstitutional. This decision stemmed from a case in which a Wisconsin district court ruled that a woman, who lost all four limbs, should collect an award of $16.5 million to her and her husband that included compensation for pain […]
Workers’ Compensation Update: Minnesota Supreme Court Addresses Idiopathic Injury Defense
In much anticipated decisions, the Minnesota Supreme Court recently addressed the idiopathic injury defense in Hohlt v. University of Minnesota and Kubis v. Community Memorial Hospital Association. The Hohlt decision came out in favor of the employee while the Kubis decision was a defense victory. The idiopathic injury defense – injuries that are unique to the employee […]
Legislative Changes to Workers’ Compensation Statute
The Minnesota legislature adjourned and passed several changes to the workers’ compensation statute. The highlights include: Requiring insurers, hospitals, and healthcare clearing houses to designate a contact person to answer inquires related to the submission or payment of medical bills by November 1, 2017 (Minn. Stat. §176.135 subd. 9). Adjustments to the Medicare DRG program […]
The Importance of Reviewing Vocational Rehabilitation Plans
A recent decision of the Minnesota Supreme Court underscores the importance of reviewing and challenging the scope of vocational rehabilitation plans recommended by the vocational experts assigned to an injured worker’s file. In the May 3, 2017, decision of Gilbertson v. Williams Dingmann, et al, the Supreme Court affirmed a decision of the Minnesota Workers’ […]
Age 67 Retirement Discontinuance of Permanent Total Disability an “Automatic Process”
When an employee is receiving weekly permanent total disability benefits and reaches ages 67, an employer and insurer are entitled to automatically discontinue weekly benefits without filing a petition pursuant to Minn. Stat. § 176. 101, subd. 4. In, Buley v. Polaris Industries, No. WC16-6012, (W.C.C.A. Jan. 23, 2017) the Minnesota Workers’ Compensation Court of […]
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