In 2015, the Minnesota Department of Labor and Industry (DOLI) promulgated treatment parameters dealing with long-term opioid analgesic use in the workers’ compensation context. Recently, the Centers for Disease Control (CDC) put forward its treatment guidelines on long-term non-cancer prescription of opioid analgesics. In the guidelines, there are 12 basic recommendations for the prescription of these drugs for non-cancer pain. A review of the purposes for the new guidelines and the recommendations themselves show that Minnesota’s treatment parameters were timely and appropriate.
Pending Decision Regarding Damages Cap for Medical Malpractice Claims in Wisconsin
A Wisconsin Circuit Court Judge made waves over a year ago, when he issued a Decision finding that Wisconsin’s cap on noneconomic damages in medical malpractice cases was unconstitutional as applied to the plaintiff in the case. By way of background, Wisconsin lawmakers previously passed legislation implementing a statutory cap limiting recovery for noneconomic damages […]
Vacating a Stipulation for Settlement: Improper Diagnosis
Minnesota employees, and to a lesser extent employers/insurers, currently have several options for vacating a workers’ compensation Award on Stipulation for Settlement. I was recently asked whether a misdiagnosis might pave the way for filing such a petition. The answer, like many in the legal realm, depends on the circumstances. However, based on the Minnesota […]
Could a Laser Tag Injury be Compensable Under Work Comp?
In Shire, the Court addressed two issues related to the exception contained in Minn. Stat. § 176.021, subd. 9, a provision providing employers with protection for injuries that occur at work-sponsored recreational events. The exception, in sum, provides that injuries occurring during “voluntary recreational programs” are not covered because they “do not arise out of […]
The Problem with DIY Estate Planning
A number of do-it-yourself options—including books, software and websites—allow you to generate a will or other estate planning documents for a fraction of the cost of hiring an attorney to prepare your will. While the upfront savings are enticing, there is no shortage of “horror stories” involving DIY wills and the resulting long-term emotional and […]