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 […]
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’ […]
Medicare Advantage Recovers Double Damages in Federal Court
The 11th Circuit Court of Appeals recently affirmed a decision from the United States District Court for the Southern District of Florida, holding that the Medicare Secondary Player (MSP) permitted the insurance carrier, Medicare, as Medicare Advantage Organization (MAO), to bring a private cause of action against the tortfeasor’s liability insurer seeking reimbursement for secondary […]
Anticipating the Cost-Shift for Medical Marijuana
Dr. Tom Arneson, research manager at the MDH, was interviewed after recent survey results relating to the Minnesota medical marijuana program were released. He highlighted the fact that most users of medical marijuana that were surveyed (approximately 250 out of 1400) indicated substantial benefits from the drug. Despite such positive subjective reporting, the issue of […]
“Dual Purpose Trip” Rule Applies to Doctor Visits on Day Off
In this case, the employee suffered admitted right upper extremity injuries in May of 2014. On June 26, 2014, he was on his day off. He left his residence and headed approximately 10 miles south to his ex-girlfriend’s parents’ home. After this stop, the employee proceeded approximately 10 miles north to his doctor. One block […]
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