Minnesota Supreme Court Addresses Issue of “Double Recovery” of Short-Term Disability and Workers’ Compensation Benefits

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The Minnesota Supreme Court recently issued a decision that impacts an employee’s claim for temporary total disability (TTD) benefits under the Minnesota Workers’ Compensation Act and whether those benefits can be offset by benefits paid to the employee for the same period of disability under the employer’s self-funded, self-administered, short-term disability (STD) plan. Upholding the […]

Workers’ Compensation Update: Minnesota Supreme Court Addresses Idiopathic Injury Defense

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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

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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

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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

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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 […]