Are injuries occurring to an employee, hired in Georgia, living in Georgia, while in Georgia, compensable if he or she receives work orders from Minnesota? Your gut instinct may be telling you, “no, of course not”, but the Minnesota Workers’ Compensation Court of Appeals (WCCA), just said “yes.” At, least, in the case of Hinkle […]
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 […]
CDC Guidelines Complement Minnesota Opioid Treatment Parameters
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.
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 […]
If a party fails to file their case within one year, do they have any recourse?
In Minnesota a lawsuit can be commenced by notifying the defendant. No immediate court filing is necessary. In Gams, the Minnesota Court of Appeals faced the question of whether the recent rule requiring the filing of a civil action within one year of commencement is absolute. Beginning July 1, 2014, the Minnesota Supreme Court, through […]