Homeowners insurance policies are often filled to the brim with any number of exceptions and exclusions, often depending on the underlying cause of damage. But what if there are multiple causes? Not surprisingly, coverage decisions often go beyond black and white. Take for example, a case involving a lightning strike that caused the collapse of […]
Minnesota Supreme Court Addresses Issue of “Double Recovery” of Short-Term Disability and Workers’ Compensation Benefits
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 […]
Handling Claims with Out-of-State Injuries
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.
