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 […]
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’ […]
The Ramifications of Dykhoff
It’s that time of year . . . when we look back on this year and look forward to the year ahead. It’s that time of year . . . when we can’t help but write about the two cases from 2016 that will shed more insight onto the Minnesota Supreme Court’s previous Dykhoff ruling […]
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 […]
You Take Them as you Get Them: Workers’ Compensation Considerations for Employers
Does any injury arise out of employment in Minnesota simply because an employee has pain at work? The answer is – it depends. Minnesota Workers’ Compensation law recognizes that employers take their employees as they get them. This means, employers must recognize that not every employee arrives in perfect physical condition with no prior injuries […]
