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’ […]
Age 67 Retirement Discontinuance of Permanent Total Disability an “Automatic Process”
When an employee is receiving weekly permanent total disability benefits and reaches ages 67, an employer and insurer are entitled to automatically discontinue weekly benefits without filing a petition pursuant to Minn. Stat. § 176. 101, subd. 4. In, Buley v. Polaris Industries, No. WC16-6012, (W.C.C.A. Jan. 23, 2017) the Minnesota Workers’ Compensation Court of […]
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 […]
Could a Laser Tag Injury be Compensable Under Work Comp?
In Shire, the Court addressed two issues related to the exception contained in Minn. Stat. § 176.021, subd. 9, a provision providing employers with protection for injuries that occur at work-sponsored recreational events. The exception, in sum, provides that injuries occurring during “voluntary recreational programs” are not covered because they “do not arise out of […]
