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 […]
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 […]
“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 […]
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 […]