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 […]
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 […]
Flag on the Play! WCCA Calls a Foul on NFL Player’s Attempt to Circumvent the Work Comp. Rules
It often seems like professional athletes are above the law. Not so, however, when it comes to Workers’ Compensation. The Minnesota Workers’ Compensation Court of Appeals (WCCA) recently ruled, in Jenkins v. Minnesota Vikings that even NFL players must abide by the workers ’ compensation laws if they want to receive workers ’ compensation benefits. […]
Common Enterprise Means No Common Recovery in Workers’ Compensation Matters
The Minnesota Court of Appeals recently issued an unpublished decision confirming that employees are precluded from bringing a negligence claim against parties engaging in a “common enterprise” with their employer when the employee sustains a work-related injury arising out of and in the course and scope of their employment with that employer. In Schirmers vs. […]
