Navigating Complex Pain and Rehabilitation Claims: A Review of Nash v. Diocese of Duluth
The Minnesota Workers’ Compensation Court of Appeals (WCCA) recently decided the case of Nash v. Diocese of Duluth/St. Joseph’s Church and addressed two important issues: reasonableness and medical necessity of a dorsal root ganglion (DRG) implant trial and the continuation of vocational rehabilitation services for an injured employee who had returned to work, arguably in […]
An Interlocutory Order is not an Appealable Order
In a recent decision, Castillo v. Loma Bonita Supermercado, No. WC24-6590 (W.C.C.A. April 1, 2025), the Minnesota Workers’ Compensation Court of Appeals dismissed an appeal of an administrative judge’s Dismissal of a Request for Formal Hearing for lack of jurisdiction, as the order was an interim/temporary order and did not affect the merits of the […]
The Latest Minnesota Supreme Court Decision on Rebutting the Retirement Presumption
Simonson v. Douglas County, No. A24-1309 (Minn. Apr. 16, 2025) In reviewing this case, it is important to note that the 2016 version of Minn. Stat. § 176.101 was applicable for this particular date of injury. However, as of October 1, 2018, the statute was amended to set an irrebuttable retirement age of 72. The […]
Assessing Consequential Mental Health Claims
Some Minnesota workers’ compensation practitioners would say that it appears claims of consequential mental health injuries are on the rise. Cynics will say this is done to increase the value of a workers’ compensation claim. More trusting people will say it is due to increased access to mental health treatment and recognition of mental health […]
PTSD Claims post Peterson v. City of Minneapolis and the DSM-5-TR
In 2013, the Minnesota legislature amended the Workers’ Compensation Act to allow claims for post traumatic stress disorder (PTSD) as an occupational disease. Since that time, the Minnesota Workers’ Compensation Court of Appeals and the Minnesota Court of Appeals have frequently needed to address questions on PTSD and its compensability as a work injury. Last […]
Daniel Johnson v. Concrete Treatments, Inc. & Furniture & Things
CASE SUMMARY In this workers’ compensation case the Minnesota Supreme Court was tasked with determining two main issues: (1) Whether the compensation judge’s findings regarding the employee’s October 2018 injury were supported by the evidence; and (2) Whether the employee could assert a direct claim for unpaid medical bills from non-intervening medical providers when the […]
How Employers/Insurers Can Save $1 Million on In-Home Nursing Services
Exposures for nursing services provided by a family member can surpass $1 million over the life of the claim. A recent case from the Workers Compensation Court of Appeals, highlighted an important lesson for employers and insurers in handling claims that include family provided nursing services. The lesson being that obtaining an expert to opine […]
The Once in a Blue Moon Case: Excess Fees CAN Be Denied in Minnesota
In a perfect storm of facts meeting law, a recent Workers Compensation Court of Appeals decision, Jurgensen v. Dave Perkins Contracting, Inc. upheld an ALJ’s decision to deny requested excess attorneys’ fees. A decision which denied excess fee recovery was recently upheld, when a Judge determined that the statutory cap of recovery on a lump […]
Notice and Gillette Injuries
Minnesota Statute § 176.141 does not set forth a different notice requirement for a Gillette injury than for a specific injury. Over the years, the courts have clarified and interpreted notice as it pertains to Gillette injuries. In Schmidt v. Wal-Mart Stores, Inc., No. WC21-6437 (WCCA May 16, 2020), affirmed by the Supreme Court of […]
The Assault Exception
For an employee’s injury resulting from an attack at work to be compensable under the Workers’ Compensation Act, “an injury must arise out of the employment, must be in the course of the employment and must not come within the ‘assault exception.’ ” Foley v. Honeywell, Inc., 488 N.W.2d 268, 271 (Minn. 1992). Pursuant to Minn. […]