Category: Insights

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. […]

Limiting Unnecessary Conditional Payment Disputes

Mandatory reporting to Medicare is now common practice with all workers’ compensation claims. As part of this reporting, the insurer must indicate whether it has “ongoing responsibility for medicals” or “ORM.” ORM is when the Responsible Reporting Entity (“RRE”), the insurer, assumes obligation to pay for medical benefits associated with a work injury. An ORM […]

Supreme Court Clarifies Benefits for PTSD/Occupational Injury Claims – A Right to Benefits End When the DSM-5 PTSD Criteria No Longer Apply

In a March 8, 2023 decision, the state Supreme Court clarified the right to workers’ compensation benefits for an occupational disease, mental impairment/Post Traumatic Stress Disorder (PTSD) claim. The Court confirmed that the right to benefits ends when the injured worker no longer meets the DSM-5 requirements for a PTSD diagnosis. In Chrz v. Mower […]

How a Recent Minnesota Supreme Court Changes PTSD Presumption Cases

In general, Employees bear the burden of proof to show that their injury is causally related to their work. The Minnesota legislature has carved out a presumption, however, in Minn. Stat. § 176.011, subd. 15 (e) relating to PTSD claims. This statute states that Employees in certain occupations are entitled to a rebuttable presumption that […]