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 […]
Minnesota Supreme Court Provides Clarification Regarding Genuine Claim Disputes and Attorney Fee Awards
Lagasse v. Horton, WC21-6412 (Minn. 2022) On November 30, 2022, the Minnesota Supreme Court published an important opinion in the world of Minnesota workers’ compensation. Lagasse v. Horton defined what constitutes a “genuine dispute” to trigger an award of contingency attorney’s fees; established that the standard to be applied in awarding subdivision 7 fees is […]