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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]