News--Case Law and Legal Updates

News

Case Law and Legal Updates

Minnesota Supreme Court Issues Workers’ Compensation Decisions – Gilbertson v. Williams Dingmann

  • By Lauren N. Harvey

Shannon Gilbertson v. Williams Dingmann, LLC, Case No. A16-0895

In Shannon Gilbertson v. Williams Dingmann, LLC, Case No. A16-0895, the Minnesota Supreme Court looked at the issue of whether, under Minnesota Statute § 176.101, subdivision 1(i), an offer to return to work with the same employer was “consistent with” a plan of rehabilitation stating that the employee’s vocational goal was to return to work with a different employer in the same industry.

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Minnesota Supreme Court Issues Workers’ Compensation Decisions – Hudson v. Trillium

  • By Lauren N. Harvey

Eddie Hudson v. Trillium Staffing, Case No. A16-2017

In Eddie Hudson v. Trillium Staffing, Case No. A16-2017, Hudson was injured in the course of employment with Trillium Staffing when the semi-trailer truck he was driving jackknifed and veered into a ditch. He was treated for injuries to his neck and low back, a traumatic brain injury, and psychological injuries. The parties participated in a mediation, which resulted in a settlement of Hudson’s claimed neck, low-back, brain, psychological, and other injuries for which he claimed PPD.

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Minnesota Supreme Court to Determine Calculation of Bad Faith Damages

On January 3, 2017, the Minnesota Supreme Court heard oral arguments for John Wilbur v. State Farm Mutual Automobile Insurance Company, Case No. A15-1438. The Court looked at the issue of whether “proceeds awarded” in Minn. Stat. § 604.18, subd. 3(a)(1), means (a) the jury’s net award after collateral sources offsets, even when that amount exceeds the policy limit, or (b) the amount of insurance policy proceeds available to be awarded.

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No Coverage for Boulder Mudslide Loss

  • By McCollum Crowley Law

Paros Properties LLC v. Colorado Casualty Insurance Co., et al. — In its decision rendered August 29, 2016, the Tenth Circuit denied coverage for a million dollar commercial building loss caused by a mudslide.

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