The Minnesota Supreme Court recently clarified when an employer may assert a workers’ compensation medical treatment parameters defense to a claim for medical benefits. The Court concluded the ban on applying the treatment parameters applies only when an employer...
The Minnesota Supreme Court held that the exclusivity provision of the Minnesota Workers’ Compensation Act does not bar claims for disability discrimination brought under the Minnesota Human Rights Act. In Keith Daniel v. City of Minneapolis, Daniel, a firefighter...
The Minnesota Supreme Court affirmed a decision of the Workers’ Compensation Court of Appeals and held that an employee’s claim for temporary total disability benefits cannot be offset by benefits paid for the same period of disability under the...
The Minnesota Supreme Court recently affirmed, without opinion, a decision of the Workers’ Compensation Court of Appeals in which the WCCA concluded an employee’s fall while descending a flight of stairs was compensable because the stairs themselves presented an...
The Minnesota Supreme Court recognized that an award of reasonable fees should adequately compensate the employee’s attorney for the representation provided, recognizing the attorney’s obligation to be appropriately prepared to address alternative theories. Hufnagel filed a workers’ compensation claim...
The Minnesota Workers’ Compensation Court of Appeals recently reversed a compensation judge’s determination that an employer and insurer were entitled to offset temporary total disability benefits by the short-term disability benefits paid to the employee. In Claude Bruton v....
Attorneys Cynthia Thurston and Scott Stoneking participated in this innovative workers’ compensation conference held annually in Chicago. The CLM Business Insurance Workers Compensation Conference brings together industry leaders from risk management, insurance, and litigation specialists. Cynthia and Scott attended sessions...
The Minnesota Senate and the Minnesota House passed a workers’ compensation bill unanimously in both chambers. The bill was signed by Governor Dayton on May 20, 2018. The new law imposes considerable changes into the Minnesota workers’ compensation system. ...
In Anthony Gist v. Atlas Staffing, Inc. and Meadowbrook Claim Services and Fresenius Medical Care, Respondent Gist was diagnosed with kidney failure after his job with Atlas exposed him to silica, a known cause of kidney failure. Gist sought...
Questionable workers’ compensation claims are on the rise, with fraud, preexisting conditions, and fake illnesses listed as the top reasons for false filings. Businesses want to be sensitive to employee injuries and illnesses, but they also must protect their...