Minnesota Supreme Court Affirms Adoption of the “Increased Risk” Test

In a decision issued March 4, 2015, the MN Supreme Court demonstrated its commitment to the “increased risk” test it adopted late in 2013 in Dykhoff v. Xcel Energy.  In Arrowhead Senior Living Community v. Kainz, the MN Supreme Court again confirmed the “increased risk” test first enunciated in Dykhoff requires an employee to demonstrate “that her workplace ‘exposed her to a risk of injury that was increased over what she would have faced in her everyday life’ – in other words a ‘special hazard.’”

Read more here.

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