Minnesota Supreme Court Finds Prior Judicial Denial of Medical Device Does Not Bar Employee’s New Claims Related to Device Which Accrued After First Court Decision

Remands Case to Compensation Judge for Additional Findings

On July 22nd, the Supreme Court of Minnesota determined res judicata does not bar a claim for payment of medical expenses incurred to treat a work-related injury if the right to seek reimbursement for those expenses had not arisen at the time of the previously denied claim. Mach v. Wells Concrete Co. and CCMSI, A14-2065 (July 22, 2015). Furthermore, the doctrine of collateral estoppel does not bar the claim for medical expenses if the facts establish that the employee’s condition had changed since the time of the previously denied claim.  Read more here.

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