Category Archives: Workers’ Compensation

The Common Enterprise Defense is Alive and Well, But Still Not Without Limits

OLWK Attorneys Brian McSherry and Lance Meyer recently co-authored an article regarding the Minnesota Supreme Court’s decision in Kelly v. Kraemer Constr., Inc., in which the court broadly applied the common-enterprise defense after a twenty-year hiatus.  As discussed in a … Continue reading

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Minnesota Supreme Courts Issues Three Significant Decisions in Minnesota Workers’ Compensation Cases

Two Cases Address Applying the “Increased-Risk” Test for Determining Causation          The Minnesota Supreme Court issued two decisions on June 28, 2017, addressing “the increased-risk” test.  One provided some clarification on how far it will go in applying “the increased-risk” test, … Continue reading

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The Minnesota Supreme Court Scrutinizes the WCCA’s Vacation of a Stipulation for Settlement and Reverses

On June 7, 2017, the Minnesota Supreme Court reversed the Workers’ Compensation Court of Appeals’ (WCCA) vacation of an Award on Stipulation based on an unanticipated substantial change in medical condition.  Hudson v. Trillium Staffing.  The employee sustained an admitted … Continue reading

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Minnesota Supreme Court Solidifies Common-Enterprise Doctrine with Ruling in Favor of Third Party

This week, the Minnesota Supreme Court held in Kelly v. Kraemer Construction, Inc., A15-1751, that a general contractor hired to repair two bridges and the subcontractor it hired to assist with the project were engaged in a common enterprise for … Continue reading

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Summary of 2017 Amendments to the Minnesota Workers’ Compensation Act

On May 30, 2017, Minnesota Governor Mark Dayton signed legislation making several amendments to the Minnesota Workers’ Compensation Act (MWCA). The amendments cover diverse aspects of the MWCA, including: Payment of medical bills, including creating a new requirement that payers … Continue reading

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Minnesota Supreme Court Affirms WCCA’s Strict Reading of the Statutory Provisions Concerning Rehabilitation Plans and Job Offers

On May 3, 2017, the Minnesota Supreme Court affirmed the Minnesota Workers’ Compensation Court of Appeals’ (WCCA) decision reversing a discontinuance of TTD based on a refusal to accept a job offer from the date-of-injury employer.  The court held that … Continue reading

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Minnesota Supreme Court Reaffirms WCCA’s Limited Role On Appeal

On February 8 the Minnesota Supreme reversed the Minnesota Workers’ Compensation Court of Appeals decision to award benefits in a head injury claim and held the WCCA (1) erred when it ruled on an issue not raised on appeal; (2) … Continue reading

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Supreme Court rules workers’ compensation settlement may close out not only the workers’ compensation injury, but also conditions and complications arising out of the injury, even if the settlement does not specifically reference the condition or complication.

In Virgenia M. Ryan v. Potlatch Corporation and Self-Insured/Comp Cost, Inc., — N.W.2d — (Minn. July 13, 2016), Virgenia M. Ryan sustained a back injury arising out of and in the course of her employment, and agreed to a “full, … Continue reading

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Minnesota Court of Appeals rules human resources complaint process is a “dispute resolution process” for purposes of tolling the Minnesota Human Rights Act’s one-year statute of limitations under Minn. Stat. § 363A.28, subd. 3.

In Peterson v. City of Minneapolis, — N.W.2d — (Minn. Ct. App. May 2, 2016), A15-1711, the Minnesota Court of Appeals found that, 1) the plain language of the Act is not exclusive with regard to dispute resolution processes that start … Continue reading

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FOR WANT OF A BOND, AN APPEAL WAS LOST – Minnesota Supreme Court Rejects Appeal from Employer/Insurer Because They Failed to Serve a Cost Bond as Required By Statute

In Dennis v. Salvation Army, slip op., (W.C.C.A. April 8, 2015), the Workers’ Compensation Court of Appeals (WCCA) considered whether an employee sustained an injury arising out of and in the course of his employment.  Dennis, while taking a paid … Continue reading

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