Gist v. Atlas Staffing Inc.

Apr 04, 2018

OUTCOME: Victory before the Minnesota Supreme Court!

The employee was diagnosed with kidney failure, resulting from exposure to silica sand at work. The insurer denied liability for the claim, stating that the silica sand exposure was not significant eno ... ugh to cause kidney failure, and the employee had other, non work related problems, that were more likely to cause kidney failure, such as: smoking, high blood pressure, and diabetes. The employee prevailed at hearing. The Insurer appealed all the way to the Minnesota Supreme Court, where ultimately the employee prevailed.

$300,000-Stroke-Work Related

May 28, 2014

OUTCOME: Settlement

Woman in her mid-50's having surgery for a work related wrist fracture and has a stroke. The Clients ability to speak and communicate was seriously limited following the stroke. We were able to get her ... a settlement in excess of $300,000.00.

Larson v. Five County Mental Health

Jul 26, 2013

OUTCOME: Win

Hodgin vs. Xcel Energy

Apr 05, 2010

OUTCOME: Win

The compensation judge’s determination that the employee, who was medically restricted from driving, reasonably refused the employer’s job offer due to lack of reasonable transportation alternatives, a ... nd her consequent denial of the employer’s request to discontinue temporary total disability benefits, were not manifestly contrary to the evidence. Where the care provided to the employee was not provided by a family member, the four-factor test of Ross v. Northern States Power Co., 442 N.W.2d 296, 42 W.C.D. 7 (Minn. 1989) does not apply. Substantial evidence supports the compensation judge’s determination that home health aide services provided to the employee following his rotator cuff surgery were “nursing” services and were compensable. Where there was no evidence that rehabilitation services were delayed, the QRC’s failure to timely file the employee’s rehabilitation plan does not require a change of QRC. The compensation judge did not unreasonably conclude the QRC’s failure to thoroughly explore all public transportation alternatives did not rise to a level of conduct that justified replacing her as the employee’s QRC.