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Hodgin vs. Xcel Energy

Case Conclusion Date: 04.05.2010

Practice Area: Workers compensation

Outcome: Win

Description: 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, and 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.

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