Workers' Compensation

Recent Posts

Minnesota: High Court Stresses Employee Must Prove Both “Arising out of” and “In the Course of” Employment to Establish Claim
Posted on 3 Jan 2014 by Larson's Spotlight

A deeply divided Supreme Court of Minnesota recently held that the plain language of Minn. Stat. § 176.021 requires the employee to demonstrate that the injury arises out of and in the course of the employment, that in order to establish a claim... Read More

Minnesota Supreme Court Explicitly Adopts "Increased Risk Test" as Basis for Determining Compensable Work Injuries
Posted on 2 Jan 2014 by Tom Atchison

On December 26, 2013, the Minnesota Supreme Court in Dykhoff v. Xcel Energy , 2013 Minn. LEXIS 777 (lexis.com) 2013 Minn. LEXIS 777 (Lexis Advance) (Dec. 26, 2013), adopted the “increased risk test” for determining compensable work injuries... Read More

Minnesota: Attorney Fee Statutory Formula Constitutionally Ok, In Spite of No Judicial Review of Award
Posted on 5 Dec 2014 by Larson's Spotlight

The Supreme Court of Minnesota held that the attorney fee statute applicable in workers’ compensation cases, Minn. Stat. § 176.081, subd. 1(a) (2012), does not violate the separation of powers by requiring employers and insurers to pay attorney... Read More

Minnesota: School District Not Entitled to Credit for Benefits Paid Via Government-Service Pension Plan
Posted on 22 Aug 2014 by Larson's Spotlight

An industrial arts teacher and volleyball coach, who was awarded PT disability benefits related to a work-related incident, is entitled to receive both the disability benefits paid pursuant to the workers’ compensation law and the benefits he was... Read More

Minnesota: Implicit Coercion Found Regarding Employee Recognition Event
Posted on 26 Feb 2016 by Larson's Spotlight

An employee-recognition event sponsored by the employer was not a “voluntary recreational program” within the meaning of Minn. Stat. § 176.021, subd. 9 (2014), when it took place during work hours and employees either had to attend the... Read More