Part II: Post-Traumatic Stress Disorder in Minnesota Work Comp is an Occupational Disease, Not a Specific Mental Injury
This second article in a two-part series on Post-Traumatic Stress Disorder work comp claims examines how the courts should interpret PTSD claims in the context of the Minnesota Workers’ Compensation statute. The first article explained why the date of injury in work comp claims are crucial to the viability of many PTSD claims and illustrated the various […]
A Brief History Of The Animal Cruelty Standard In Minnesota
CONTENT: In this second article of a five-part series on animal cruelty, we will look at the history of animal cruelty laws in Minnesota. Early Standard Animal cruelty laws did not exist at common law; rather, such laws are statutory in nature. See Stephens v. State, 65 Miss. 329, 331, 3 So. 458, 459 (1888) […]
Part I: Post-Traumatic Stress Disorder in Minnesota Work Comp is an Occupational Disease, Not a Specific Mental Injury
Under the Minnesota Workers’ Compensation Act, in particular Minnesota Statute § 176.011, subdivision 15, Post-Traumatic Stress Disorder (“PTSD”) is defined as an occupational disease. Because PTSD is defined as an occupational disease, the date the employee became disabled is the date of injury, not a specific traumatic event(s). Employers’ and insurers’ reliance of the date of a traumatic […]
What Constitutes Justifiable Action under the Minnesota Animal Cruelty Statute?
The law in Minnesota regarding dog bites is favorable to dog bite victims. The law covers bites and other injuries, incorporates an expansive definition of “owner,” including someone who merely harbors or keeps the dog, and it is not subject to the comparative negligence defense. Related to the concept of dog bites, is that of animal cruelty, and you […]
I Separated from My Employer Because I was Approved for PERA, Am I Still Entitled to Work Comp Benefits?
Retirement is a bad word for injured workers in workers’ compensation. If an employee retires then he or she cuts him or herself off from access to many types of Minnesota workers’ compensation benefits. Retirement means that an employee is removing him or herself from the labor market. Employers and insurers often erroneously equate PERA Duty Disability benefits […]
What Types of Questions Should You Expect in a Deposition?
A deposition is an informal question and answer session that typically takes place outside of the courtroom at one of the attorneys’ offices. It is taken under oath and there is a court reporter present, who records everything that is said by both the person being deposed and the attorneys present. A deposition is used to gather […]
Subrogation in Third-Party Claims
When a third-party causes an employee’s injury and that injury arises out of the course and scope of the employment with the employer, then the employee may have a worker’s compensation claim as well as a civil claim arising out of the same incident that caused the employee’s injury. Under the Minnesota Worker’s Compensation Act, specifically Minnesota […]
