The attorneys of Lynn, Scharfenberg & Hollick compiled a win/loss record of almost 80% (15-4) in 2021 for hearings at the Office of Administrative Hearings in St. Paul, Minnesota.

In terms of workers’ compensation case law, the legal team saw some significant cases come down from the Minnesota Supreme Court in 2021. The Musta v. Mendota Heights Dental Center and the Bierbach v. Digger’s Polaris decisions that came down in October found that insurers do not have to reimburse for medical cannabis. The attorneys representing the injured workers in these cases have appealed the decisions to the United States Supreme Court and the court is looking at these cases. It is LSH attorneys’ understanding that they have invited the Biden administration to submit a brief on the issue. Stay tuned to future issues of the Agent Agenda for updates on these cases.

In another important decision, the Minnesota Supreme Court provided clarification to the “rare exceptions” rule provided for in the Minnesota Treatment Parameters. In two separate cases, Leuthard v. Independent School District 912 (April 2021) and Johnson v. Darchucks decision (August 2021) the court provided necessary guidance as to when a rare exception will be allowed. In the Leuthard v. Independent School District 912 decision, the Court stated that the employee must raise the rare exception at the hearing and present evidence as to why a rare exception should be granted.

The Court then went further in the Johnson v. Darchucks decision finding that the rare exception is reserved for “exceptional circumstances” that the drafters of the parameters did not anticipate. The injured worker must establish justification as to why the treatment parameters are not being followed.

These are all important decisions as we continue to review and litigate issues associated with the treatment parameters.

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