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Workers Compensation - summary affirmanceIn Minnesota Supreme CourtA06-1195 Steven R. Turner, Relator, vs. EVTAC Mining, and CNA ClaimsPlus, Respondents; and Iron Range Rehab Center , and Orthopaedic Associates of Duluth , P.A., Intervenors. Workers' Compensation Court of Appeals. Affirmed. Justice Paul H. Anderson. The decision affirmed can be found at http://www.workerscomp.state.mn.us/2006/Turner-05-25-06.htm ; the headnotes there state: PERMANENT TOTAL DISABILITY - SUBSTANTIAL EVIDENCE. Where the employee had worked for over twelve years following his work injury with essentially the same permanent restrictions, where the employee's own QRC clearly suggested that the employee's job search during the period at issue had been insufficiently diligent and expressly agreed that her labor market survey was very cursory, where there was no medical evidence that the employee could not work full time, where there was expert vocational opinion supportive of the conclusion that Amore than sporadic employment resulting in an insubstantial income@ was available to someone of the employee's physical condition, age, training, and experience, and where the employee's own attorney conceded that the job that the employee quit when he was awarded Social Security benefits could perhaps have been modified to better comport with the employee's restrictions, analysis of the case pursuant to the standard articulated in Schulte v. C. H. Peterson Construction, 278 Minn. 79, 153 N.W.2d 130, 24 W.C.D. 290 (1967), resulted in a conclusion that the compensation judge's award of permanent total disability benefits was clearly erroneous and unsupported by substantial evidence. |
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Michael E. Douglas, Attorney at Law, Saint Paul MN. All Rights
Reserved. Minnesota Lawyer representing Personal Injury, Car / Auto Accident, Workers Compensation, Medical Malpractice, Social Security Disability claims. Dedicated to Injured Workers, Victims of Negligence, Car Accidents, Victims of Fraud, and those in need of legal assistance. |
