MICHAEL A. BALMA, Employee/Appellant
v.
ANOKA-HENNEPIN INDEP. SCH. DIST. #11, SELF-INSURED/PREFERRED WORKS, INC., Employer,
and
MN DEP'T OF ECONOMIC SEC. and LEE MEMORIAL HOSP., Intervenors.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
May 6, 1999
HEADNOTES
PRACTICE
& PROCEDURE - DISMISSAL. The employee supplied
sufficient medical information to support a claim for a
specific work injury to the right shoulder on September 26,
1991, under Minn. Stat. § 176.291, subd. 5, and the
compensation judge erred in dismissing the employee's
claim petition. Although this court cannot tell whether
other medical evidence may support the employee's claim
of a Gillette injury to the right shoulder on
December 16, 1991, or his claim of a consequential
depression, the compensation judge exceeded his authority in
dismissing the employee's claim petition with
prejudice. See Minn. Stat. § 176.305, subd. 4. The
judge's order is, accordingly, reversed and the case
remanded for further proceedings.
Reversed
and remanded.
Determined by Johnson, J., Pederson, J., and Wilson, J.
Compensation Judge: James R. Otto
OPINION
THOMAS
L. JOHNSON, Judge
The
employee appeals from the compensation judge's order
dismissing his claim petition, with prejudice. We
reverse and remand the case for further proceedings.
BACKGROUND
The
employee, Michael A. Balma, was employed by Anoka-Hennepin
Independent School District #11, the employer, on September
26, 1991. The employer was self-insured for workers'
compensation liability with claims administered by Preferred
Works, Inc. On August 11, 1997, the employee, through
counsel, filed a claim petition alleging he sustained a right
shoulder injury and psychological injury on September 26,
1991 arising out of his employment. The employee claimed
entitlement to temporary total, temporary partial, and
permanent total disability benefits together with medical
expenses and rehabilitation benefits. Filed with the
claim petition were medical records and reports from Dr.
Abbott Kagan II, Dr. Mark E. Farmer and an MRI report dated
June 27, 1997. (Judgment Roll.) In its answer to
the claim petition, the employer denied the employee
sustained a personal injury arising out of his employment,
denied entitlement to workers' compensation benefits and
alleged the employee's claim petition failed to provide
adequate medical support for a psychological injury. The
employer further stated that an independent medical
examination was scheduled with Dr. Douglas Becker and the
employer reserved its right to schedule a
psychiatric/psychological examination of the employee.
On
October 14, 1997, the employee's original counsel filed a
Notice of Withdrawal of Counsel. By order filed November
25, 1997, the case was stricken from the trial calendar
pending completion of all necessary discovery. The...
