JASON R. DANIELSON, Employee/Appellant,
v.
WAL-MART STORES, INC., SELF-INSURED/CLAIMS MGMT. & CONSULTING, INC., Employer/Respondent,
and
MEDSPEED, LLC, and ACCIDENT FUND GROUP, Employer-Insurer/Respondents,
and
ST. LUKE'S CLINICS, MEDICA HEALTH PLANS, MINN. DEP'T OF LABOR & INDUS./VRU, and ST. LUKE'S HOSP. & REG'L TRAUMA CTR., Intervenors.
No. WC19-6256
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
August 29, 2019
APPEALS
- RECORD. Where the compensation judge made only one finding
on the ultimate issue on appeal and failed to make findings
regarding essential elements of the application of Minn.
Stat. § 176.101, subd. 1(i), and where the record on
appeal was incomplete, precluding meaningful appellate
review, we vacate and remand for reconsideration.
Robert
C. Falsani and Jennifer A. McEwen, Falsani, Balmer, Peterson
& Balmer, Duluth, Minnesota, for the Appellant.
Gregory R. Broos and Erica A. Weber, Brown & Carlson,
P.A., Minneapolis, Minnesota, for self-insured Respondent
Wal-Mart Stores, Inc., admin’d by Claims Mgmt. &
Consulting, Inc. Jerome D. Feriancek, Thibodeau, Johnson
& Feriancek, Duluth, Minnesota, for Respondents MedSpeed,
LLC, and Accident Fund Group.
Determined by: Patricia J. Milun, Chief Judge, David A.
Stofferahn, Judge, Deborah K. Sundquist, Judge,
Compensation Judge: Jerome G. Arnold
Vacated
in part and remanded in part.
OPINION
PATRICIA J. MILUN, Chief Judge.
The
employee appeals the compensation judge’s denial of his
claim for temporary total disability benefits. We vacate and
remand for further proceedings consistent with this opinion.
BACKGROUND
The
employee, Jason Danielson, sustained two admitted
work-related injuries to his low back. He suffered a back
injury on November 20, 2010, while working for the
self-insured employer, Wal-Mart. Wal-Mart admitted liability
for the injury and benefits were paid. The employee had no
ongoing restrictions from the admitted work injury. On
September 27, 2016, while working for the employer, MedSpeed...