ROBERT M. DEXTER, Employee/Respondent,
v.
HUBBARD CNTY. DEV. ACHIEVEMENT CTR. and SFM MUT. INS. CO., Employer-Insurer/Appellants,
and
ESSENTIA HEALTH - DULUTH CLINIC, MINN. DEP'T OF LABOR & INDUS./VRU, SPINAL HEALTH PROF'LS, ST. JOSEPH'S AREA HEALTH SERVS., and MINN. DEP'T OF HUMAN SERVS., Intervenors.
No. WC19-6261
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
July 30, 2019
PRACTICE
& PROCEDURE - MATTERS AT ISSUE. Where the compensation
judge awarded benefits not claimed by the employee, and
ordered payment to an intervenor for bills already
acknowledged to have been paid, the compensation judge
improperly expanded the issues and the related awards must be
vacated.
Kristen M. Rodgers and James H. Perkett, Rodgers Law Office,
P.L.L.C, Bemidji, Minnesota, for the Respondent.
Steven
T. Scharfenberg, Lynn, Scharfenberg & Hollick,
Minneapolis, Minnesota, for the Appellant.
Determined by: Deborah K. Sundquist, Judge, Patricia J.
Milun, Chief Judge, Sean M. Quinn, Judge
Compensation Judge: Jerome G. Arnold
Vacated
in part.
OPINION
DEBORAH K. SUNDQUIST, Judge.
The
employer and insurer appeal the compensation judge's
award of permanent partial disability (PPD) benefits and
order for reimbursement of an intervenor. Because the
judge's award of PPD benefits improperly expanded the
issues as such benefits were neither claimed by the employee
nor supported by evidence in the record, and because the
employer and insurer were ordered to pay an intervention
interest that was paid in full per documentation submitted at
hearing, we vacate the Findings and Order in part as set
forth below.
BACKGROUND
Robert
Dexter, the employee, fell on both knees and hands on
concrete while working for Hubbard County Developmental
Achievement Center (DAC), the employer, on March 29, 2016.
Before the injury, the employee had a history of right knee
injuries and had already developed severe arthritis in his
right knee. He claimed that he tore the right lateral
meniscus as a result of the March 29, 2016, work injury. Due
to the employee's knee condition, total knee replacement
surgery (arthroplasty) was recommended.
The...
