MARY FARRELL, Employee/Appellant,
v.
ST. PAUL CAFE and GREAT AM. ALLIANCE INS., Employer-Insurer/Respondents
and
BLUE CROSS AND BLUE SHIELD OF MINN. AND BLUE PLUS and ALLINA MED. CLINIC, Intervenors.
No. WC19-6249
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
June 4, 2019
JURISDICTION
- NON-STATUTORY REHABILITATION. As disability case management
services are non-statutory rehabilitation services outside
the scope of the workers’ compensation act, the
workers’ compensation courts have no jurisdiction to
impose limitations on the right of an employer and insurer to
change the provider of disability case management services.
David
W. Blaeser, Woodbury, Minnesota, for the Appellant.
Joseph
G. Twomey, Hansen, Dordell, Bradt, Odlaug & Bradt,
P.L.L.P., St. Paul, Minnesota, for the Respondents.
Determined by: Sean M. Quinn, Judge, David A. Stofferahn,
Judge, Gary M. Hall, Judge
Compensation Judge: William J. Marshall
Vacated.
OPINION
SEAN
M. QUINN, Judge.
The
employee appeals from a compensation judge’s findings
and order granting the employer and insurer’s request
to change case managers. We vacate the findings and order and
dismiss the employer and insurer’s rehabilitation
request.
BACKGROUND
The
employee, Mary Farrell, suffered an admitted work-related
injury on May 27, 2004, while working for the employer, St.
Paul Café. Over the course of the years since the date
of the injury, the employee has undergone numerous spinal
surgeries and as a result is permanently and totally disabled
(PTD). On April 1, 2016, a compensation judge signed an award
on stipulation approving a settlement whereby the employee
was declared PTD.[1]
Earlier,
on July 3, 2013, a compensation judge signed an award on
stipulation based upon a separate settlement, which closed
out vocational rehabilitation and retraining.
Subsequently,
the employer and insurer voluntarily began providing
disability case management services through nurse Michael...
