ANGELA HAWLEY, Employee/Respondent,
v.
CITY OF BLAINE and LEAGUE OF MINN. CITIES, Employer-Insurer/Appellants.
No. WC19-6274
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
July 31, 2019
JURISDICTION
- SUBJECT MATTER. Where the employee had never sought or
received workers' compensation benefits, but had merely
completed a first report of injury, and the employer and
insurer had denied the alleged injury, a compensation judge
has no subject matter jurisdiction to consider a discovery
motion by the employer and insurer.
Ashley
N. Biermann, Meuser Law Office, P.A., Eden Prairie,
Minnesota, for the Respondent.
Thomas
L. Cummings and Joseph S. Koe, Jardine, Logan &
O'Brien, P.L.L.P., Lake Elmo, Minnesota, for the
Appellants.
Determined by: Patricia J. Milun, Chief Judge, Gary M. Hall,
Judge, Sean M. Quinn, Judge
Compensation Judge: Lisa B. Pearson
Affirmed.
OPINION
PATRICIA J. MILUN, Chief Judge.
The
employer and insurer appeal the compensation judge's
denial of their discovery motion for lack of subject matter
jurisdiction. We affirm.
BACKGROUND
On
August 29, 2018, the employee worked for the City of Blaine
as a police officer. On October 25, 2018, a First Report of
Injury was filed at the Department of Labor and Industry,
reporting an alleged August 29, 2018, work injury in the
nature of post-traumatic stress disorder (PTSD). Six days
later, a Notice of Insurer's Primary Liability
Determination was filed, denying liability for the claimed
work-related injury. No pleadings were filed by the employee.
On
January 24, 2019, the employer and insurer filed a motion to
compel seeking the employee's attendance at an
independent psychological evaluation (IPE) with a
psychologist of their choosing, and requesting that any
entitlement to workers' compensation benefits be
forfeited while the employee refused to comply with the
request for an evaluation.
The
employee filed a response to the motion, arguing the...
