Larson v. Viking Automatic Sprinkler, 071519 MNWC, WC18-6221

Case DateJuly 15, 2019
CourtMinnesota
JEFFREY A. LARSON, Employee/Appellant,
v.
VIKING AUTOMATIC SPRINKLER and TRAVELERS GROUP, Employer-Insurer/ Respondents.
No. WC18-6221
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
July 15, 2019
         REHABILITATION – CONSULTATION; REHABILITATION – ELIGIBILITY; REHABILITATION – SUBSTANTIAL EVIDENCE. Where the record reasonably supported the compensation judge’s conclusion that the employee failed to establish that he is subject to restrictions as a result of his work injuries, the judge’s denial of a rehabilitation consultation was not clearly erroneous or unsupported by substantial evidence.          APPEALS – SCOPE OF REVIEW. Where the hearing below only addressed the employee’s rehabilitation requests and the medical request was not heard, this court will not address the issue for the first time on appeal.          JURISDICTION; STATUTES CONSTRUED – MINN. STAT. § 175A.01, SUBD. 5. The authority of this court is limited to the determination of questions of law and fact arising under the workers’ compensation laws of Minnesota. Minn. Stat. § 175A.01, subd. 5. The employee’s arguments regarding his social disability claims, Texas workers’ compensation claims, union issues, and employment disability claims are outside of this court’s jurisdiction.           Pro Se Appellant.           N. Amee Pham, Heacox, Hartman, Koshmrl, Cosgriff, Johnson, Lane & Feenstra, P.A., St. Paul, Minnesota, for the Respondents.           Determined by: Gary M. Hall, Judge, David A. Stofferahn, Judge, Deborah K. Sundquist, Judge.           Compensation Judge: Stephen R. Daly          Affirmed.           OPINION           GARY M. HALL, Judge.          The pro se employee appeals the compensation judge’s denial of his claim for a rehabilitation consultation and rehabilitation services. We affirm.          BACKGROUND          On May 3, 1996, Jeffrey A. Larson, the employee, sustained a temporary injury when a ladder fell on his head while he was working as a union apprentice sprinkler fitter for Viking Automatic Sprinkler Company (Viking), which was insured for workers’ compensation liability by St. Paul Fire & Marine Insurance Company, now known as Travelers Group (Travelers). The employee was seen at an emergency room, but he left before being treated by a doctor. At a general physical examination in January 1997, the employee reported the injury and having been disoriented for about a week, and the doctor stated that the employee had no residual neurological symptoms from the ladder injury.          On March 13 and March 29, 1997, the employee sustained additional work-related injuries to his neck and right shoulder while working as a cable installer for Atrex, Inc. On September 19, 1997, the employee underwent an MRI scan of his brain, which indicated “unremarkable brain parenchyma” and small remodeled mandibular condyles. On...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT