LORI A. SCHALLOCK, Employee/Respondent,
v.
BATTLE LAKE GOOD SAMARITAN CTR. and SENTRY INS. GROUP, Employer-Insurer/Appellants.
No. WC18-6228
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
May 31, 2019
EVIDENCE
– BURDEN OF PROOF. Where a compensation judge stated,
in consideration of a petition to discontinue benefits, that
an employer and insurer’s evidence was not more
convincing nor had a greater probability of truth than the
employee’s evidence presented in support of the
employee’s claim that her medical condition was related
to the work injury, and held that that the employer and
insurer did not meet their burden of proof, the judge erred
by placing the burden of proving whether the employee was
entitled to benefits on the employer and insurer instead of
on the employee as required by Minn. Stat. § 176.021, subd.
1. The judge’s finding that the employer and insurer
did not meet their burden of proof that the employee’s
work injury was temporary and had resolved and the dismissal
of the petition to discontinue benefits are vacated, and the
matter is remanded to the compensation judge.
Stephen R. Quanrud and Thomas A. Klint, Midwest Disability,
Coon Rapids, Minnesota, for the Respondent.
Kirk
C. Thompson, Kirk C. Thompson Law Office, P.A., Minneapolis,
Minnesota, for the Appellants.
Determined by: Gary M. Hall, Judge Patricia J. Milun, Chief
Judge David A. Stofferahn, Judge.
Compensation Judge: Grant Hartman
Vacated
and remanded.
OPINION
GARY
M. HALL, Judge.
The
employer and insurer appeal the compensation judge’s
finding that they did not meet their burden of proof that the
employee’s July 14, 2016, work injury was a temporary
muscular low back strain that had resolved. We vacate the
findings and order and remand for further consideration.
BACKGROUND
On July
14, 2016, Lori A. Schallock, the employee, sustained a low
back injury when transferring a patient while working as a
certified nurse assistant for Battle Lake Good Samaritan
Center, the employer, which was insured for workers’
compensation liability by Sentry Insurance Group. The
employee had no low back or left leg symptoms before this
injury. The employee was off work for one week and returned
to work with light-duty restrictions. Three months after the
injury, the employee developed left leg weakness and treated
with Dr. Sunny Kim. The employee was again taken off work
because her left leg would not support her. Dr. Kim opined
that her left leg weakness was not due to her spine and that
the employee might have multiple sclerosis. The employee was
paid temporary total disability benefits (TTD) for the first
week, temporary partial disability benefits into October
2016, and TTD beginning again on October 12, 2016.
The
employee has been evaluated by numerous physicians, including
multiple...
