EN BANC CALENDAR

Before the Minnesota Supreme Court
February 2015
SUMMARY OF ISSUES
Summaries prepared by the Supreme Court Commissioner’s Office
Monday, February 2, 2015
Courtroom 300, Minnesota Judicial Center
 

Greg Peterson, Appellant vs. Richfield Civil Service Commission, et al., Respondents – Case No. A13-2337:  Respondent Richfield Civil Service Commission ranked applicants for a detective position according to a previously-determined procedure that included a written test and an oral interview.  Appellant Greg Peterson, one of the applicants, challenged the Commission’s ranking as contrary to Minn. Stat. § 419.06(9) (2014), a provision of Minnesota’s police civil-service law.  On certiorari review, the court of appeals affirmed.
On appeal to the supreme court, the issue presented is whether the Commission’s procedure satisfied the requirement in section 419.06(9) that promotions be based in part “upon records of efficiency, character, conduct and seniority.”  (Richfield Civil Service Commission)
In re Petition for Disciplinary Action against Duane A. Kennedy, a Minnesota Attorney, Registration No. 55128 – Case No. A14-0570:  An attorney discipline case that presents the question of what discipline, if any, is appropriate based on the facts of the matter.

 
Tuesday, February 3, 2015
Courtroom 300, Minnesota Judicial Center

Carmen Schroeder, Respondent vs. Western National Mutual Insurance Company, Appellant – Case No. A13-2289:  Respondent Carmen Schroeder was temporarily disabled due to injuries she suffered in an automobile accident.  She submitted a no-fault insurance claim to appellant Western National Mutual Insurance Company for replacement services benefits under Minn. Stat. § 65B.44, subd. 5 (2014), seeking the reasonable value of the care and maintenance services for her home that she was unable to perform as a result of her injury.  Western National denied the claim on the basis that her lost services had not been replaced.  A no-fault arbitrator found that Schroeder was eligible for replacement services benefits and awarded her $3,400. The district court denied Western National’s motion to vacate the arbitration award, and the court of appeals affirmed.
On appeal to the supreme court, the issue presented is whether, under Minn. Stat. § 65B.44, subd. 5, an injured insured, who has primary responsibility for the management of a household and is unable to perform household care and maintenance services as a result of covered injuries, is entitled to the reasonable value of those services even if the services were not replaced.  (Hennepin County)
Nonoral: Jacob Stephen Brown, petitioner, Appellant vs. State of Minnesota, Respondent – Case No. A14-1542:  Appellant Jacob Brown pleaded guilty in 1988 to murder in the first degree and attempted murder in the first degree.  In October 2013, the district court denied Brown’s fourth petition for postconviction relief, which sought withdrawal of his guilty plea.  In March 2014, Brown sought reconsideration of the district court’s ruling in light of a psychologist’s report from 2008.  The district court denied Brown’s request for a hearing and affirmed the ruling denying Brown’s request to withdraw his guilty plea.
On appeal to the supreme court, Brown presents the following issue:  whether the district court abused its discretion by not allowing him to withdraw his guilty plea.  (Hennepin County)

Nonoral: Carol J. Kainz, Respondent vs. Arrowhead Senior Living Community, Self-Insured, administered by Berkley Risk Administrators Co., Relator, and Iron Range Rehab Center, Orthopaedic Associates of Duluth, P.A., Intervenors – Case No. A14-1521:  Carol Kainz was employed as a licensed practical nurse.  While working at St. Michael’s Health and Rehabilitation Center, Kainz inverted and twisted her right ankle going down a stairway to retrieve medical supplies, causing an avulsion fracture.  The compensation judge concluded that the fracture arose out of Kainz’s employment.  The Workers’ Compensation Court of Appeals (WCCA) affirmed.  In 2014, the supreme court vacated the decision and remanded the matter for further proceedings consistent with Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013), which held that an employee seeking workers’ compensation benefits must prove a causal connection between the employment and the injury.  On remand, the WCCA again affirmed the compensation judge’s decision.      
On appeal to the supreme court, the following issues are presented:  (1) whether the WCCA erred in concluding that the compensation judge’s findings of fact and order were supported by substantial evidence in view of the entire record; and (2) whether the WCCA and the compensation judge erred in concluding that the employee’s injury arose out of her employment.  (Workers’ Compensation Court of Appeals)
Nonoral: John G. Reding, Respondent vs. Kraft Foods, Inc., and Broadspire, Relators, and HealthPartners, BlueCross BlueShield of Minnesota, New Ulm Hospital, United Hospital, and Allina Medical Clinics, Intervenors – Case No. A14-1436:  In 1999, while employed at Kraft Foods, Inc., John Reding suffered a work-related injury.  Reding sustained a superseding, intervening injury in 2004.  In 2014, the compensation judge granted Reding’s petition for the reimbursement of ongoing medical expenses.  The Workers’ Compensation Court of Appeals (WCCA) affirmed.  In addition, citing Minn. Stat. § 176.081, subd. 3 (2014), the WCCA invited the attorney for Reding to file a petition requesting Roraff fees for legal services provided on appeal.  See Roraff v. State Dep’t of Transp., 288 N.W.2d 15, 16 (Minn. 1980).  Reding’s attorney subsequently filed a statement of attorney fees with the WCCA.  The employer and insurer filed an objection to the statement of attorney fees, and Reding’s attorney filed a reply to the objection. Without further briefing or oral argument, the WCCA issued an order requiring the employer and insurer to pay $5,260 “to the employee’s attorney as and for attorney fees on appeal.” 
On appeal to the supreme court, the following issues are presented:  (1) whether the WCCA erred by ordering the payment of hourly attorney fees without any formal procedure or briefing schedule and without any oral argument or hearing; and (2) whether the WCCA erred by failing to provide an explanation for the fees awarded.  (Workers’ Compensation Court of Appeals)

Nonoral: Todd C. Allan, Respondent vs. RD Offutt Co., Self-Insured/Gallagher Bassett Services, Inc., Relator – Case No. A14-1555:  While employed at RD Offutt Co., Todd Allan suffered a low back injury.  The compensation judge ordered the employer to pay Allan 10 percent permanent partial disability benefits as a result of his work-related low back injury.  However, the compensation judge denied Allan’s claim for permanent total disability benefits, ruling that Allan could not establish “a 17 percent permanent partial disability rating of the whole body” under Minn. Stat. § 176.101, subd. 5(2) (2014), based on the combination of his low back injury and the complete loss of his teeth, which was not work related.  The compensation judge determined that the loss of teeth, which was rectified by dentures, cannot be used to meet the 17 percent disability threshold.  Allan appealed the denial of his claim for permanent total disability benefits, and the Workers’ Compensation Court of Appeals (WCCA) reversed and remanded.
On appeal to the supreme court, the following issue is presented: whether the WCCA erred in reversing the compensation judge’s conclusion that a permanent partial disability rating for the employee’s corrected, non-vocationally disabling condition could not be included to meet the threshold for permanent total disability benefits.  (Workers’ Compensation Court of Appeals)