The Workers’ Compensaiton Court of Appeals decided a series of cases in the month of September dealing with Gillette injuries.
In Dillon, the WCCA upheld the trial court’s decision that the employee sustained a Gillette-type injury on a certain date. The main issue in the case was whether there was an “ascertainable event” to form the basis for a disability during his employment. The employer and insurer argued that since the employee did not miss anytime from work during his employment because of his claimed injury there was no ascertainable event to find a date of injury. The WCCA disagreed.
The WCCA concluded that “a Gillette injury is generally found to have occurred where cumulative subclinical trauma results in disability. Disability in the sense of inability to work is not an absolute requirement for a Gillette injury, however. The Minnesota Supreme Court has held that there may be more than one type of ascertainable event which is evidence of a compensable injury. Schnurrer v. Hoerner-Waldorf…The court specifically found in that case that when the foreman removed the employee from his regular job because of his physical condition, an ascertainable event occurred.”
The WCCA upheld the trial court’s decision that although the employee did not miss anytime from work he was transferred to a different position. This transfer was sufficent to establish an “ascertainable event” to determine a date of injury.
A similar case, Boyer, dealt again with whether there was an “ascertainable event” in order to establish a date of injury. The WCCA upheld the trial court’s decision that the employee sustained a Gillette injury. The WCCA agreeded with the compensation judge that the employee’s first and only EMG study was an “ascertainable event.” By that time the employee’s condition was getting worse, his clinical finding were postive for carpal tunnel, and he was prescribed medications.
Reynoso v. Barcelo Crestline Corp.
A rather interesting case, Reynoso, dealt with whether an injured employee’s gambling winnings would be considered earnings and be used to offset his claim for temporary total disablility benefits. The WCCA upheld the compensation judge’s decision that gambling winnings from a slot machine are not earnings to be considered wages for purposes of calculating the employee‘s entitlement to temporary disability benefits.
It is fair to say that even if you get lucky at slots, the money won (or lost) will not offset your workers’ compensation benefits.
