Smiley scheduled the examination, with Dr. Smiley assured the employee in this same conversation that, if the independent examiner agreed, surgery would be approved, and that the employee’s wage loss and other medical benefits would continue pending receipt of the examiner’s opinion. According to her testimony at hearing, Ms. Smiley also spoke directly to the employee, telling her that an independent medical examination would be set to determine whether the surgery was necessary and related to her work injury. Grenier, indicating that “surgery is denied pending a 2nd surgical opinion per Minn. Jolene Smiley, the claims adjuster assigned to the employee’s case, faxed a note to Dr.

Grenier’s request for authorization of surgery. On April 17, 2009, seven working days later, the insurer responded in several ways to Dr. Yannick Grenier, sent the insurer a fax requesting authorization to perform surgery, laminotomies at L4-5. The employee continued to experience significant symptoms, despite conservative treatment, and, on April 8, 2009, the employee’s physician, Dr. The employer and insurer admitted liability and paid various wage loss and medical expense benefits. On January 22, 2009, the employee sustained a work-related injury to her low back while employed by Mills Fleet Farm. Jackman, Larkin, Hoffman, Daly & Lindgren, Minneapolis, MN, for the Appellants. An employer and insurer’s timely request for an independent medical examination, standing alone, is insufficient to support a finding of a genuine dispute between the parties over a medical claim.ĭetermined by: Wilson, J., Rykken, J., and Pederson, J.Īttorneys: Norbert Cuellar, Cuellar Law Office, Minneapolis, MN, for the Respondent. The compensation judge erred in concluding that a genuine dispute existed for purposes of liability for Roraff fees. 1(c), is applicable whether a medical claim is pursued through a medical request or a claim petition.ĪTTORNEY FEES - RORAFF FEES. In general, the dispute certification process contained in Minn. MILLS FLEET FARM and HARTFORD SPECIALTY RISK SERVS., Employer-Insurer/Appellants.ĪTTORNEY FEES - CERTIFICATION OF DISPUTE STATUTES CONSTRUED - MINN.

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