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Mary E. Kohl Prevails Before Workers' Compensation Court of Appeals on Case of First ImpressionFollowing oral argument, Johnson & Condon shareholder Mary E. Kohl recently secured a significant victory for our client on a case involving a permanent partial disability claim asserted by the employee to obtain a threshold rating for a pending permanent total disability claim. In a case of first impression on two issues, the court examined whether an injured employee could be rated separately for both lumbar pain syndrome and lumbar radicular syndrome. Additionally, the court considered whether an IDET procedure constituted “surgery” for purposes of rating PPD. The court ruled in favor of the employer and insurer on both issues. First, the employee argued entitlement to separate ratings under the general interpretation provision of the rules, which allows additional ratings for “separate impairing conditions.” The court disagreed, relying instead on the specific rule prohibiting such a combination. The court noted the specific rules “do not regard lumbar pain syndrome as an impairing condition separate and distinct from radicular syndrome, possibly because substantially similar low back symptoms tend to occur with either condition.” Second, the employee argued the IDET procedure qualified him for additional permanency, either as “surgery” under the schedule, or under Weber. The court disagreed, acknowledging an earlier decision in which the court determined the IDET procedure was not surgery under the treatment parameters. The court found “no compelling reason to alter our conclusion as to the nature of the procedure” for purpose of the rules for rating permanency. Mary Kohl was assisted through trial and appeal by her support team including Scott Ziemer, Aija Chadwick, and Jennifer Christoffer. Johnson & Condon associate attorney Steven E. Sullivan was extensively involved in legal research and drafting numerous briefs in the appellate process. http://www.workerscomp.state.mn.us/2005/Haukos-03-21-05.htm
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