by Kathy Bray, Esq.

When you hear the word “bullying” do you think of a child being taunted on the playground, or a teen being harassed online?

Unfortunately, bullying doesn’t end with childhood. The Workplace Bullying Institute estimates that 60.3 million U.S. workers are affected by bullying.

As an employer, running an inclusive, respectful and bully-free workplace can help your employees and your organization thrive.

The following are some basics for employers on workplace bullying and how to prevent it.

What is workplace bullying?

Workplace bullying is repeated, health-harming mistreatment by one or more employees of an employee: abusive conduct that takes the form of verbal abuse; or behaviors perceived as threatening, intimidating, or humiliating; work sabotage; or in some combination of the above, according to the Workplace Bullying Institute.

What can employers do to prevent workplace bullying?

As an employer, you can institute policies and procedures to make your workplace welcoming for all. Take the following steps to promote a workplace that supports an open exchange of ideas, without fear of belittling or disrespect:

• Employ intentional hiring and promotional practices that recognize and reward positive interpersonal relationship traits
• Call references and past employers, and ask about whether the job candidate exhibited threatening or violent behavior
• Do a thorough criminal background check
• After hire, make anti-bullying and anti-harassment training part of your orientation process. Make sure your anti-harassment and business conduct policies include multiple avenues for reporting concerns
• A retaliation policy is also important. By clearly prohibiting retaliation against anyone who reports a violation of the law or company policy, you’ll not only make it more likely that someone will come forward if they’re being bullied, but also remind employees that it may be illegal to discriminate against a good faith complaint reporting a violation of company policy

Consult with your legal counsel to lawfully structure your policies and procedures regarding workplace bullying.

Is it illegal?

That depends on the situation. If the bullying is based on race, color, religion, gender (including pregnancy), national origin, age (40 or older), a disability or genetic information it’s possible it could be a form of harassment , which is illegal. If you are operating in one of the 22 states or the District of Columbia with laws expressly preventing discrimination based on sexual orientation (e.g., Minnesota, Iowa, Wisconsin), bullying on that basis also could be actionable. Physical violence and threats are also illegal.

There’s a national campaign to pass a Healthy Workplace Bill , which would make workplace bullying illegal and allow workers to sue their bullies individually. The bill has been introduced in 30 states, according to the Workplace Bullying Institute website, but Puerto Rico is the first in the United States to enact a workplace bullying law, which was signed into law in August 2020 .

What does workplace bullying have to do with workers’ compensation?

Under the Occupational Health and Safety Act of 1970 , employers are required to provide a safe workplace. One aspect of workplace safety is addressing the risk of workplace violence , which OSHA defines as “any act or threat of physical violence, harassment, intimidation, or other threatening disruptive behavior that occurs at the work site.”

Getting employees back to work as soon as they are medically able is an important goal following an occupational injury. Creating a safe and positive workplace will increase the likelihood of return to work success.

Conclusion

Employees have a right to a safe workplace.

And employees who feel welcomed and happy are likely to be more productive, develop stronger relationships with their coworkers, and overall be more satisfied with their work. For more, read our blog, Why employee happiness is so important.

Originally published in July 2021; updated in September 2024.

By SFM Corporate Counsel

The Minnesota Workers’ Compensation Advisory Council (WCAC) bill is officially law.

Gov. Tim Walz signed the bill on May 8, 2024. The legislation contains 50 sections with amendments to chapter 176, many of which are technical or cleanup provisions recommended by the Office of Administrative Hearings.

The following is a summary of key changes contained in the bill.

Maximum compensation rate

Effective Oct. 1, 2024, the maximum compensation rate will increase from 102% to 108% of the Statewide Average Weekly Wage (SAWW).

Average Weekly Wage (AWW) for agricultural workers

The AWW for agricultural employment will change to address the windfall that many employees have enjoyed from multiple employments during short-term agriculture employment stints. If an agricultural worker sustains an injury while working for two or more employers during short-term agricultural work, the AWW will be either the AWW of the employee’s other employment or the agricultural wage at 5 times the daily wage. The employee cannot claim wages from both agricultural work and from other employers.

This will be a significant change for policyholders in the agricultural business.

The change is effective Oct. 1, 2024.

Attorney fees

The maximum amount for statutory-contingent attorney fees will increase. Currently, the maximum attorney fee allowed is 20% of the first $130,000 of compensation awarded to the employee, for a maximum attorney fee of $26,000. The new law will change to 20% of the first $275,000 of compensation awarded to the employee, for a maximum attorney fee of $55,000. The change is effective for injuries occurring on or after Oct. 1, 2024.

Procedural changes

Answer

The timeline for filing an Answer to a Claim Petition or an Objection to a Request for an Expedited Hearing will change from 20 to 30 days. The change is effective Aug. 1, 2024.

Discontinuance of rehabilitation benefits

If a claim has been accepted and a rehabilitation plan has been approved, the employer or insurer may not discontinue rehabilitation services until notice has been filed with the commissioner of the Department of Labor and Industry and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any. The notice shall state the date of intended discontinuance and set forth a statement of facts clearly indicating the reason for the action. Copies of whatever medical reports or other written reports in the employer’s possession that are relied on for the discontinuance shall be attached to the notice. The change is effective Aug. 1, 2024.

Clarification to Minnesota Statute § 176.238, notice of discontinuance

The amendment adds “or insurer” to all references of “employer” so the statute consistently reads “employer or insurer.” The amendment clarifies that employers or insurers can serve and file notices of discontinuances, file petitions for hearing, and be served with objection to discontinuance and court decisions. The change is effective Aug. 1, 2024.

Home remodeling

Home remodeling benefits will increase from $75,000 to $150,000, effective Oct. 1, 2024.

Medical record penalty

Effective Aug. 1, 2024, the electronic medical records payment provisions of Minn. Stat. § 176.135, subd. 7, will allow the commissioner to impose a permissive of penalty of $500, payable to the Assigned Risk Safety account, for violations of the statute.

The Occupational Safety and Health Administration OSHA passed regulations in 2019 and 2023 requiring submission of certain injury reports through the Injury Tracking Application (ITA) .

You may have questions about whether your business is required to submit information electronically, and what information you will need to submit. Below, you will find a broad overview of OSHA’s electronic reporting requirements, and where you can find more information directly from OSHA and relevant state agencies.

Electronic submission requirements

Only employers with establishments that employ a certain number of workers need to electronically report. For those states covered by federal OSHA, the reporting requirements depend on the number of employees in each establishment, and whether the employer falls into certain categories of high-hazard industries. Different sizes of establishments and categories of employers must report different information.

As of the most recent OSHA rulemaking issued in July 2023, the federal reporting requirements are:

• Establishments with 100-plus employees in the highest hazard industries must submit Form 300 Logs, 300A Summaries, and 301 Incident Reports
• Workplaces with 20-249 employees in high hazard industries have to submit their 300A Annual Summary data
• Workplaces with 250-plus employees in any industry must submit their 300A Annual Summary data

OSHA defines an establishment as “a single physical location where business is conducted or where services or industrial operations are performed. A firm may be comprised of one or more establishments.” This corresponds with your OSHA Form 300A, which is tracked at an establishment level.

Minnesota adopted OSHA’s rulemaking guidelines but does not limit the reporting requirements by industry. Minnesota establishments with 20 or more employees are required to submit 300A data and employers that have establishments with 100 or more employees are required to submit OSHA 300 log, OSHA 300A and OSHA 301 data.

Reporting requirements: federal and state

At a high level, OSHA’s reporting requirements are as follows.

Employers must submit 300A data if their establishment meets one of the following criteria:

• 250 or more employees and is not in an industry listed in the Exempt Industries list in Appendix A to Subpart B of OSHA’s recordkeeping regulation of 29 CFR Part 1904
• 20-249 employees and is in an industry listed in Appendix A to Subpart E of 29 CFR Part 1904

Employers must also submit 300/301 data if their establishments have 100 or more employees and is in an industry listed in Appendix B to Subpart E of 29 CFR Part 1904 .

Company officials can also use the ITA Coverage Application  to help determine if their establishment is required to submit this data.

Minnesota

Minnesota does have its own reporting requirements.

Establishments with 20 or more employees are required to submit 300A data and employers that have establishments with 100 or more employees are required to submit OSHA 300 log, OSHA 300A and OSHA 301 data.”

There is no reporting requirement for employers with 19 or fewer workers in Minnesota.

Other states

Indiana, Iowa, Kansas, Nebraska, South Dakota, Tennessee and Wisconsin follow the OSHA guidelines.

Employer that operate in states across the U.S. should review the laws where they have locations to maintain compliance.

Resources for more information

• OSHA injury and illness recordkeeping and reporting requirements
• Electronic injury tracking application
• OSHA: Final rule issues to improve tracking of workplace injuries and illnesses
• OSHA 1904 Sub E Appendix A – identifies industries subject to reporting requirements for 20-249 employees
• OSHA 1904 Sub E Appendix B – identifies higher hazard industries subject to reporting requirements for 100-plus employees
• Minnesota OSHA compliance – recordkeeping standard
• Reporting injuries to OSHA and your workers’ comp insurer — what’s the difference? 

Originally posted February 2019; updated March 2024.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Employers sometimes ask whether they can screen job applicants for prior workers’ compensation claims.

Often, employers simply want information about previous claims in an effort to prevent reinjury. Even if this is the case, asking job candidates about past work injuries, disabilities or medical histories is illegal under the federal Americans with Disabilities Act (ADA).

At the same time, most states have anti-discrimination laws prohibiting such screenings. This includes human rights and fair employment laws in Minnesota, Iowa, Nebraska, South Dakota, Kansas and Wisconsin.

Employer can ask applicants about ability to perform required tasks

While employers are barred from asking applicants about prior workers’ compensation claims, they are permitted to request other types of information.

To begin, a prospective employer can ask in an interview or on a job application whether the applicant can perform the essential functions of the position with or without reasonable accommodation.

The employer can also ask the applicant to undergo a pre-employment physical examination after a conditional job offer has been made, as long as an examination is required of all applicants in the same category and it only tests for essential job-related capabilities.

If you require pre-employment exams in your organization, a written job description can be a valuable tool to the examiner.

Be sure to consult your employment law attorney to ensure your hiring practices comply with the laws in your area.

One final tip: Any records developed as part of the pre-employment process are required to be kept in a separate file from other personnel file information.

For more information, see SFM’s “Screening job applicants for prior workers’ compensation claims” Legal Advisory.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Originally posted May 2019

Following a thorough hiring process is one important way you can prevent problem workers’ compensation claims, along with other challenges.

“I always talk to employers about the importance of hiring and retaining the right people,” said Loss Prevention Specialist Dana Mickelson. “Usually if you have problem employees and they stick around long enough, they then are typically the ones with work comp claims that become more expensive.”

Choosing the right employee for a role is rarely easy, but there are steps you can include in your process to help you more confidently make hiring decisions.

Consider safety in your application and job description

Use the application to start the process off on the right foot.

We recommend employers have an official application process that includes a form applicants must complete that follows local, state and federal laws. Each job posting should include a current job description noting the physical requirements of the position.

“Consider having an ergonomist or physical therapist review the position and job description,” said Loss Prevention Specialist Nick Johnson. “This ensures you’re documenting, in detail, the correct physical requirements for the job.”

Being competitive in the market can also help you attract the best applicants for the role.

“Some companies have recently improved their pay and benefits to be competitive in the market, which in turn helps them to hire and retain their best employees,” Mickelson said. “That includes not only medical and retirement fund benefits, but also flexible schedules, among other perks for employees.”

Ask the right interview questions

Once you’ve narrowed down the pool of applicants, it’s best to hold several rounds of interviews, and have multiple people interview each candidate, to gather a more complete view of the candidate.

When preparing interview questions, we recommend including open-ended questions related to workplace safety.

“Let that person give their thoughts on the role and safety, rather than feeding them the answer you want, or making it easy for them to give you the answer you expect,” Johnson said.

How you ask questions is important, but so are the questions themselves.

State and federal laws are strict about what an employer can ask regarding a person’s physical limitations or workers’ compensation claim history, but don’t avoid these topics altogether. Employers can glean helpful information by asking other, related questions.

For example, asking an applicant about their past workers’ compensation claims is prohibited, however, employers can ask them about their previous workplace safety training and if they feel ongoing safety checks are important.

Similarly, an employer may not be able to ask a candidate about any disabilities, but they can use the job description to demonstrate the requirements of the role, and to ask whether the candidate can perform the tasks listed.

“I suggest employers use a detailed job description as part of the hiring process,” Mickelson said. “During the hiring process, you can review the essential functions of the job and have the applicant or new employee sign a statement confirming they can perform those functions.”

Mickelson said that having a confirmation of the employee’s capabilities documented may be helpful in the event of a work injury.

Follow a thorough vetting protocol

Once you’ve picked a candidate to move forward with, it’s in your best interest to do a background check and call references.

Below, we offer a list of recommended steps to take for every applicant you want to hire. Keep in mind that some of these steps may not be permissible until a conditional offer of employment has been made. Be sure to consult your employment law attorney.

• Call references.
• Conduct a nationwide criminal background check. Be sure to check state and local laws for any “Ban the Box” type regulations and compliance with the Fair Credit Reporting Act.
• Consider a pre-employment physical examination for physically demanding jobs in accordance with state and federal laws.
• Verify their educational credentials and professional licenses.
• Verify legal eligibility to work in the U.S.
• Use E-Verify as a tool.
• For jobs that require driving, check motor vehicle records.
• For safety-sensitive jobs, conduct drug and alcohol testing in accordance with state laws.

“The applicant may interview well, and you can’t always pick up on red flags during the interview process, but the background check and references may prevent onboarding the wrong candidate,” Mickelson said. “Many employers don’t check references because they feel that they don’t learn anything, but it’s important to at least verify employment history.”

Keep safety top of mind while training a new hire

Once you’ve hired your new employee, include safety training as part of their onboarding and then follow up afterward to reinforce the training.

SFM loss prevention experts recommend checking in three, six and nine weeks after a new hire is onboarded to answer any questions they may have and to emphasize the safety training they heard early on in their new role. It’s also important to maintain safety training records and have the employee sign acknowledgement forms regarding safety policies and practices.

“The three-, six-, and nine-week check-ins are critical to identify any additional safety training needs,” Johnson said.

Also ensure a robust safety orientation is provided to everyone, regardless of language. If a new hire does not speak English and that is your company’s primary language, make sure to assign a bilingual supervisor to stay in contact with them and to provide them the same standard of safety training.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for employment practices.

By Aaron Schmidt, Senior Defense Counsel with Lynn, Scharfenberg and Hollick

On May 30, 2023, Gov. Tim Walz signed the state’s recreational marijuana bill, making Minnesota the 23rd state in the U.S. to legalize recreational marijuana for adult use.

The new law contains several provisions that affect employers doing business in Minnesota, addressing changes to medical marijuana, use of off-duty lawful consumable products, drug testing in the workplace, as well as implementation of workplace policies. We recommend employers consult with an employment law or business law attorney, as the recreational marijuana law will significantly impact how employers address marijuana-related workplace issues.

Impact on workers’ compensation

From a workers’ compensation perspective, the new law does not substantively change the analysis for determining whether an injured employee’s intoxication allows for a defense to a claim.

Now that recreational marijuana is legal in Minnesota, it is effectively no different at the state level than any other legal intoxicating substance, such as alcohol, and therefore is subject to the Minnesota Workers’ Compensation Act’s intoxication defense statute. The statute states that if the injury was intentionally self-inflicted or the intoxication of the employee is the proximate cause of the injury, then the employer is not liable for compensation, however the burden of proof of these facts is upon the employer.

However, it’s important to note that because recreational marijuana remains illegal at the federal level, employers can still prohibit use, possession, and impairment from marijuana products if failing to do so would violate federal or state laws or regulations or cause the employer to lose federal funding or licensing-related benefits.

Effect on workplace policies

Despite the enactment of laws around the country permitting the recreational use of marijuana for adults, employers in the U.S. are not required to permit or accommodate marijuana use, possession, sale, transfer, or impairment while at work, on work property, or operating an employer’s vehicle, machinery, or equipment.

An employer may create written policies addressing such prohibitions, so long as the employer has enacted work rules regarding marijuana use and marijuana testing consistent with Minn. Stat. Section 181.951, Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA).

This statute is specific to Minnesota, and drug testing laws will vary by state, so employers should refer to their local jurisdiction for the applicable laws. Employers with questions about the application of this new statute, and the appropriate immediate actions to address it, should consult an employment law or business law attorney in their jurisdiction.

Determining marijuana intoxication levels

While the new law addresses polices prohibiting marijuana use while at work, existing Minnesota law prohibits an employer from discriminating against an employee’s use of lawful consumable products while not at work, and the new law adds marijuana to the definition of “consumable products.”

The one difference from other intoxicating substances, however, may be how marijuana metabolizes and how that impacts testing results, potentially making it more difficult to measure intoxication and/or impairment compared to other legal substances.

According to Mayo Clinic Laboratories , “depending on the frequency of cannabis usage, its potency, or THC content, the detection limit of the laboratory assay and other factors, you can still get positive results or detect the carboxy-THC in the urine 30 days or longer once a person stops using marijuana.” This can make it difficult to tell when and where the marijuana use took place, complicating whether it can be discerned if the use was at work or not.

Work injury and marijuana use

If an employee is believed to have been intoxicated at the time of a work injury, there may be available defenses to pursue in denying the claim. In Minnesota, under Statute Section 176.021, Subdivision 1, an employer can raise an employee’s intoxication as a bar to a claim for workers’ compensation benefits if it can be shown that:

1) The employee was intoxicated at the time of his or her injury, and

2) That the intoxication was the proximate cause of the employee’s injuries.

The employer has the burden of proving these elements, and satisfying this burden starts with a proper understanding of the laws regarding substance use, testing, and defenses in the employer’s jurisdiction.

If an employer suspects that an employee is impaired at the time of the work injury, they should inform their workers’ compensation insurer immediately so a proper investigation can take place.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

Do temporary employees need safety training? Are subcontractors covered for workers’ compensation?

If your workforce includes temporary employees or independent subcontractors, you may have questions like these.

Even these workers need safety training and workers’ compensation coverage. Here are a few things you should know about hiring subcontractors and temporary employees, and their workers’ compensation coverage and safety.

Hiring temporary workers

When you hire a temporary employee, you need to be sure that the outside temp agency will be liable for payment of workers’ compensation benefits in the event of a work injury.

Beware of scanty contracts, either deliberately or unwittingly silent on important legal considerations including workers’ compensation coverage. Consider having contracts from temp agencies reviewed by an employment attorney before you sign them.

Keeping temporary workers safe

Give temporary employees the same safety training you give regular employees. Don’t skimp on safety training just because someone will only be working with you for a short time.

“The most common causes of injuries we see among temporary employees include workers not being properly trained for the jobs they’re performing, or the physical abilities of the individual do not match the task,” said Lee Wendel, SFM Director of Loss Prevention.

Here are a few suggested questions employers should ask their temp agencies to keep workers safe:

• Will the agency provide personal protective equipment for the temporary employees?
• What safety training will be provided by the agency?
• Does the temporary employee require any additional help to perform the job?
• Is worker safety a company priority?
• Will you visit the worksite and conduct a safety assessment?

For more resources on temporary worker safety, visit OSHA’s Protecting Temporary Workers page .

Hiring subcontractors: Are they covered for workers’ compensation?

Hiring subcontractors that are uninsured can pose a significant liability to your organization.

Anyone working independently for your organization needs to be covered for work injuries. An independent contractor working alone may or may not carry workers’ compensation insurance.

If contractors say they have coverage, you’ll need to get certificates of insurance at the time they are engaged. Your SFM premium auditor will look for these certificates at the time of your premium audit. If a subcontractor does not provide a certificate of insurance for work comp, we will typically include their
payroll in the calculation of your premium.

Some entity types with no employees may not be required to carry workers’ compensation insurance. If this is the case then you’ll need to get insurance certificates for general liability with adequate minimum limits of coverage.

Are subcontractors truly ‘independent’?

You’ll need to verify that the individual meets the state’s legal criteria to be considered an independent contractor. The specific requirements vary by state, and an employment attorney is your best resource to make sure your contractors meet them.

In addition to verifying coverage and determining “independent” status, SFM attorneys recommend having a subcontractor agreement drawn up by an employment attorney for all subcontractors to sign before they go to work for you.

For more information on Minnesota’s guidelines, see SFM’s General contractor’s liability Legal Advisory and Hiring subcontractors CompTalk.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

By Aaron Schmidt, Defense Counsel with Lynn, Scharfenberg and Hollick

The Minnesota Supreme Court issued the long-awaited opinion of Chrz v. Mower County and Minn. Counties Intergovernmental Trust on March 8, 2023.

Ryan Chrz was a Deputy Sheriff in Mower County, Minnesota, who had been diagnosed in 2019 with work-related PTSD, major depression and moderate to severe alcohol disorder, after witnessing several traumatic events at work. In May of 2020, he filed a claim petition requesting workers’ compensation benefits.

An independent medical exam of Chrz was requested in December 2020 by his employer and insurer, and that doctor opined that Chrz did not meet the criteria for PTSD under Minn. Stat. Section 176.66, subd. 1.

The following March, he was examined again by his treating doctor, who concluded that his condition had improved. As a result, Chrz’s treating doctor changed his diagnosis from PTSD to “other specified trauma and stress related disorder” caused by work.
The matter went to hearing in June 2021, and the compensation judge found that Chrz had sustained work-related PTSD and awarded him ongoing payment of wage loss. She further held that his treating doctor had diagnosed PTSD from April 2019 through March 2021, but that from March 2021 forward, Chrz no longer had PTSD. However, Chrz had argued that despite a diagnosis change, he remained disabled from a mental illness.

The employer and insurer appealed, and the Workers’ Compensation Court of Appeals (WCCA) reversed the compensation judge’s decision, stating that Chrz was no longer entitled to ongoing benefits because he no longer met the criteria for having a personal injury under Minnesota workers’ compensation law.

Chrz appealed to the Minnesota Supreme Court, which affirmed the WCCA, holding that an employee is not entitled to workers’ compensation benefits under Minn. Stat. Section 176.66, subd. 1, when the employee no longer has a diagnosis of PTSD by a licensed professional using the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders as required by Statute.

This opinion provides clarity in defining the nature and extent of PTSD claims in Minnesota, and a definitive interpretation in limiting the narrow application of Minn. Stat. Section 176.011.

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.

By John Hollick, Chief Defense Counsel with Lynn, Scharfenberg and Hollick

The Minnesota Supreme Court addressed the statutory presumption of posttraumatic stress disorder (PTSD) in Juntunen v. Carlton County in December 2022, significantly impacting the criteria for compensability of certain workers’ compensation claims.

Generally, an injured employee has the burden to prove the elements of a workers’ compensation claim, including that the employee has an occupational disease. However, the state’s PTSD presumption under Minnesota Statute Section 176.011, Subdivision 15(d)(e) and effective January 1, 2019, relieves certain employees of at least part of the burden of proving that they suffer from a compensable occupational disease. Law enforcement employees are among the professions specifically included in the presumption.

In this case the employee, Doug Juntunen, worked as a deputy sheriff for Carlton County, during which time he claims he experienced several traumatic events, both professionally and personally. He was diagnosed with PTSD by a licensed psychologist in September 2019. The day after he received his diagnosis, the deputy informed his supervisors and was placed on leave. The employer and insurer later denied liability of Juntunen’s workers’ compensation claim, and the case went to litigation.

At a subsequent hearing, both sides presented differing medical opinions concerning Juntunen’s diagnosis. The treating provider felt that he did qualify for PTSD benefits, while the psychologist brought in by the insurer for an Independent Medical Evaluation (IME) felt that he did not meet all the requirements of PTSD, but rather suffered from severe depression.

The facts revealed that Juntunen had experienced several potentially traumatic experiences during his career, including events both at work and in his personal life. The IME doctor admitted that he was only relying on the employee’s symptoms for 30 days prior to the IME examination, however the compensation judge accepted the IME’s medical opinion and denied the claim for benefits based on a PTSD diagnosis.

The case was appealed, and the Workers’ Compensation Court of Appeals (WCCA) reversed the opinion. In December 2022, the Minnesota Supreme Court affirmed the reversal by the WCCA and awarded benefits for the PTSD diagnosis.

The PTSD presumption in Minnesota Statute 176.011, Subdivision 15(d)(e) states that an employee (1) must be employed in one of the enumerated occupations, (2) be diagnosed with PTSD by a licensed psychiatrist or psychologist, and (3) must not have been diagnosed with PTSD previously.

Once Juntunen offered a diagnosis of PTSD from a licensed psychologist, the PTSD presumption applied. This fact, along with the unchallenged findings of the compensation judge that Juntunen was a deputy sheriff and had no previous PTSD diagnosis, triggers the presumption that Juntunen had a compensable occupational disease.

Interestingly, in the opinion, the Minnesota Supreme Court stated that “ultimately, the PTSD presumption represents a balancing between two competing policies: prompt payment of employee’s medical expenses for PTSD treatment and stewardship of public monies. The legislature determined that employees suffering from PTSD need timely access to medical care, and the PTSD presumption puts the onus on employers to quickly resolve such claims.” As the IME did not evaluate Juntunen until 10 months after he notified Carlton County of his diagnosis, the Minnesota Supreme Court stated, “that is too long to leave employees’ benefits claims unresolved.”

This is not intended to serve as legal advice for individual fact-specific legal cases or as a legal basis for your employment practices.