Blog Posts

Definition of of temporary total benefits

Definition of of temporary total benefits

Friday, September 08, 2017

The workers compensation system is intended to provide fair compensation to injured workers.  For those injured workers whose work injury causes them to be totally disabled form work on a temporary basis, the workers' compensation statute is intended to provide fair compensation.  While the basic concepts of temporary total disability are based in common sense, application of the statute and rules to a temporary total disability claim can become very complex and challenging.  Read More >>

What are temporary total disability benefits?

What are temporary total disability benefits?

Wednesday, August 30, 2017

The amount of weekly temporary total disability benefits is based on the employee's average weekly wage on the date of injury.  Often, the determination of average weekly wage is difficult.  The employee's weekly temporary total disability benefits are paid at the rate of two-thirds of the average weekly wage, subject to certain maximum and minimum rates.    Read More >>

What does the term "arising out of" mean to an injured worker?

What does the term "arising out of" mean to an injured worker?

Wednesday, August 09, 2017

Minnesota statute requires that all compensable work injuries must "arise out of and in the course of employment".  The "arising out of" requirement is a "legal causation" test.  For an injury to arise out of employment there must be a causal connection between the employment and the injury.  Minnesota Workers' Compensation courts have developed over the years different theories to try to measure whether a sufficient causal connection between employment and the injury exists.  Five major legal tests arise with consistency:  peculiar risk, increased risk, actual risk, positional risk, and proximate causation.   Read More >>

What is a repetitive injury

What is a repetitive injury

Saturday, August 05, 2017

Gillette injuries arise from minute repetitive trauma which result in a compensable work injury when their cumulative effect is sufficiently serious to disable the employee from further work..The term Gillette came from the Minnesota Supreme Court case, Gillette v. Harold, Inc.     Read More >>

Notice requirements for reporting a work injury

Notice requirements for reporting a work injury

Sunday, July 30, 2017

The Minnesota Workers' Compensation Act requires an employee to notify the employer of a work-related injury in a timely manner.  This is referred to as the "notice requirement," and is set forth in Minnesota Statutes section 176.141.  There are three separate time periods specified in the statute, 14 days, 30 days, and 180 days.    Read More >>

Welcome to the new website for Bailey Law and Garbow Law!

Welcome to the new website for Bailey Law and Garbow Law!

Thursday, May 18, 2017

Welcome to the new website for Bailey Law and Garbow Law! We are excited to announce that we have combined forces to offer our combined years of experience to serve YOU in workers’ compensation law and personal injury law.  Read More >>