An injured school bus aide successfully appealed the denial of her claim for medical expense and wage loss caused by a head injury when her school bus unexpectedly lurched forward without warning, throwing her to the floor of the bus where she sustained her concussion. The Workers compensation trial judge found no injury had occurred, based on the opinion of the adverse examining psychologist hired by the worker’s compensation insurer for the worker’s employer, as well as his own review of the security camera video footage depicting the actual occurrence.
Jim Balmer represented the school bus aide at trial and filed the appeal on her behalf. The Minnesota Workers Compensation Court of Appeals reversed the trial judge on appeal, holding that because the adverse examining psychologist was not a medical doctor, he was not competent to have an opinion on whether the injured school bus aide had sustained a physical injury, and that the psychologist lacked sufficient information to hold an opinion, regardless.
The employer’s insurer has now sought further review of the case by the Minnesota Supreme Court. This news item will be updated as soon as the outcome of that review is known.