Pre-Existing Conditions and MN Workers’ Compensation

In Minnesota, if you re-injure or aggravate a pre-existing condition, it is covered by workers’ compensation. A person’s work activities or work injury need only be a substantial contributing factor to his or her current condition for it to be compensable under Minnesota workers’ compensation law.

While an employer is not obligated to cover a worker’s personal health, that employer take employees as they find them with whatever health conditions they bring to the job. Employers in Minnesota assume the risk that an employee’s non-work related pre-existing condition may be aggravated by a work injury or work activity.

In Minnesota, in order to be compensable workers’ compensation claim, it is not necessary that a work injury or an employees work activities be the only cause of the condition for which workers’ compensation benefits are sought. The work activities or the work injury need only be a substantial contributing factor to the cause aggravation or acceleration of a pre-existing condition.

In Vanda v. Minnesota Mining & Manufacturing Co., 27 W.C.D. 379, 218 N.W.2d 458 (1974), the Court explained that:

"[W]hen the usual tasks ordinary to an employee’s work substantially aggravate, accelerate, or combine with a pre-existing disease or latent condition to produce a disability, the entire disability is compensable, no apportionment being made on the basis of relative causal contribution of the pre-existing condition and the work activities."

A judge will consider several factors in determining whether an aggravation of a pre-existing condition is temporary or permanent, including (1) the nature and severity of the pre-existing condition and the extent of restrictions and disability resulting therefrom; (2) the nature of the symptoms and extent of medical treatment prior to the aggravating incident; (3) the nature and severity of the aggravating incident and the extent of the restrictions and disability resulting therefrom; (4) the nature of the symptoms and extent of medical treatment following the aggravating incident; (5) the nature and extent of the employee’s work duties and non-work activities during the relevant period; and (6) medical opinions on the issue.

Denials and disputes based on an actual or alleged pre-existing condition are some of the most common disputes we see in our Minnesota workers’ compensation law practice. For most workers hurt on the job, if there is any suggestion or evidence of a pre-existing condition, there is a strong probability that the workers’ compensation insurance company will deny or dispute the workers’ compensation claim. We fight these issues on a regular basis, and we win these fights on a regular basis. The key is having solid medical evidence evaluating the factors listed above.

I’ve seen workers’ compensation insurers deny a back injury claim based on the fact that the worker had a minor back injury 20 years ago. I’ve seen IME doctors characterize a disc herniation as “degenerative” and argue that it pre-dated the injury, even if the worker never had any back pain or medical care prior to the injury. I’ve seen a workers’ compensation back injury claim disputed because the worker had gone to a chiropractor a few times a couple years prior to the injury. I’ve seen a knee injury claim denied because an MRI revealed evidence of degenerative changes in addition to the claimed injury. Just because the insurance company says your injury is not covered, does not mean they’re right! 

In Minnesota workers’ compensation cases involving an actual or an alleged pre-existing condition, disputes with the workers’ compensation insurance company are almost inevitable. For a free, no-obligation Minnesota workers’ compensation case evaluation, call Meuser & Associate at 877-746-5680 or click here to send us an email.