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Supreme Court Says 'Increased Risk' is Standard for Compensability

By Sherri Okamoto (Legal Reporter)

Tuesday, December 31, 2013 | 0

Minnesota defense attorneys say that a decision from the state's Supreme Court last week has provided much-needed clarification that the fact that a worker suffers an injury at work doesn't mean that the injury is compensable.Rather, the Supreme Court said in a Dec. 26 decision that a worker must show that the injury happened in the course of employment, and that it arose out of employment. The court emphasized that these are two separate inquiries, and that an "increased risk" standard must be used to determine whether an unexplained injury arises out of employment. Under th...

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