Botler v. Wagner Greenhouses

Summary

The Minnesota Supreme Court reviewed whether a workers' compensation judge had jurisdiction to award costs and attorney fees for the court appointment of a successor guardian and conservator. The court held that the judge had jurisdiction to award those appointment-related costs and fees, but that the Workers' Compensation Act did not authorize payment of ongoing guardian or conservator services and annual accounting costs. The court reversed the Workers' Compensation Court of Appeals, reinstated the compensation judge's decision, and awarded the employee $1,600 in attorney fees.

Holdings

1. A workers' compensation judge has jurisdiction to award the costs and fees associated with the court appointment of a guardian or conservator when the appointment is mandated under Minn. Stat. § 176.092 and the amount and reasonableness of those costs and fees are not disputed.
2. The Workers' Compensation Act does not provide for payment of the ongoing costs of guardian or conservator services, including the costs of an annual probate accounting, beyond costs and fees associated with the court appointment.

Questions Presented

1. Whether a workers' compensation judge had jurisdiction to award costs and fees for the court appointment of a successor guardian and conservator when the appointment was mandated under Minn. Stat. § 176.092.
2. Whether the Workers' Compensation Act requires an insurer or self-insured employer to pay the ongoing costs of guardian or conservator services and the costs of an annual probate accounting.

Disposition

reversed