Kubis v. Community Memorial Hospital Ass'n

The opinion of the court does not give the Workers’ Compensation Court of Appeals the long-established deference accorded by our case law. If that deference were given, the employee would be entitled to workers’ compensation benefits based on our precedent directly on point, Kirchner v. County of Anoka, 339 N.W.2d 908 (Minn. 1983). Therefore, I respectfully dissent.

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The story of Kristel Kubis’s workplace injury is not complicated. Nurse Kubis was nearing the end of her shift on the second floor of the hospital. While “in report”— telling the .incoming nurses about developments that occurred…