Carol J. Kainz, Respondent, vs. Arrowhead Senior Living Community, Self-Insured, administered by Berkley Risk Administrators Co., Relator, and Iron Range Rehab Center, Orthopaedic Associates of Duluth, P.A., Intervenors.
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STATE OF MINNESOTA IN SUPREME COURT A13-0733 Carol J. Kainz, Respondent, vs. Arrowhead Senior Living Community, Self-Insured, administered by Berkley Risk Administrators Co., Relator, and Iron Range Rehab Center, Orthopaedic Associates of Duluth, P.A., Intervenors. ________________________ Steven T. Moe, Petersen, Sage, Graves, Layman & Moe, P.A., Duluth, Minnesota, for respondent. Edward Q. Cassidy, Lori-Ann C. Jones, Fredrickson & Byron, P.A., Minneapolis, Minnesota, for relator. ________________________ Considered and decided by the court without oral argument. ORDER The Petition for Writ of Certiorari from the Workers Compensation Court of Appeals was filed on April 26, 2013, and on December 26, 2013, we issued a decision in 1 Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013), that addressed whether the workconnection test is an appropriate test for determining whether an injury is compensable. Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that the decision of the Workers Compensation Court of Appeals (WCCA) filed April 1, 2013, be, and the same is, vacated and the matter is remanded to the WCCA for further proceedings consistent with Dykhoff v. Xcel Energy, 840 N.W.2d 821 (Minn. 2013). Dated: March 10, 2014 BY THE COURT: /s/ Alan C. Page Associate Justice LILLEHAUG, J., took no part in the consideration or decision of this case. 2
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