Opinion
A21-0670
12-07-2021
Michael D. WARHOL, Respondent, v. COREXPO, INC. and Berkley Risk Administrators, Relators, and Corexpo, Inc. and Travelers Group, Respondents.
Danielle T. Bird, Bird, Stevens & Borgen, P.C., Bloomington, Minnesota, for respondent Michael D. Warhol. Luke Smith, Brown & Carlson, P.A., Minneapolis, Minnesota, for relators.
Danielle T. Bird, Bird, Stevens & Borgen, P.C., Bloomington, Minnesota, for respondent Michael D. Warhol.
Luke Smith, Brown & Carlson, P.A., Minneapolis, Minnesota, for relators.
Considered and decided by the court without oral argument.
ORDER
Natalie E. Hudson, Associate Justice
Based upon all the files, records, and proceedings herein,
IT IS HEREBY ORDERED THAT:
1. The decision of the Workers’ Compensation Court of Appeals filed on April 28, 2021, is reversed in part. That portion of the decision that affirms the award of benefits for medical marijuana, addressed at pages 8–9 of the court's decision, is reversed based on this court's decision in Musta v. Mendota Heights Dental Ctr. , 965 N.W.2d 312 (Minn. 2021) (holding that the Controlled Substances Act, 21 U.S.C. §§ 801 – 971, preempts requirements under Minnesota's Workers’ Compensation Act that obligate an employer to reimburse an injured employee for medical treatment when that treatment is an award for medical cannabis).
2. The decision of the Workers’ Compensation Court of Appeals filed on April 28, 2021, is affirmed in part without opinion on the remaining issues addressed in that decision. See Hoff v. Kempton , 317 N.W.2d 361, 366 (Minn. 1982) ("Summary affirmances have no precedential value because they do not commit the court to any particular point of view. They do no more than establish the law of the case.").
3. Respondent Michael D. Warhol is awarded $3,500 in attorney fees.