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HIRSCH v. BARTLEY-LINDSAY CO.

Nos. C6-94-871, C1-94-1927 and C0-94-2261.

537 N.W.2d 480 (1995)

Ronald C. HIRSCH, Relator, v. BARTLEY-LINDSAY COMPANY, and Aetna Life & Casualty Company, Respondents. Michelle J. SUHSEN, Relator, v. CARLSON MARKETING GROUP and Reliance Insurance Company (Administered by Crawford & Company), Respondents. Charles NELLERMOE, Relator, v. INDEPENDENT SCHOOL DISTRICT #11, Self-Insured/DCA, Inc., Respondent.

Supreme Court of Minnesota.

September 8, 1995.

Attorney(s) appearing for the Case

Thomas Mottaz, Anoka, Douglas Peine, St. Paul, for Ronald Hirsch.

Thomas D. Mottaz, Anoka, for Michelle J. Suhsen.

John T. Anderson, Jr., Minneapolis, for Charles Nellermoe.

Charles S. Bierman, Minneapolis, for Bartley-Lindsay.

Nell Elizabeth Mathews, Karen Imus Johnson, Minneapolis, for Carlson Marketing.

Terry J. Battaglia, Minneapolis, for Independent School District No. 11, DCA, Inc.

Louise Dovre Bjorkman, David Schooler, Minneapolis, amicus curiae for MN Defense Lawyers Assoc.

Wilbur W. Fluegel, Minneapolis, Mary E. Kohl, Minneapolis, amicus curiae, for MN Trial Lawyers Assoc.

Gilbert S. Buffington, Attorney General's Office, St. Paul, amicus curiae for Commissioner of Labor & Industry.

Thomas F. Gilde, St. Paul, amicus curiae, for Blue Cross & Blue Shield of Minnesota Comprehensive Management Care.

Considered and decided by the court en banc.

OPINION

TOMLJANOVICH, Justice.

The employees in these three cases challenge the validity of durational limitations on medical treatment contained in the Emergency Rules Relating to Workers' Compensation Treatment Parameters.

Ronald Hirsch sustained a compensable low back injury on June 23, 1989, while working for Bartley-Lindsay Company, then insured for workers' compensation liability by Aetna Life & Casualty Company. Hirsch initially sought...

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