Workers’ Compensation Court of Appeals Digest

Minnesota Lawyer//April 16, 2026//

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Minnesota Lawyer//April 16, 2026//

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Workers’ Compensation

Vacation

On the basis of a mutual mistake of fact, employee petitions the court to exercise its authority under Minn. Stat. § 176.461, to vacate and set aside prior awards, orders, and judgments. The Workers’ Compensation Court of Appeals concluded that the failure by all parties to take into consideration additional hours and wages earned by the employee in the 26 weeks preceding her date of injury, and the ongoing reliance on the incorrect average weekly wage, constituted a mutual mistake of fact warranting the vacation of an award on stipulation limited only to the stipulated average weekly wage, and the vacation of a findings and order, and amended findings and order, limited only to the stipulated average weekly wage. Petition to vacate granted.

WC25-6614 Dutton v. Clinical Benefits Grp.