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STATE OF MINNESOTA IN SUPREME COURT A08-55 Workers' Compensation Court of Appeals

G. Barry Anderson, J. Took no part, Magnuson, C.J.

Troels Botler, Relator, vs. Wagner Greenhouses and One Beacon Insurance Company, Respondents. Filed: August 21, 2008 Office of Appellate Courts

________________________ Donald W. Kohler, St. Paul, Minnesota, for relator. James S. Pikala, Arthur, Chapman, Kettering, Smetak & Pikala, Minneapolis, Minnesota, for respondents. ________________________

SYLLABUS 1. The workers' compensation courts have jurisdiction to award costs and fees

for the court appointment of a successor guardian or conservator in a proceeding on an employee's claim petition when the appointment of a guardian or conservator is required under the Workers' Compensation Act and the amount and reasonableness of the costs and fees are not in dispute. 1

2.

The Workers' Compensation Act does not authorize an award compensating

a guardian or conservator for services rendered nor the costs of an annual accounting to the Probate Court. Reversed and reinstated. OPINION ANDERSON, G. Barry, Justice. We review on certiorari a decision of the Workers' Compensation Court of Appeals (WCCA) vacating a decision issued by a workers' compensation judge for lack of jurisdiction. The workers' compensation judge awarded employee Troels Botler costs and fees for the court appointment of a successor guardian and conservator but denied his claim for payment of the additional costs associated with the successor guardian's and conservator's services. Concluding that the compensation judge had jurisdiction to award the costs and fees for the appointment of the successor guardian and conservator and that the Workers' Compensation Act does not provide for the additional relief sought, we reverse and reinstate the compensation judge's decision. On January 4, 2002, Troels Botler, an employee of Wagner Greenhouses, sustained serious injuries, including a closed-head injury, in a workplace accident. Wagner Greenhouses and its workers' compensation liability insurer, One Beacon Insurance Company (collectively Wagner), admitted liability and paid benefits. On

April 16, 2002, by district court order, Botler's spouse was appointed general conservator. Botler has resided in a nursing home since 2004, and Wagner has paid the costs for the nursing home as a medical expense. 2

On December 12, 2005, Botler filed a claim petition, seeking additional workers' compensation benefits, including permanent total disability benefits, as well as attorney fees and costs associated with his conservator. In September 2006, after Botler and his spouse divorced, Lutheran Social Services (LSS) was appointed successor general guardian and conservator by district court order. The LSS guardian provided services including monthly visits with Botler, working with nursing home personnel, attending quarterly care conferences, conferring with health care providers, making placement decisions, and taking responsibility for Botler's personal items. As conservator, LSS was responsible for gathering and managing Botler's assets. By the time Botler's claim was heard, the parties had settled claims related to additional compensation, and Wagner agreed to pay the costs and fees for the initial conservator appointment. The remaining issues identified by the workers' compensation judge for resolution were: (1) whether Minn. Stat.

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