Noga v. Minnesota Vikings Football Club, A18-1685

Published: Feb. 6, 2019, 3 p.m.

b'Alapati Noga played football for the Minnesota Vikings through the 1992 season. He also played professionally for two other NFL teams and played arena football. Noga eventually developed neurological conditions.\\n\\nIn 2015, Noga filed a claim petition for workers\\u2019 compensation benefits from the Vikings, based on an asserted Gillette injury to the head. See Gillette v. Harold Inc., 101 N.W.2d 200, 204 (Minn. 1960). The Vikings asserted a number of defenses, including lack of notice about the injury and failure to file the claim within the statute of limitations.\\n\\nThe compensation judge concluded that Noga suffered a Gillette injury and rejected the Vikings\\u2019 notice and statute of limitations defenses. The Workers\\u2019 Compensation Court of Appeal (WCCA) affirmed in a split-decision.\\n\\nOn appeal to the supreme court, the issues presented are: (1) whether the WCCA erred and abused its discretion when it concluded that the statute of limitations did not bar the employee\\u2019s claim; (2) whether the WCCA erred in deciding that notice was provided to the employer in a doctor report from 2004 that predominantly concerned orthopedic injuries; and (3) whether the WCCA erred in concluding that a Gillette injury had occurred and culminated on December 1, 1992. (Workers\\u2019 Compensation Court of Appeals)'