News & Events

Attorneys Eric Hayes and Fritz Hauschild defeat complicated contribution claim

Attorneys Eric Hayes and Fritz Hauschild were able to successfully defeat a contribution claim initiated by a co-defendant and supported by the employee.  In support of the alleged contribution claim, both the employee and the co-defendant obtained separate orthopedic opinions buttressing the theory that the employee’s current knee condition actually related back to the original knee injury, and not to the more recent injury being defended by the co-defendant.  However, the court disregarded those opinions as unpersuasive, relying in part on the testimony of the employee on cross-examination that he had no pain for approximately 10 years after the original injury.  The result eliminated any current or ongoing exposure for Eric and Fritz’s client, and assigned 100% of the liability for the employee’s current knee condition to the more recent alleged injury being defended by the co-defendant.

Order Governing the Continuing Operations of the Minnesota Judicial Branch due to COVID-19 Pandemic issued by Minnesota Supreme Court

The Minnesota Supreme Court issued an Order Governing the Continuing Operations of the Minnesota Judicial Branch due to COVID-19 Pandemic. The following practice modifications apply to civil district court proceedings:

– Courts will continue to process cases.

– No civil jury trials will occur from November 20, 2020, until February 1, 2021.

– All civil proceedings will occur via remote technology unless the Chief Judge grants an exception for in-person proceedings.

– No person attending a proceeding may record the proceeding; the only permitted recording is the official recording created by the court and via media upon meeting specific criteria.

New Senior Shareholder and Shareholders

Brown & Carlson is pleased to announce Nicholas J. Micheletti has been added as a Senior Shareholder.  Nick’s trial skills, client relationships, leadership, and character qualities all contributed to his promotion.

In recognition of their contribution to Brown & Carlson, are pleased to announce Sean M. Abernathy and Kathryn L. Hammers have added as Shareholders.

We look forward to their contribution to the future success of the firm and their role in ensuring that our mission to provide unmatched legal services to our clients will be preserved for years to come.  Congratulations Nick, Sean and Katie!

Addition of Associate Attorneys

Brown & Carlson is pleased to add Ashley R. Menzel and Kyle S. Hoffmeister to our staff of attorneys.  Ashley and Kyle will focus mainly in the area of workers’ compensation.  Congratulations Ashley and Kyle!

Brown & Carlson Employees Give Gift to People Serving People

On behalf of the Senior Shareholders at the employees of Brown & Carlson generously took up collection for a donation to People Serving People. The gift was presented to the shareholders at the annual Holiday Party held on December 13th at Green Acres Event Center in Eden Prarie.

shareholders donation

Pictured above  from left to right are Doug Brown, Gina Uhrbom, Eric Hayes, Tom Maguire, Carrie Jacobson, Greg Broos, and Mark Pryor after receiving their ornaments commemorating the gift to People Serving people.

A new Senior Shareholder, Nicholas Micheletti, was also announced at the Holiday Party.

Penny Helgren wins at the Supreme Court

July 31, 2019 – the Minnesota Supreme Court issued a Decision reversing the Minnesota Workers’ Compensation Court of Appeals (W.C.C.A.) with regard to Noga v. Minnesota Vikings Football Club.  The Supreme Court determined that the Employee’s claim was barred by the statute of limitations under Minn. Stat. § 176.151.  The Employee failed to file a claim within six years from the date of the alleged injury.  Minn. Stat. § 176.151 (a).  The Supreme Court concluded that nothing suggested that, at the time the Vikings provided care to the Employee, the Vikings knew, or should have known, that the Employee would develop the dementia injury.  The Supreme Court held that a proceeding that satisfies the statute of limitations must arise out of the Employer’s awareness of an obligation of the benefits provided.  Read more.

ArcBest Workers’ Compensation Legal Conference

On April 8, 2019, Attorneys Richard Plagens and Darren Glur attended the ArcBest Workers’ Compensation Legal Conference at the corporate headquarters of ArcBest in Fort Smith, Arkansas.  ArcBest is the self-insured parent company of ABF Freight, a valued Brown & Carlson client.  There were 34 attorneys from 24 States attending the Conference.  Richard and Darren were able to learn more about the Company’s practices and procedures regarding workers’ compensation claims and their business in general.  They enjoyed gaining additional knowledge about ArcBest that will assist them in defending workers’ compensation claims and they were also intrigued by discussing workers’ compensation matters with attorneys from other jurisdictions.  ArcBest presented a first-class conference!

Darren Dick ArcBest

Insight Newsletter

Changes to MN Workers’ Compensation Laws

Leuthard v. ISD 912: The Treatment Parameters Escape from the Jaws of the Rare Case Exception

Working From Home or Living at Work

FROI Change in Requirements

Medical Cannabis – The Haze Clears

COVID-19 WC Presumption

What Claims Qualify Under COVID-19 Statutory Presumption

Healthcare Providers Must Intervene to Assert their Rights Under the Workers’ Compensation Act

Healthcare Providers Must Comply with New PTSD Treatment Parameters

Job Offer Refusal Does Not Otto-matically Discontinue TTD: An Analysis of WCCA Decision Otto v. Heartland Motor Co.

Ewing v. Print Craft: QRCs Beware…

Proposed Rule 5221.6700: Treatment Parameters for Post-Traumatic Stress Disorder (PTSD)

Recent Changes in Petitions for Reassignments/Affidavits of Prejudice

Noga v. MN Vikings Football Club – Employer Awareness of Obligation to Provide Benefits and the Statute of Limitations 

A Refresher Regarding Notices of Intention to Discontinue Benefits

Application of the Treatment Parameters to Disputed Medical Treatment:  Johnson v. Darchuks Fabrication, Inc.

New Exposure for Employers Under the Minnesota Human Rights Act

Employers and Workers’ Compensation Insurers Must Seek Reimbursement Rather Than Offset for Self-Funded Short Term Disability Payments

Medical Specialties in Traumatic Brain Injury Claims

Not all “Physicians” are created equal…at least not in the eyes (or ears) of the MN Workers’ Compensation System

“Lien-ing” Towards Compensability on Stairs Cases

If Stairway, Then Compensable?

The Spaeth Balance Rule and Medicaid:  Gist v. Atlas Staffing, Inc.

Statutory Update: PTD, TPD, PPD

When Other Laws Apply: The Intersection of Workers’ Compensation, FMLA and ADA Law

Contesting Bills Related to Medical Records

Stairway to Compensability

Current State of Stairs:  Compensable or Not

Halvorson v. B&F Fastener Supply Supreme Court Decision Re: Termination of Rehabilitation Services

New Law Re PTD Offsets

Kubis v. Community Memorial Hospital Association Supreme Court Decision

Medicare “Just Kidding” Language in Stipulations: Is the Joke On Us?

Recent Changes in the Law Regarding Termination of Rehabilitation Services: An In-Depth Look at the Halvorson Decision

Workers’ Compensation Laws in Minnesota a Practical Guide

When Doves Cry: New Rule Regarding Opioid Medication in MN Workers’ Compensation Cases

Self-Serving Testimony WCCA Decision Dahlgren v Johnson Carpet

Mn Supreme Court Decision Allan v. R.D. Offutt Co. [PPD Thresholds for PTD Cases]

Supreme Court Kainz Decision post Dykoff

Supreme Court’s Reversal in Dykoff v Xcel Energy 2013 Legislative Changes Discontinue Narcotic Medications PDF Late Notice Bars Employee’s Claims
[related material:] For the complete copy of the Supreme Court Findings A Short Primer on Dystonia

MRSA “Super Bug” and Workers’ Compensation Claims

Employee Handbooks Help Employers Avoid Potential Liability

Late Payment Penalties

Occupational Disease Claims

Social Media Defense Against Workers’ Compensation Claim

Frandsen Case Law Update

12+12 Rule of Passive Care

Social Security Benefit Increase

Workers’ Compensation Rates

OAH Summary of Procedure Changes

Questions?

Please contact us with any questions about how Brown & Carlson can help you.