News & Events

MN Work Comp Connection – A Podcast collaboration between Brown & Carlson, PA and Mottaz and Sisk

Brown & Carlson, PA is pleased to partner with Mottaz & Sisk to produce the MN Work Comp Connection!  This is a podcast dedicated to discussing all things related to navigating and litigating Minnesota Workers’ Compensation claims.  New episodes will be published periodically on a variety of topics and issues.  MN Work Comp Connection will feature enlightening conversations with amazing people in the industry. Our first episode “The Dichotomy Between Employer and Injured Worker in MN Workers’ Comp” is now available! Listen below or find episodes on your favorite podcast player, including iTunes, Spotify and Audible.

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!

Insight Newsletter

Employers and Insurers are NOT Required to Reimburse Injured Employees for the Cost of Medical Cannabis

Sobczak v. Walmart Stores, Inc: Vague Stipulation Language

 Sayler v. Bethany Homes: Vacating Stipulations for Settlement

 Vaccination Mandates and Workers’ Compensation Liability

 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.