News & Events

Eric Hayes and Sean Abernathy defeat penalty claim

Attorneys Eric Hayes and Sean Abernathy were able to successfully defeat a penalty claim initiated by a claimant and her attorney.  In support of the alleged penalty claim, the employee testified that because her settlement check was late, she was entitled to several thousands of dollars in penalties.  Buttressing the theory that she was entitled to a large penalty were images of the envelop eventually delivered to her by US mail carrying the settlement check.   The envelope had “date stamps” showing when it was processed by various mail facilities.  The employee’s theory was that the employer/insurer could have manipulated the envelope’s date stamps in an effort to cover up its “negligent” actions in issuing the check late.  However, the court disregarded those theories as unpersuasive, relying in part on the testimony of the adjuster who credibly testified about the process of issuing settlement checks, documentation showing accurate payment timeframes and proof that all the other settlement checks to interveners were sent and received timely.  The court denied all penalty claims in their entirety for Eric and Sean’s client.

We’re Hiring! Associate Attorney Position

Brown & Carlson, P.A. is a 27-attorney, AV rated, insurance defense law firm in the St. Louis Park area seeking to add a talented attorney to our busy Workers’ Compensation practice.  The ideal candidate would have 2-6 years of workers’ compensation experience.  Our growing firm provides a full array of benefits and a great working environment, including flexible remote work opportunities.  Culture is a key component to our workplace, making us a Star Tribune Top Workplace winner the past 7 years.  A strong work ethic and ability to thrive in a team-oriented atmosphere are qualities we seek.  The position is a great opportunity for attorneys who wish to develop strong, well-rounded litigation and advocacy skills and to grow a robust network of business contacts.  Our firm is dedicated to creating a collegial, diverse workplace.  We offer a competitive compensation package and seek partnership track candidates.  Please email resume and cover letter to Barbara Romanko, bromanko@brownandcarlson.com.

Brown & Carlson is an equal opportunity employer.  We do not discriminate on the basis of race, color, religion, marital status, age, national origin, ancestry, physical or mental disability, medical condition, pregnancy, genetic information, gender, sexual orientation, gender identity or expression, veteran status, or any other status protected under federal, state, or local law.

Brown & Carlson Volunteers with Feed My Starving Children

Brown & Carlson employees and family members volunteered at Feed My Starving Children helping to pack 176 boxes of food, which contained 38,016 meal which will feed 104 kids daily for a year. Getting involved in our community is a companywide value at Brown & Carlson.

Celebrating 20 Years

Congratulations to David McDonnell Forney on achieving 20 years of exemplary work service with Brown & Carlson!  David takes his Mail Clerk position very seriously and the firm appreciates that level of professionalism.  Over the years, David expanded in his role to include paper management, which gave him the opportunity to move around the office more and allowed our staff more opportunities to get to know him better.   We appreciate David for his positive attitude toward work and for inspiring others to do their best.  We are sincerely grateful to Kaposia for introducing us to David and providing us the opportunity to have him join our team back on March 16, 2003.  We look forward to celebrating many more milestones with David. 

Senior Shareholder Annual Retreat

Our Senior Shareholders had a great time in Seattle during their annual retreat where they discussed the past year, long-term planning, upcoming goals, and future objectives.

Women of Work Comp Event

Brown & Carlson attorneys Gina UhrbomMandi Irkfetz , and Beth Butler joined other Women of Work Comp (WOWc) on a St. Croix boat cruise.  This was a wonderful opportunity to spend time connecting with our peers and colleagues for networking, collaboration, and fun. Brown & Carlson culture ensures its attorneys numerous such opportunities throughout the year to promote collegiality.

Brown & Carlson Welcomes New Attorneys

Brown & Carlson welcomes new associate attorneys Eric Behr, Beth Butler, and Christiaan van Lierop

Eric Behr received his law degree from University of St. Thomas School of Law where he was a member of the intellectual property moot court team.

Beth Butler is a zealous advocate for her clients and has over 5 years of experience in the Workers’ Compensation field. Beth was named a 2022 Super Lawyer Rising Star

Christiaan van Lierop received his law degree from Mitchell Hamline School of Law. Christiaan has experience in Workers’ Compensation with both pursuing and defending claims.

Insight Newsletter

Past Articles

2022

COVID-19 Statutory Presumption Has Been Extended

Identifying Medicare Advantage Plans In Workers’ Compensation Claims 

Getting the Proposed MSA Before Negotiating

2021

COVID-19 Sunset Provision and the Future of COVID-19 Related Claims

Mental Health Claims Related to Non-Compliance with Covid-19 Vaccine Mandates

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

2020

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…

2019

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

2018 and Older (Archive)

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.