News & Events

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 (retired) 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

Brown & Carlson celebrates “Movember”

In celebration of “Movember”, Brown & Carlson had a fundraising campaign. Numerous attorneys grew mustaches for the event to draw awareness for Men’s health issues. The event culminated in a Movember happy hour where the fundraising total of $1,971 was announced. A big thank you to all who contributed for this fun event

.movember

Brown & Carlson Hosts Annual Summer Seminar

This year’s seminar was held on July 25, 2018 at the Golden Valley Country Club. A number of attorneys from Brown & Carlson presented on the focus topic of TBI claims. Keynote speaker Uzma Samadani, MD PhD of Hennepin County Medical Center, and an Associate Professor of Neurosurgery at the University of Minnesota, presented on and shared a wealth of knowledge on current, and the future of, technologies in the field of brain injuries. Please contact Molly Hamilton for information on attending future seminars hosted by Brown & Carlson.

Employee Appreciation Bowling & Pizza Party

Brown & Carlson held our annual Employee Appreciation Bowling and Pizza party at Park Tavern. Jeff Carlson (Retired 2019)  got the highest single game score and was awarded the honor of having his name engraved on our trophy.

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.