A great deal of uncertainty has surrounded employers’ obligations under the OSHA “vaccine or testing” regulation (the “OSHA ETS”) and the Centers for Medicare and Medicaid Services (“CMS”) interim final rule (the “CMS IFR”) requiring certain health care providers to ensure that its employees are vaccinated for COVID-19. With two recent orders from the U.S. Supreme Court, some of that uncertainty has been removed. The Supreme Court issued an order on January 13, 2022,... Read more →
This news blast is to remind you that the presumption applicable to COVID and Minnesota workers’ compensation law ended at 11:59 PM on December 31, 2021. We have previously issued announcements concerning the COVID presumption as contained in Minn. Stat. §176.011, Subd. 15(f). Please check our website for more information. The presumption that took effect in April 2020, has now ended. For injury dates from April, 2020, through the end of 2021, an employee is covered by the... Read more →
Congratulations to attorneys Thomas Jensen, Lauren Hoglund and Paralegal Elizabeth Morris for successfully obtaining a complete defense verdict for their client at a recent jury trial in Dakota County District Court. Plaintiff alleged that the defendant chiropractor breached the standard of care by failing to diagnose, and continuing to treat with chiropractic adjustment, Plaintiff’s cervical region that included a herniated disc. Defendants were found not negligent, with the jury... Read more →
Paul Peterson and Matt Sloneker obtained the dismissal of a federal lawsuit alleging civil rights violations and other claims against a Tribal Court-appointed guardian ad litem. The court found that guardians ad litem are entitled to absolute quasi-judicial immunity for the performance of their court-appointed duties, and dismissed all claims.
WORK COMP MEDICAL CANNABIS AWARD PREEMPTED BY FEDERAL LAW On October 13, 2021, the Minnesota Supreme Court issued a decision in the case, Musta v. Mendota Heights Dental Center, overturning an award of medical cannabis to an injured employee. (note there was a companion case with the same result on the same day, Bierbach v. Digger's Polaris). The Court determined the Federal Controlled Substances Act, which... Read more →
Brandon Meshbesher has been appointed to the Minnesota State Bar Association’s (MSBA) Court Rules and Administration Committee. Committee members are appointed by the MSBA President and have diverse backgrounds with respect to type of practice, practice area, geographic location, and years in practice. The purpose of the committee is to study and recommend changes or comments in matters of court rules, administration, or policies in any subject area except those covered by the Professional... Read more →
Lind Jensen Sullivan & Peterson is pleased to welcome new associate Lauren M. Hoglund to the Firm. Lauren focuses her practice on advising and defending clients in complex litigation in a variety of industries, including insurance defense, medical malpractice and employment law. She received her undergraduate degree from the University of St. Thomas and her Juris Doctor from Mitchell Hamline College of Law. After graduating from law school, Lauren served as a law clerk for the... Read more →
On July 19, 2021, shareholder Katie H. Storms was sworn into the State Bar of Wisconsin. Please join us in congratulating her on this accomplishment. She joins several other members of our firm, also licensed to practice in the Badger State. Lind Jensen Sullivan & Peterson, P.A., has also has attorneys licensed to practice law in Illinois, Iowa, North Dakota, South Dakota, and Michigan. We pride ourselves on being a boutique law firm, centrally located in the Upper Midwest, and able... Read more →
Timothy Jung is editor of the Workers’ Compensation chapter of the Minnesota Insurance Law Deskbook. He recently drafted an update for 2021, and that update has now been published and is available at Minnesota Continuing Legal Education. Minnesota State Board of Continuing Legal Education | (mn.gov)
2021 Minnesota Super Lawyers: William L. Davidson, Appellate Mark A. Fredrickson, Personal Injury General Defense Thomas D. Jensen, Civil Litigation Defense Patrick J. Larkin, Construction Litigation Richard A. Lind, Civil Litigation Defense Paul C. Peterson. Professional Liability Defense - Top 100 Matthew D. Sloneker, Civil Litigation Defense Eric J. Steinhoff, Civil Litigation Defense Brian A. Wood, Personal Injury General Defense 2021 Minnesota Rising... Read more →
On May 18th, Timothy Jung presented to the League of Minnesota Cities on application of Minnesota’s Workers’ Compensation treatment parameters, including a discussion of Leuthard v. ISD 912, a decision of the Minnesota Supreme Court, in which our client prevailed.
Timothy Jung, Molly de la Vega, and João Medeiros secured for the firm’s client a favorable result in a decision by the Minnesota Supreme Court, published April 28th. In Leuthard v. Independent School District 912 – Milaca, the Minnesota Supreme Court reversed the WCCA and reinstated the compensation judge’s Findings and Order denying certain treatment as outside applicable treatment parameters and not reasonable and necessary. This decision preserves the value of Minnesota’s... Read more →
On a Friday morning on March 15, 1991 heading into a St. Patrick’s Day holiday weekend, a light went on in an office on the 39th floor of the IDS Tower, and Rick Lind, Tom Jensen, and Ted Sullivan officially opened Lind, Jensen & Sullivan, PA for business. Beth Morris and Tim O’Connor joined them soon thereafter, with Paul Peterson and yours truly making it in the door not too long before an incredible one-year anniversary party. The firm was small, but the attitude was big. A... Read more →
Workers' Compensation Laws Regarding Covid -19 Vaccine Timothy P. Jung – email@example.com Mark A. Fredrickson – firstname.lastname@example.org Katie H. Storms – email@example.com Molly H. de la Vega – firstname.lastname@example.org
Timothy Jung presented this program at the March 10, 2021 Safety Council meeting of the Minnesota Trucking Association.
Michael Burke and Brandon Meshbesher recently published an article in Bench & Bar MN Magazine titled, Click it or Zip it: It’s Time to Rethink the Seat-belt Gag Rule, BENCH & BAR MINN. (Jan. 4, 2021), available at https://www.mnbar.org/resources/publications/bench-bar/articles/2021/01/04/click-it-or-zip-it-it-s-time-to-rethink-the-seat-belt-gag-rule
Jack plans to spend time continuing tutoring elementary school kids in the Minneapolis Public Schools in reading. He also looks forward to improving his tennis serve and reducing his golf slice. Once the pandemic ends he looks forward to traveling with his wife Reg, and spending time with his two daughters.
On December 16, the Equal Employment Opportunity Commission issued updated guidance relating to an employer’s potential right to require employee vaccinations. Attached is an update Lind, Jensen, Sullivan & Peterson prepared discussing the EEOC’s newest guidance and other considerations as employers evaluate whether they can, or should, mandate employees to get a Covid-19 vaccination. COVID-19 Guidance re Vaccinations - Employer Update
On December 7th Timothy Jung presented arguments to the Minnesota Supreme Court on behalf of a self-insured client. The case addressed an important doctrine of Minnesota Workers’ Compensation law, including the evaluation of reasonable and necessary medical care and application of treatment parameters made effective in 1995.
Jason Prochnow & Ryan Myers helped a WI Municipality obtain a Finding of No Probable Cause of Discrimination in response to alleged Age Related Discrimination Claims following an employee discharge.
On December 4th Timothy Jung will be presenting at the 2020 Workers’ Compensation Deskbook Seminar. Tim will be leading a panel discussion regarding legal presumptions in occupational disease cases. These presumptions may apply, depending on a number of factors, to certain listed occupations involving heart disease, cancer, infectious disease, COVID-19 and Post Traumatic Stress Disorder. The online live program is December 4th with an online replay January 15th.
Attorneys Mark Fredrickson and Michael Burke successfully defeated wrongful-death claims alleging that a school district breached its duty to supervise and warn students and parents about a non-school sanctioned game called “Nerf Wars.” The lawsuit further alleged that the school district failed to execute or adopt anti-Nerf War policies or train on-campus adults to monitor students. The decedents were involved in an off-campus car accident after school let out for the day. In... Read more →
Attorneys Eric Steinhoff and Michael Burke successfully defeated claims for breach of easement, trespass, and statutory violations of Wis. Stat. §§ 182.017(5) and 26.09. In dismissing the case with prejudice, the Douglas County (Wisconsin) Circuit Court Judge found that Plaintiff failed to put forth evidence that he owned to the center line of the roadway as opposed to the public right-of-way. Boad S. Swanson v. CenturyTel of Northwest Wisconsin, LLC, 2019CV112 (Wis. Cir. Ct. Nov. 4,... Read more →
Attorneys Katie H. Storms and João C.J.G. Medeiros prepared an amicus brief to the Minnesota Supreme Court on behalf of the Minnesota Defense Lawyer’s Association (MDLA). The Minnesota Supreme Court issued its opinion on August 12, 2020, fully affirming the position of the Respondent and amicus. Specifically, the Court held that a health care provider who voluntarily declines to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of the... Read more →
2020 Minnesota Super Lawyers: William L. Davidson, Appellate Mark A. Fredrickson, Personal Injury General Defense Thomas D. Jensen, Civil Litigation Defense Patrick J. Larkin, Construction Litigation Richard A. Lind, Civil Litigation Defense Jack D. Moore, Civil Litigation Defense Timothy J. O’Connor, Civil Litigation Defense Paul C. Peterson. Professional Liability Defense Matthew D. Sloneker, Civil Litigation Defense Eric J. Steinhoff, Civil Litigation... Read more →
Patrick Larkin, Brandon Meshbesher, Eric Steinhoff, and Rick Lind authored an article titled The Business Interruption Pandemic Claims for business interruption loss coverage in the wake of covid-19, which is featured in the July 2020 issue of Bench and Bar Minnesota. Article
A huge congratulations to Ryan Myers for being promoted to Shareholder at Lind Jensen Sullivan & Peterson P.A.
A huge congratulations to Molly de la Vega for being promoted to Shareholder at Lind Jensen Sullivan & Peterson P.A.
Lind Jensen Sullivan and Peterson welcome; Shareholders Ryan C. Ellis, Jennifer M. Waterworth, Paralegals Nicole Kvarnlov, Kathy Mullholland, and Legal Assistant Kimberly McKenzie. All are joining the firm from Gislason and Hunter LLP.
On April 7, 2020, Governor Walz signed a bill put forth by the state legislature creating a presumption that certain categories of employees who contract COVID-19 are entitled to workers’ compensation benefits. In COVID-19 and Work Comp Update - Legislature Passes New Presumption, we take an in-depth look at the new legislation and what it will mean for employers and insurers moving forward. This law is effective April 8th, and covers injuries from April 8, 2020 through May 1, 2021. We... Read more →
Last night, on April 1, the U.S. Department of Labor issued a temporary rule that provides further detail about how to interpret the Families First Coronavirus Response Act (FFCRA). As you know, the FFCRA became effective yesterday. An introduction and overview of the temporary rule, along with links to other helpful resources and information from the DOL can be found here: https://www.dol.gov/agencies/whd/ffcra The DOL’s press release relating to the new temporary rule can be... Read more →
The COVID-19 pandemic has had and will continue to have drastic impacts on the economy and many businesses will experience steep financial losses. It is anticipated many businesses will look to their first party property coverage and try to assert claims for business interruption or business loss coverage. Here is an article highlighting the issues that will be prevalent for such claims: COVID 19 Business Interruption Insurance
Late Thursday night March 26 and again on Friday March 27, the U.S. Department of Labor issued updated guidance as to its interpretation of the Families First Coronavirus Response Act (FFCRA). Update 9 DOL Guidance Update RE Families First Coronavirus Response Act March 30, 2020-125475 is an update as to some common questions and answers you might have concerning the new requirements of the FFCRA, which becomes effective April 1. Please contact our employment legal team if you have... Read more →
On March 24, 2020, the United States Department of Labor issued some guidance for employers regarding the Families First Coronavirus Response Act. Importantly, the guidance states that the effective date of the Families First Coronavirus Response Act is APRIL 1, 2020, not April 2, 2020, as initially expected. Our lawyers have summarized the DOL’s guidance here, DOL Guidance RE Families First Coronavirus Response Act Released March 2... Please do not hesitate to contact our employment team... Read more →
Last night, President Trump signed into law the Families First Coronavirus Response Act, implementing bipartisan legislation and changes underscored in the Emergency Family and Medical Leave Expansion Act in response to the recent pandemic. So, what does that mean for you - as an employee and as an employer? At Lind, Jensen, Sullivan, & Peterson, P.A., we are committed to providing you with information to help you make the right decisions both personally and professionally, and we're... Read more →
As Minnesota takes steps to respond to the COVID-19 pandemic, measures are being taken to provide relief to employers and service providers throughout the state. On March 21, 2020, Governor Walz issued two new Executive Orders (11 & 12) that gives the Department of Human Services (DHS) the power to modify and waive existing requirements to allow in-state programs to better provide service to those in need. In DHS Given Power to Waive or Modify Requirements by Executive Order - Employment... Read more →
As employers around Minnesota are facing difficult decisions due to the COVID-10 pandemic, we have prepared an updated resource to assist you as your organizations analyze difficult decision. In Furlough v. Layoff - Employment Update, we examine the difference between a furlough and layoff, what those processes generally look like, and identify some common issues that can arise (including COBRA notices, WARN notice, requirements under the Older Workers Benefit Protection Act, etc.) Please... Read more →
Eric Steinhoff successfully upheld a dismissal of a claim against his client when the South Dakota Supreme Court affirmed the dismissal in a case involving Federal Government education dollars embezzled by an individual who then committed multiple murders and suicide. The Court agreed that the Plaintiffs’ claim that the embezzled money would have provided them additional services under the program if it had not been stolen was properly dismissed because the Plaintiff’s did not have... Read more →
While Minnesota reacts to the Coronavirus pandemic, Governor Walz has issued Executive Orders to help the State respond. In Executive Orders Re Commerical Carriers and Executive Branch Employees - Employment Guidance Update, we analyze Executive Orders 20-06 and 20-07. Executive Order 20-06 aims to provide motor carriers and drivers in Minnesota relief as they help with emergency relief measures. Certain limitations, including weight and hours of service, have been modified to allow... Read more →
As the reality of doing business in the midst of the COVID-19 pandemic is becoming known, employers are having to take a hard look at their options in these trying times. In Coronavirus Layoff Guidance - Employment Guidance Update, we address common questions you may be asking while weighing your options. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal guidance on... Read more →
In response to the COVID-19/coronavirus pandemic, the U.S. House of Representatives passed the Families First Coronavirus Response Act (FFCRA) (H.R. 6201) on March 14, 2020. In Families First Coronavirus Response Act - Employer Guidance Update, we address what FFCRA will mean for employers and employees. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal relief... Read more →
COVID-19 is changing (temporarily) how we do business. With these changes many employment questions arise: can we take the temperatures of our employees? Can we send people home who are sick? Can we stop our employees from traveling? And so on. We at Lind Jensen Sullivan & Peterson are here to help. In COVID-19 Employment FAQs, we address the most common questions you will likely face. As with anything right now, things are changing by the day and hour. We encourage... Read more →
What is COVID-19? COVID-19 is a novel coronavirus, a new strain identified in 2019. It is different than coronaviruses that are common in the community. These have been in our midst since the mid-1960s. We have had severe strains in the past, some of which you may have heard of including SARS and MERS. The term corona is used because the virus has a crown-like spike on its surface. COVID-19 was first identified in Wuhan, China and since has spread throughout the world. This... Read more →
Attorney Michael Burke obtained an order dismissing negligence-based claims against a general contractor. The Plaintiff alleged that the general contractor’s duty of care extended to areas beyond the construction zone. In dismissing the case, the court found that Plaintiff failed to put forth evidence necessary to support his claims and reaffirmed that a construction company’s duty of care does not include areas beyond the construction zone. Johnson v. Mathiowetz Constr. Co., Court... Read more →
Michael Burke authored an article titled Practical and Ethical Pitfalls of Audio Recording Neuropsychological Examinations, which is featured in the Winter 2020 issue of Minnesota Defense magazine. The article addresses the mechanics of obtaining an order for examination and provides guidance for combating situations in which an injured party objects to undergoing a neuropsychological IME absent an audio recording.... Read more →
Michael Burke has co-authored an article titled The Advocacy Preferences of Construction Arbitrators, which is featured in the Winter 2020 issue of the Journal of the American College of Construction Lawyers. The article surveys 231 experienced construction arbitrators throughout the United States in order to uncover what advocacy techniques arbitrators find to be persuasive, and similarly, what techniques arbitrators find to be unpersuasive. As the editor’s note states, “this analysis... Read more →
Attorneys Patrick Larkin and Michael Burke obtained an order from the court dismissing with prejudice all claims made under the Family Medical Leave Act and the Minnesota’s Whistleblower Act. Olinger v. Renville Cty. Hosp. & Clinics, 2019 WL 5901379 (D. Minn. Nov. 12, 2019) (ECT/TNL).
Attorneys Brian Wood and Michael Burke obtained an order from the court dismissing with prejudice a more than quarter-million dollar contribution and indemnity claim pertaining to a damaged wind turbine. Juhl Energy, Inc. v. G. NcNeilus, LLC et al., Dodge Court File No. 20-CV-18-146 (Oct. 29, 2019).
Nicholas Rauch has an article titled 'Counteranchoring: An Important Thought Before Trial' that was published in the DRI The Voice see attached article.http://www.dri.org/docs/default-source/webdocs/the-voice/2019/voice_11_20_19.pdf?sfvrsn=2