Great news for Minnesota’s first responders! A bill has been passed by both the House and Senate, and is expected to be signed by the Governor, that adds additional workers’ compensation rights for our state’s first responders who are suffering from mental illness.

House Bill HF 3873 and the companion Bill in the Senate SF3420 have both passed with overwhelming support, and the bill is expected to be signed by Governor Dayton. The portion of the bill as it relates to first responders and post-traumatic stress disorder (PTSD) will take effect January 1, 2019.

This bill has been in the works for a few years now, but finally had enough support to pass. While it won’t necessarily have a significant impact on people who are currently in the Minnesota workers’ compensation system, we expect that it will make a major difference to those who find themselves struggling with work-related PTSD in the future.

Jen Yackley, of Meuser Law Office, P.A., was honored to be invited to present this year as a faculty member at the 2018 Workers’ Compensation Institute, hosted by Minnesota Continuing Legal Education.

Jen and defense attorney Mark Kleinschmidt of Cousineau, Waldhauser and Kieselbach, P.A, sat on the same side of the table for a change to present to their peers on the topic of Landmines in Drafting Stipulations for Settlement, from both a plaintiff attorney’s perspective, and a defense attorney’s perspective.

When a Minnesota workers’ compensation case settles, the settlement is memorialized in a special type of contract called a Stipulation for Settlement, which sets forth the terms of the agreement. This type of contract is unique in that it requires a Workers’ Compensation Judge to review and approve the contract. Jen and Mark discussed ways to avoid stipulation drafting issues that might cause a judge to not approve a Stipulation for Settlement. They also discussed issues that come up in terms of ambiguity in a Stipulation for Settlement. The goal of drafting a Stipulation for Settlement – or any contract for that matter – is to ensure that it accurately reflects the agreement of the parties. You don’t want an issue to come up years later leading to a dispute regarding what the parties intended when they settled. Jen and Mark also discussed issues in drafting a Stipulation for Settlement regarding third party rights, such as intervenors, government agencies, and Medicare.

Settlements in the Minnesota workers’ compensation system are extremely common, and there are many different ways to approach settlement of a workers’ compensation case. Even after the parties get to “yes;” however, it’s important that the Stipulation for Settlement is carefully drafted to accurately reflect the agreement of the parties, and to protect an injured worker’s future rights.

Jen’s broad deep knowledge of the nuanced areas of Minnesota workers’ compensation law make her an excellent advocate on complex cases. For a free, no obligation to learn more about your rights under the Minnesota Workers’ Compensation Act, contact Meuser Law Office, P.A. Call us today at 1-877-746-5680.