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Part Three—A Look At The Case Law: What Is An “Unjustified” Action Under The Minnesota Animal Cruelty Statute?
In this third article of a five-part series on animal cruelty, we will learn what is considered an “unjustified” action in Minnesota. To prove animal torture or cruelty, the State must provide evidence that shows beyond a reasonable doubt the… Read more »
Part II: Post-Traumatic Stress Disorder in Minnesota Work Comp is an Occupational Disease, Not a Specific Mental Injury
This second article in a two-part series on Post-Traumatic Stress Disorder work comp claims examines how the courts should interpret PTSD claims in the context of the Minnesota Workers’ Compensation statute. The first article explained why the date of injury in work… Read more »
A Brief History Of The Animal Cruelty Standard In Minnesota
CONTENT: In this second article of a five-part series on animal cruelty, we will look at the history of animal cruelty laws in Minnesota. Early Standard Animal cruelty laws did not exist at common law; rather, such laws are statutory… Read more »
Part I: Post-Traumatic Stress Disorder in Minnesota Work Comp is an Occupational Disease, Not a Specific Mental Injury
Under the Minnesota Workers’ Compensation Act, in particular Minnesota Statute § 176.011, subdivision 15, Post-Traumatic Stress Disorder (“PTSD”) is defined as an occupational disease. Because PTSD is defined as an occupational disease, the date the employee became disabled is the date of injury,… Read more »
What Constitutes Justifiable Action under the Minnesota Animal Cruelty Statute?
The law in Minnesota regarding dog bites is favorable to dog bite victims. The law covers bites and other injuries, incorporates an expansive definition of “owner,” including someone who merely harbors or keeps the dog, and it is not subject to the comparative negligence… Read more »
I Separated from My Employer Because I was Approved for PERA, Am I Still Entitled to Work Comp Benefits?
Retirement is a bad word for injured workers in workers’ compensation. If an employee retires then he or she cuts him or herself off from access to many types of Minnesota workers’ compensation benefits. Retirement means that an employee is removing him or… Read more »
What Types of Questions Should You Expect in a Deposition?
A deposition is an informal question and answer session that typically takes place outside of the courtroom at one of the attorneys’ offices. It is taken under oath and there is a court reporter present, who records everything that is said by… Read more »
Subrogation in Third-Party Claims
When a third-party causes an employee’s injury and that injury arises out of the course and scope of the employment with the employer, then the employee may have a worker’s compensation claim as well as a civil claim arising out… Read more »
Did My Employer Correctly Calculate My Average Weekly Wage?
Average Weekly Wage (AWW) is the rate used to determine compensation in the Minnesota work comp system, including temporary total, temporary partial, and permanent total disability benefits. You may see your average weekly wage displayed on your First Report of Injury, Notice of… Read more »
Q&A: Family Medical Leave Act
At Meuser Law Office, P.A., we regularly have employees come to us with questions regarding the Family and Medical Leave Act (FMLA). This law involves an employee’s entitlement to leave, maintenance of health benefits during leave, and their ability to get… Read more »