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.