Whitney Teel Authors Chapter in Book

Whitney Teel authored a chapter in “Workers’ Compensation Emerging Issues” 2019 Edition (WCEIA). Teel analyzed the 2019 trends in Minnesota Workers’ Compensation.


WCEIA is for sale at lexisnexis.com/WCEIA.com or 1-800-223-1940. This is an excellent treatise and an essential tool for risk managers and insurance professionals. The focus is on national and local issues involving Workers’ Compensation.


LexisNexis partners with the National Workers’ Compensation Defense Network (NWCDN) in the creation and publication of this book. NWCDN is a national consortium of firms dedicated to protecting the interests of employers and insurers in Workers’ Compensation cases. CWK is the Minnesota representative for NWCDN. LexisNexis is a premier publisher of textbooks and treatises for lawyers and judges

Natalie Lund and Elizabeth Cox Attend National Conference

Natalie Lund and Elizabeth Cox recently attended the national workers’ comp and disability conference and expo in Las Vegas. This is the largest industry conference and trade show in the nation. While in Las Vegas, Lund and Cox represented CWK at functions sponsored by the premier defense network, the National Workers’ Compensation Defense Network (NWCDN).


The NWCDN will be holding a regional conference in Charlotte, NC on May 29, 2020 with a cocktail reception on May 28,2020. The conference will be held at the Charlotte Marriott City Center, 100 West Trade Street, Charlotte, NC. For more information contact Sheri Mead, NWCDN Executive Director, Sheri@meadandco.com. or CWK’s Tom Kieselbach, NWCDN President, Thomas.Kieselbach@cwk-law.com.


The NWCDN will hold its annual national conference in Philadelphia on October 1, 2020 with the cocktail reception on September 30, 2020. Mark this on your calendar.

CWK adds Two New Associates

We are pleased to announce that Andrew Carballo and Steven Halloran have joined the firm as associates.


Carballo and Halloran will be practicing in the area of Workers’ Compensation defense. Both were judicial law clerks prior to joining the firm and graduated from the University of St. Thomas School of Law. They will be excellent additions to the firm.

Kieselbach Elected President of the National Workers Compensation Defense Network (NWCDN)

On September 27, 2019, Tom Kieselbach of Cousineau, Waldhauser & Kieselbach, P.A. (CWK) of Minnesota, was elected President of  NWCDN, the premier national network of defense counsel. Tom will be serving a one year term.


NWCDN consists of lawyers from 45 states and Canada. Only one law firm per state is invited for admission. CWK has been a proud member of this organization for years. NWCDN’s goal is to further the interests of insurance, risk and business professionals. We provide clarity on trends and developments locally and nationally. Annually NWCDN sponsors a cutting conference for clients and industry specialists. In 2019 the national conference was in Chicago. In 2020 NWCDN will be in Charlotte and Philadelphia.


NWCDN also partners with LexisNexis in connection with the publication, “Workers Compensation Emerging Issues Analysis” (WCEIA). WCEIA tracks workers compensation trends and developments nationwide. We anticipate that the book will be available for purchase within the next few weeks.


We congratulate Tom on taking the leadership role at the NWCDN. This is a singular honor for the firm.

Parker Olson named Shareholder at CWK

Effective November 1, 2019 Parker Olson has been named a Shareholder at Cousineau, Waldhauser, & Kieselbach P.A.


Parker joined the firm in February of 2016.  During the past 2.5 years Parker has made significant contributions to the firm and we are happy to recognize him for his efforts.

Wisconsin Court of Appeals recommends publishing recent CWK case success

Lisa Kinney successfully defended Ashley Furniture and Gallagher Bassett, as affirmed by the Wisconsin Court of Appeals (for Publication) in the claim brought by Janet Mueller.


Mueller argued that the LIRC erred by concluding that Mueller’s voluntary retirement from her employment precluded her from establishing that she suffered an actual wage loss, and that she therefore was not entitled to receive disability benefits under WIS.STAT.§102.43 (2017-18).   In the alternative, Mueller argues that even if her voluntary retirement initially prevented her from showing an actual wage loss, the Commission erred by concluding that she failed to show she suffered an actual wage loss when she tried—and eventually succeeded—to re-enter the labor market.


The Wisconsin Court of Appeals concluded that under WIS.STAT.§102.43, an employee must show that he or she sustained an actual wage loss attributable to his or her injury in order to be entitled to temporary disability benefits. Applying that standard, the Court of Appeals determined that the Commission did not err in dismissing Mueller’s claim because, as the Commission found, Mueller voluntarily retired for reasons entirely unrelated to her injury, and her subsequent attempts to re-enter the labor market were not impaired by her work-related injury. Therefore, any wage loss Mueller suffered is solely attributable to her own choices, and not to her work-related injury.

CWK Congratulates Its Lawyers Named to Minnesota “Super Lawyers” and “Rising Stars” list for 2019

Cousineau, Waldhauser & Kieselbach is proud to announce Jennifer Fitzgerald, Tom Kieselbach and Jim Waldhauser have been selected as 2019 Minnesota Super Lawyers.  Elizabeth Cox and Whitney Teel have been selected as 2019 Minnesota Rising Stars.


Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Peer nominations and evaluations are combined with third-party research, and selections are made on an annual, state-by-state basis. Designation as a Super Lawyer is awarded annually to only 5% of the licensed, active lawyers in Minnesota. In 1998, Super Lawyers launched Rising Stars in Minnesota to recognize the top up-and-coming attorneys in the state — those who are 40 years old or younger, or who have been practicing for ten years or less. Designation as a Rising Star is awarded annually to no more than 2.5% of licensed, active lawyers. For more information, visit www.SuperLawyers.com.

CWK’s Annual Seminar was a Great Success

On July 12, 2019, Cousineau, Waldhauser & Kieselbach, P.A. presented its’ annual client seminar.  Attendance was excellent.  Natalie Lund organized and hosted the seminar.  We thank Natalie for her excellent and hard work.  The topics included interesting and helpful takes on: Arising out of and in the Course of; Dykhoff; PTSD; Surveillance; Caselaw Update; #MeToo in MN; How to Make Rehabilitation Work; and Compensability Questions and Answers.


The reviews from our clients were spectacular.  All of the  topics and speakers were  given top marks.  We thank our clients and guests for such positive feedback.  Our next seminar will be in 2020. We promise that the quality will remain the same.  We will provide a seminar which is geared to our clients’ needs and as always will be informative, helpful and entertaining.

Register for the 2019 CWK Workers’ Compensation Seminar

Click HERE to register for the event


Don’t miss the 2019 CWK Workers’ Compensation Seminar!  At this premier event, you’ll hear from our attorneys and featured guest speakers on new developments and strategies in navigating workers’ compensation litigation.  This year’s seminar will include presentations on surveillance tips and tricks, assessing compensability, sexual harassment claims and defending psychological injuries.


We are excited to announce that we will be joined by Dr. Leesa Scott-Morrow, Ph.D., J.D., L.P., an expert on evaluating individuals who present with histories of mental trauma, and physical injuries that are associated with significant psychological overlay.


We also welcome Mark Flaherty of Flaherty Consulting and Investigations, who provides his unparalleled investigative skills to obtain the best possible results in the most efficient possible manner.


This seminar is free and will include breakfast, lunch, cocktails and a chance at some great prizes!  Three CEU credits have been applied for this event.  


7:30-8:00am  Breakfast and Registration

8:00-8:15am  Opening Remarks: Jennifer Fitzgerald

8:15-8:35am  Caselaw Update: Tom Coleman, Emily Johnson

8:35-8:55am  Dykhoff: Where Are We Now?: Tom Kieselbach, Megan Oliver

8:55-9:15am  Compensable or Not? A Claim Review: Elizabeth Cox, Jim Waldhauser

9:15-9:45am Surveillance: When, Why and How to Do It: Mark Flaherty

9:45-10:00am  Break

10:00-10:20am  How to Make Rehabilitation Work: Whitney Teel, Craig Larsen

10:20-10:40am  Navigating PTSD Litigation: Mark Kleinschmidt, Mike Johnson

10:40-11:00am   #MeToo in Minnesota: Natalie Lund, Jennifer Fitzgerald

11:00-12:00pm Elements of a Psychological Injury: Dr. Leesa Scott-Morrow

12:00pm  Lunch, Cocktails and Prizes