CANCELLED – 2020 CWK Workers’ Compensation Seminar

It is with profound disappointment that Cousineau, Waldhauser, & Kieselbach P.A. has decided to postpone this year’s Seminar originally scheduled for July 24, 2020 at the Hilton Hotel in Bloomington, MN.

 

This decision was made out of concern for the health and safety of all attendees. Given the uncertainties of the COVID-19 pandemic, we believe this decision is in everyone’s best interest.

 

A new date will be announced in the future, and we hope to be able to put on this event again in 2021. In the meantime, please stay tuned for announcements regarding the upcoming CWK webinars.

In Case You Missed It: CWK’s Parker Olson participated in a national webinar panel addressing the effects of COVID-19 on Temporary Total Disability Benefits

In case you missed the live viewing on April 27, 2020, Attorney Parker Olson of CWK participated in a very informative webinar regarding the effect of COVID-19 on workers’ compensation benefits, including in situations involving layoffs, delays in medical treatment, and light duty restrictions.

 

The webinar was completed in partnership with the National Workers’ Compensation Defense Network (NWCDN) and WorkersCompensation.com.  We thank Parker and the other attorneys for their time and effort put into this webinar panel.

 

This was the second in a series of national webinars addressing COVID-19 and workers’ compensation issues.  The first was presented on April 6, 2020 by Attorney Mark Kleinschmidt of CWK.

 

Click the link below to re-watch the recent webinar featuring Parker Olson.

http://www.nwcdn.com/covid-19-updates

In Case You Missed It: Attorney Mark Kleinschmidt Presented a Webinar Entitles, “COVID-19 FACTS and FEAR for a Workers’ Compensation Claim”

In case you missed the live viewing on April 6, 2020, Attorney Mark Kleinschmidt of CWK put on a very informative webinar regarding liability of workers’ compensation claims involving COVID-19, as well as other aspects of the claim to consider. The webinar was completed in partnership with the National Workers’ Compensation Defense Network (NWCDN) and WorkersCompensation.com. We thank Mark for the time and effort put into this presentation.

 

Stay tuned for announcements of future webinars, including the next one in the series currently scheduled for April 27, 2020, which will address workers’ compensation benefits in COVID-19 cases.

 

Click the link below to re-watch Mark Kleinschmidt’s webinar:

 

https://event.webinarjam.com/t/click/zqn92slfz7c4u84sppf91ho

Mark Kleinschmidt to present National webinar on COVID-19

On April 6, 2020 at 10:00am (CST) Mark Kleinschmidt will present a timely and comprehensive webinar entitled “COVID-19: FACTS and FEAR for a Workers’ Compensation Claim” at the Center for Education Excellence.  This is the inaugural webinar sponsored by WorkersCompensation.com in collaboration with the National Workers’ Compensation Defense Network (NWCDN).
NWCDN is the premier national network of workers’ compensation defense attorneys.  WorkersCompensation.com is the nation’s leading regulatory and compliance information center for workers’ compensation.  Together these two powerhouse organizations will be sponsoring timely webinars.  The webinars are free.  All you have to do is register to attend.
This will be an excellent webinar.  We hope that you will be able to attend.  Below is the link to register for Mark’s presentation along with NWCDN’s website.

LUND AND JOHNSON PREVAIL AT WCCA IN HIGH INTEREST CASE

Koehnen v. Flagship Marine Co. and Auto-Owners Insurance and Keith Johnson, D.C.

WC19-6287 (W.C.C.A. Dec. 27, 2019)

 

On December 27, 2019, the Minnesota Workers’ Compensation Court of Appeals affirmed the Order of the compensation judge dismissing the Petition for Payment of Medical Expenses filed by a medical provider, Keith Johnson, D.C.

 

The chiropractor was properly placed on notice of right to intervene pursuant to Minn. Stat. § 176.361 and chose not to file a Motion to Intervene, which would have made the provider a party to the claim. The Employee ultimately settled his claim with the Employer and Insurer and those providers which had intervened were included in the settlement. The Award extinguished the right of the chiropractor to recover payments pursuant to the statute and Minn. Rule 1420.1850.

 

Eight months after the Award was filed, the chiropractor filed a Petition for Payment of Medical Expenses. The Employee and the Employer and Insurer filed Motions to Dismiss and the compensation judge dismissed the Petition with prejudice, concluding that the chiropractor did not have standing to file such a Petition because there was no outstanding claim by the Employee. The chiropractor appealed to the Workers’ Compensation Court of Appeals, arguing: 1) the Award was unenforceable and invalid as his rights were extinguished on the basis he chose not to intervene; 2) the rule and statute relied upon by the compensation judge and Office of Administrative Hearings exceeded the express or implied authority granted by the legislature; and 3) he was entitled to full payment per case law as he was excluded from settlement negotiations.

 

The WCCA affirmed the Order dismissing the Petition, finding that the medical provider chose not to be a party to the case and avail himself of the remedies provided by statute when he chose not to intervene. Because he was not a party to the case, he had no authority or standing to bring a claim under Minn. Stat. § 176.291 or assert the Award collaterally. Due to the lack of standing, the WCCA did not address other arguments by the chiropractor.

 

The case affirms that under Minn. Stat. § 176.361, Subd. 2(a) and Minn. Rule 1420.1850, a potential intervenor who is properly provided notice of right to intervene and does not file a Motion to Intervene within 60 days of notice shall have their right to recover extinguished.

 

The Petitioner’s Bar wrote an amicus brief in support of the Employer and Insurer on this case.  We expect counsel for Johnson Chiropractic to appeal to the Minnesota Supreme Court with his constitutional argument, in particular.  Both sides of the Bar will likely contribute amicus briefs in the Supreme Court matter.

 

CWK attorneys Natalie K. Lund and Michael R. Johnson handled the case on behalf of the Employer and Insurer. Please contact either of them with any questions.  You can also see the decision document HERE.

PARKER OLSON EARNS CERTIFIED MEDICARE SECONDARY PAYER CERTIFICATION

The Louisiana Association of Self Insured Employers (LASIE) is proud to announce that Parker Olson of Cousineau, Waldhauser, & Kieselbach P.A. earned the Certified Medicare Secondary Payer (CMSP) Certification.  The CMSP program is a new credential in the insurance industry.

 

The CMSP certification is designed to identify those professional who work within the workers’ compensation and liability insurance industry and have demonstrated superior knowledge and skills in the field of Medicare Secondary Payer Compliance.

 

To earn this designation, candidates successfully complete a 36-hour course, which includes an exam and case study.  To maintain the CMSP certification, the practitioner must take 24 hours of continuing education every two years in the Medicare Secondary Payer Compliance field.

 

For further information about the CMSP/CMSP-F Certification Program visit www.smspprogram.org or contact LASIE at (800) 277-8362.

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.