The Jewison Defense

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Our firm recently represented an employee who was hired by a waste management company.  During the initial consultation, the client disclosed that he had a previous right shoulder injury but his employer never asked specific questions regarding the nature of his work restrictions.  A few months into the new job, he injured his left shoulder while throwing garbage.  The employer denied the...

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Self Defense in Minnesota

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SELF DEFENSE IN MINNESOTA IS AVAILABLE UNDER A NUMBER OF SITUATIONS. The most common of these occurs when a person is resisting an offense against that person.  If a person is being assaulted or robbed, for example, the person is within their right to use a reasonable amount of force to prevent the assault or robbery. Self-defense is also available when...

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Second Degree DWI Charges Dismissed

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2ND DEGREE DWI CHARGES DISMISSED Minnesota DWI lawyer, John Arechigo, recently achieved a dismissal of all charges for a client facing multiple 2nd Degree DWI charges in Scott County.  The client was facing a minimum of 90 days in jail.  After a thorough investigation into the case, which included review of several squad video recordings, it became clear that...

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Permanent Partial Disability Benefits (PPD)

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PERMANENT PARTIAL DISABILITY Permanent Partial Disability (PPD) benefits are intended to compensate injured workers for permanent loss or impairment of a bodily function.  PPD benefits are not dependent upon wage loss or ability to work.  In order to qualify for Permanent Partial Disability Benefits in Minnesota, an injured worker must show that the permanency of the injury is causally related...

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Minnesota DWI Law is Unconstitutional

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MAJOR MINNESOTA DWI NEWS In separate opinions released today, the Minnesota Supreme Court has said that portions of the Minnesota DWI law is unconstitutional. Specifically, these cases addressed the issue of whether a driver can be charged with a DWI in Minnesota for refusing to provide a blood or urine sample when the arresting officer does not have a search warrant. RECENT LEGAL...

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Minnesota Criminal Defamation Appeal

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UPDATE CRIMINAL DEFAMATION As previously discussed, we have been fighting the constitutionality of the Minnesota Criminal Defamation statute for some time.   After we successfully obtained a full dismissal of all charges for a client in Blue Earth County, we picked up another Criminal Defamation case out of Isanti County.   The prosecutors held firm in that case and refused...

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Is Chiropractic Care Paid For If I am Injured At Work In Minnesota?

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CHIROPRACTIC CARE PAYMENT Sometimes when a worker is injured in Minnesota, he or she would prefer to go to a chiropractor to treat their injuries.  Minnesota workers’ compensation, however, limits the amount of chiropractic care that insurance companies are required to pay for. These “limitations” are called the treatment parameters.  The treatment parameters apply to all dates of injury...

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How to Start a Minnesota Work Comp Case

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STARTING A WORKERS COMP CASE The method to start a Minnesota work comp case depends on the benefit being claimed and whether the employer has accepted primary liability.  If the employer has denied primary liability for the injury, then a Claim Petition must be filed to start a Minnesota work comp case.  If the employer has accepted primary liability for the...

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Do I Have to Attend an Independent Medical Examination?

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In most cases, the answer is yes. Under Minnesota workers’ compensation law, the employer/insurer is entitled to an independent medical examination of the employee for any injuries claimed.  Many times this will occur during your case while you are receiving benefits.  In other cases, when your Minnesota work comp claim has been denied from the beginning, it will occur after the...

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Determining Minnesota Workers’ Compensation Wage Loss Benefits

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DETERMINING MINNESOTA WORKERS’ COMPENSATION WAGE LOSS BENEFITS CAN BE TRICKY. An injured employee’s wage on the date of injury determines the amount of the employee’s Minnesota workers’ compensation wage loss benefits.  A fair estimation of the injured employee’s future earning power, taking into account a reduced earning capacity because of injury, is the main objective of determining an injured...

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