In most cases where an injury has occurred at work, the only remedy is under the Minnesota Workers’ Compensation system. This means the benefits are defined by law. In 1975, however, a provision was added to the Minnesota workers’ compensation law that prohibited retaliation against an employee for seeking workers’ compensation benefits. Under Minnesota workers’ compensation law, an employer...
Read MoreOFFICE PARTY INJURIES In many offices in Minnesota, there are Christmas parties, office parties, picnics, or other office events. Work comp injuries at the office party may be covered under Minnesota workers’ compensation. Several issues are analyzed in making a determination whether work comp injuries at the office party are covered. Minnesota Statute 176.021, subd. 9, provides: Injuries incurred...
Read MoreCan I Use Medical Marijuana at Work? Minnesota’s Medical Marijuana Law has been around for about a year-and-a-half now. Over 600 patients have successfully registered to receive medical marijuana. While the Minnesota Medical Marijuana Law offers protects registrants and medical marijuana users from certain civil and criminal penalties, the law doesn’t provide a blank check for registrants to use wherever, whenever, or however...
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UNLAWFUL POSSESSION OF A FIREARM Unlawful possession of a firearm in Minnesota is a very serious offense. If you’re accused of being a prohibited person in possession of a firearm, you could face a lengthy prison sentence and a substantial fine. To protect your freedom and your future, contact a Minnesota criminal defense lawyer as quickly as possible. The...
Read MoreA PROBABLE CAUSE SEARCH FOR EVIDENCE IS YET ANOTHER EXAMPLE OF A LAWFUL WARRANTLESS VEHICLE SEARCH. If the police have probable cause to believe that contraband or other evidence of a crime is hidden somewhere in a vehicle, the officer may conduct a warrantless vehicle search. This probable cause warrant exception authorizes a search of every part of the vehicle that could...
Read MoreUnder Minnesota workers’ compensation law, depression that results from a work injury may be compensable in certain cases. Minnesota workers’ compensation law divides “mental injuries” such as depression into certain categories: 1. Mental Physical Cases: This occurs when work comp depression produces a physical ailment. This is likely not a situation where the issue of depression will arise, but...
Read MoreTo serve and protect? Isn’t that the credo most police officers swear to abide by? Perhaps Duluth police officer Richard Jouppi didn’t get the memo. Or perhaps he failed the ethics portion of police academy training. Granted, we don’t know everything that happened prior to the man’s arrest, he did threaten to throw his jacket at the woman in...
Read MoreMany employers in Minnesota require their employee to travel in their vehicle as part of their job. The issue of whether an employee’s motor vehicle insurance or workers’ compensation insurance covers the injuries can become an issue. As with any injury, it must first be decided whether the injury arose in the course and scope of employment. However,...
Read MoreANOTHER EXCEPTION TO THE SEARCH WARRANT REQUIREMENT IN THE MOTOR VEHICLE CONTEXT IS KNOWN AS A WEAPONS SEARCH EXCEPTION. The weapons search exception allows a police officer to conduct a limited pat-down search of a suspect’s outer clothing without a search warrant in order to find dangerous weapons that might be used against the officer during the traffic stop. There...
Read MoreThe United States Supreme Court has ruled that police need a search warrant to test a driver’s blood alcohol content following a DUI arrest. Missouri v. McNeely refuted the state’s argument that the body’s natural elimination of alcohol creates an automatic exception to the warrant requirement. Before this decision, police officers got around the Fourth Amendment’s warrant requirement by arguing...
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