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On December 14, 2021, the Minnesota Supreme Court Summarily
Affirmed the Workers Compensation Court of Appeals’ (WCCA) denial of the
employee’s Petition to Vacate in Leadens v. Diversified
Distributors. CWK represented the employer and insurer in this case,
defending against the employee’s Petition to Vacate a full, final, and
complete settlement (the Stipulation had been settled and drafted by a
different firm in 1998). The employee appealed the matter to the
Minnesota Supreme Court after the WCCA held the employee had not
established "good cause" to vacate the 1998 Award on
Stipulation.
The WCCA found that that there was neither significant
evidence of a substantial worsening of the employee’s condition nor was
there a basis upon which to vacate the Award because the employee was
unrepresented by counsel at the time of the original settlement. CWK’s
Responsive Brief to the MN Supreme Court was prepared by Emily Johnson, in
collaboration with Parker Olson and Mark Kleinschmidt (who handled the case
at the WCCA). The Minnesota Supreme Court affirmed the WCCA’s ruling,
denying the Petition to Vacate and thereby preventing the employee from
reopening the case for additional compensation.
Click here for the WCCA Decision.
Click here for the Minnesota Supreme Court's Summary
Affirmance.
Summary by Emily
Johnson.
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