WALTER J. CHILDS, Employee/Appellant,
v.
ALTERNATIVE BUS. FURNITURE, INC., and SECURA INS. COS., Employer-Insurer/Respondents,
and
MEDICA HEALTH PLANS, BROOKLYN CTR. CHIROPRACTIC OFFICE, P.A., MIDWEST MRI CTR., NORAN NEUROLOGICAL CLINIC, and ASKEW REHAB. SERVS., Intervenors.
No. WC18-6208
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
February 21, 2019
JURISDICTION
– SUBJECT MATTER; RULES CONSTRUED – MINN. R.
1420.3700. The Office of Administrative Hearings is not
divested of jurisdiction over a matter that has been reported
settled by the parties when an employee withdraws a claim
petition, or the claim petition is dismissed based on a
pending settlement, but the stipulation for settlement is
later filed and approved.
Gary
L. Meyer, Meyer, Puklich, & Merriam, P.L.C., Eden
Prairie, Minnesota, for the Appellant.
Timothy J. Manahan and Kathryn L. Hammers, Brown &
Carlson, P.A., Minneapolis, Minnesota, for the Respondents.
Determined by: David A. Stofferahn, Judge, Deborah K.
Sundquist, Judge, Sean M. Quinn, Judge
Compensation Judge: Kirsten M. Tate
Affirmed.
OPINION
DAVID
A. STOFFERAHN, Judge.
Judge
Supervisor Kirsten Tate issued a Findings and Order imposing
sanctions pursuant to Minn. R. 1420.3700 against the
employee’s attorney, who has appealed. We affirm.
BACKGROUND
The
employee filed a claim petition in January 2017, asserting
entitlement to various workers’ compensation benefits
arising out of Gillette1 injuries he claimed to
have sustained on September 1 and September 24, 2016. The
employer and insurer filed a timely answer to the claim
petition denying primary liability for the alleged injuries.
The
parties subsequently reached an agreement to settle the
employee’s claims and reported the settlement to the
Office of Administrative Hearings (OAH) on February 8, 2018.
On the same date, OAH scheduled a stipulation status
conference for April 18, 2018, at 1:00 p.m. before Judge
Supervisor Kirsten Tate. The parties were advised that the
conference would be cancelled if the stipulation was...
