KIMBERLY S. NEWSTRAND, Employee,
v.
ANDERSON FABRICS and ST. PAUL FIRE & MARINE INS. CO., Employer-Insurer,
and
NORTH STAR HOMES and MINNESOTA ASSIGNED RISK PLAN adm'd by WAUSAU INS. CO., Employer-Insurer,
and
AMERICAN LINEN and CNA INS. CO., Employer-Insurer, and GRAND FORKS CLINIC, MEDICA/HRI, and NORTH COUNTRY REGIONAL HOSP., Intervenors, and MN DEP'T OF EC. SEC./RI, Petitioner.
Minnesota Workers Compensation
Workers' Compensation Court of Appeals
April 21, 1999
HEADNOTES
VACATION
OF AWARD - STANDING. Where the petitioner was not a
party to the stipulation for settlement, the petitioner lacks
standing to request vacation of the award on stipulation.
INTERVENORS. Where
the parties failed to give notice to the petitioner, State of
Minnesota, Department of Economic Security, excluding the
department from settlement negotiations, the department is
entitled to full reimbursement of its claim pursuant to
Brooks v. A.M.F., Inc., 278 N.W.2d 310, 31 W.C.D.
521 (Minn. 1979). The matter is continued to allow
supplemental briefs with respect to the party liable for
payment.
Petition
to vacate award on stipulation dismissed.
Petition
to intervene granted.
Determined by Hefte, J., Johnson, J., and Wheeler, J.
OPINION
RICHARD C. HEFTE, Judge
The
State of Minnesota, Department of Economic Security, as a
potential intervenor, petitions to vacate a stipulation in
the above-entitled matter, filed May 22, 1998, on the grounds
that the employee had been paid certain amounts of
reemployment insurance (unemployment) benefits prior to and
as of the date the stipulation was signed and an award on
stipulation was issued. The State of Minnesota,
Department of Economic Security, was not a party to said
stipulation and was not served with a notice of their
potential right to intervene in the above-entitled matter at
any time herein prior to the filing of the stipulation and
award on stipulation. The Petition to vacate is
dismissed.
BACKGROUND
Kimberly
S. Newstrand (employee) claimed she sustained injuries to her
right and left upper extremity arising out of and in the
course and scope of her employment with the employers herein,
Anderson Fabrics, North Star Homes and American
Linen. These injuries were claimed to have occurred
during a period extending from April 1991 to May 1994.
On
April 24, 1995, the employee filed a claim petition alleging
entitlement to workers' compensation benefits related to
carpal tunnel injuries sustained at work. The claim
petition requested payment for medical costs and
rehabilitation benefits, but did not include a claim for
temporary total or temporary partial disability
benefits. Orders were served and filed granting
intervention to three intervenors: the Grand Forks Clinic,
Medica/HRI, and North County Regional Hospital. The
employee also sent an intervention notice to the State of...