Newstrand v. Fabrics, 042199 MNWC,

Case DateApril 21, 1999
CourtMinnesota
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...

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