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12 Fast Facts Employers Need to Know to Comply with Minnesota’s Drug and Alcohol Testing in the Workplace Act (DATWA)

Minnesota has one of the most vigorous workplace drug-testing laws in the country.  Here are 12 fast facts you need to know if you require testing of employees or job applicants: You must have a written drug and alcohol testing policy; You must provide written notice of the policy to all affected employees when the policy is initially adopted and when any employee who was previously unaffected by the policy transfers to a position affected by the policy, and to job applicants upon hire and before any testing is required if the job offer is contingent upon testing; You must...
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Workers’ compensation statistics indicate good news for injured workers and employers in Minnesota

According to the latest Minnesota Workers’ Compensation System Report, which was released by the Department of Labor and Industry in April, insurance premiums for the 2018 calendar year are down 51 percent as compared with 1996, and are currently the lowest since that year, which is a good sign for employers who continue to strive to their workers’ safety on the job. Statistically, current work injuries add up to about 4 compensable claims per 100 full-time workers, which is more than a half lower than it used to in 1996. Despite this decrease in injuries and claims, according to the...
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The Standard of Review on Appeal – Explained Through Football!

Most football fans are familiar with the red “challenge flag.” The head coach of a football team keeps a special red flag with him throughout the game. If the head coach disagrees with a call, he will throw the red challenge flag onto the field. The referees then use instant replay to determine whether the ruling on the field will stand as called, or be reversed. But it is not as simple as getting a “second bite” at making the correct call. A decision was made by an official with a unique view of the field, and that call is...
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Payment of Wages Following Termination of Employment

Under Minnesota law, you are entitled to prompt payment of wages after leaving employment. If you have been terminated from employment, you have the right to demand all wages or commissions actually earned and unpaid at the time of discharge. Once a demand is made, the employer has 24 hours to pay these wages or commissions. If you quit employment, your wages are generally due on your regularly scheduled payday. If your employer fails to make payment when due, you have the right to demand payment and the employer must comply within 24 hours after the demand. In either case,...
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Workers’ Compensation Coverage for Repetitive Trauma and Overuse Injuries

If your job requires you to do a lot of repetitive activities, such as gripping tools, reaching for objects, twisting, turning, bending, working overhead, or doing other movements in excess of what you would expect to be doing in your natural environment, you may notice that, over time, your body parts involved in those frequent repetitive activities start becoming painful or difficult to use. For example, you may notice that your right shoulder starts to lose its range of motion or that it is painful to reach overhead, or your back starts bothering you with lifting, or that your knees...
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Estate Planning Still Necessary

With the doubling of the Federal estate tax exemption, the number of tax payers required to file a Federal estate tax return will drop substantially. However, estate planning and review of existing plans is important. The most important object of estate planning has always been to provide a thoughtful plan for property distribution, avoiding the arbitrary rules of each state’s intestacy statutes. Minnesota, along with many other states, imposes an estate tax with a far smaller exemption than provided for by the Federal exemption. Many estate plans for married couples routinely used formulas to distribute property between a Marital Trust...
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Insurance Disputes

Farrish Johnson’s litigation attorneys are seasoned insurance coverage litigators. Most recently, they have handled and resolved cases concerning payment of medical expenses, resolved disputes over coverage for liability claims, and addressed questions concerning the scope of a policy’s coverage limits. Insurance companies may use legalese, jargon, or other confusing language in their policies to justify denials of claims or requests for defense and indemnity. At Farrish Johnson, our attorneys help clients work through these issues and if necessary will take an insurance company to court to resolve a dispute. Depending on the nature of the claim, these cases may be...
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Madelia Times Messenger features Yuri Jelokov

Yuri Jelokov of the Farrish Johnson Law Office was featured in the Madelia Times Messenger newspaper this week.  Yuri practices in the areas of workers compensation, social security and disability claims.  Read more about his interesting history, his family and his practice in the Madelia Times Messenger.  Yuri is also a member of the Madelia Area Chamber of Commerce Board of Director.  Visit him at our Madelia office on Wednesdays!  

Applying for Disability – Is It Right for Me?

A lot of folks frequently consider if they should go on disability or even get advised to do so by their doctors. This usually happens when their medical or psychological issues become so bad that they start interfering with or make it impossible to continue working in a meaningful and productive manner. When that happens, and there is no foreseeable improvement of the health issues, it is usually a good idea to try to apply for disability. But what does it mean to be disabled? According to the Social Security Act, disability is the “…inability to engage in any substantial...
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How Long Can I Stay on Work Comp?

Minnesota workers’ compensation system provides several options and guaranteed time limits for receiving wage loss benefits for injured workers. In general, you can continue receiving wage loss benefits for up to 130 weeks from the time you become unable to work, so long as you cannot return to your regular work, and your employer is not able to accommodate your work restrictions. In most cases, however, injured workers are able to go back to work before that period runs out. When that happens, so long as your medical restrictions continue to be in place, you would be eligible for up...
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