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Newsworthy Category

Genetic Testing

In recent years there has been an interest in genetic testing. For $100 or more, you can have your DNA tested for genetic health risks including late onset Alzheimer’s and Parkinson’s disease. The testing determines whether you are a carrier for over 40 different conditions. The test results are confidential, unless you share the test results with your physician or health care providers. If you share the information, the information may become part of your medical record and ultimately accessible by other health care providers, insurance companies, etc. While there are safeguards in place at the state and federal level...
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Changes for Limited Liability Companies

Effective January 1, 2018, significant changes go into effect for limited liability companies organized in the State of Minnesota. The new law brings significant changes to the management and governance of an LLC. If your LLC was organized prior to January 1, 2015 or is not organized under Minnesota Statute 322C, you are likely impacted by this new legislation. If you have questions or concerns about these upcoming legislative changes or for any business law questions, please contact Paul Moosbrugger or Steven Fink. The attorneys at Farrish Johnson Law Office can be reached in our Mankato office at 507-625-2525 and...
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Can I Get Fired If I Claim Workers’ Compensation?

We often hear this question from folks with recent work-related injuries who have never been hurt before or never thought about reporting a work injury and never had to deal with workers’ compensation. Since each case is unique, there is no straight answer that could be given without knowing more details. Generally, however, the law provides that any employer who fires or is threatening to discharge an injured worker because he or she is seeking workers’ compensation benefits, can be held liable for up to three times the value of the work comp benefits awarded. In other words, although technically...
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Minors’ Consent for Health Care

In Minnesota the general rule is that minors may not receive health care services without their parents’ or guardians’ consent.  There are some important exceptions to this rule.  A minor may consent for medical, mental, or other health services for the following: to determine the presence or treatment of pregnancy and conditions associated with pregnancy; for sexually transmitted infections; for alcohol or other drug abuse; to receive a hepatitis B vaccination; and blood donation (if the minor is over 17). There are also special rules relating to minors giving consent for the care of their own children, minors voluntarily entering...
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Injuries on Your Way to Work

If you get hurt on your way to or from work, your injuries may be covered by workers’ comp. Although, in general, injuries sustained by an employee while commuting to and from work are outside of the workers’ compensation coverage, there are some exceptions. In a recent decision of Hohlt v. University of Minnesota, the Minnesota Supreme Court held that a state employee was entitled to workers’ compensation benefits for the injuries she sustained when she slipped and fell on an ice-covered sidewalk curb ramp while walking to her car after work. The fact that she was not on the...
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Court of Appeals Affirms Foreclosure Decision

In Leeco, Inc. v. Cornerstone Bank, 2017 WL 2836097, a Naegeli Court Reporter of Appeals affirmed the district court’s grant of summary judgment in favor of Cornerstone Bank which had foreclosed its mortgage on property owned by Leeco. Leeco argued that (1) the mortgaged property consisted of “separate and distinct tracts” as so should have been auctioned separately under Minn. Stat. 580.08; and (2) that the Notice of Foreclosure Sale misstated the amount due on the mortgage under Minn. Stat. § 580.04(a)(3). Leeco argued that the lakefront property consisted of separate tracts because it included four tax parcel identification numbers...
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Becoming Disabled After a Work Injury

When your work-related injuries or illness are too severe to go back to work, you have several options to replace your lost income. You could consider permanent total disability through work comp, long term disability through a STD/LTD insurer, and Social Security Disability Insurance. At Farrish Johnson Law Office, we routinely help our clients with their disability cases. If you are considering going on disability, give us a call to get more information about your options. As mentioned above, when you are at the point where you do not think you could go back to work in the foreseeable future...
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America’s 10 Most Dangerous Occupations and How Work-Related Fatalities are Treated by the Minnesota Workers’ Compensation System

According to the US Bureau of Labor Statistics December 16, 2016, Economic News Release, there were a total of 4,836 recorded work injuries that resulted in death in 2015, which amounted to an overall rate of fatalities of 3.38 per 100,000 full-time workers. While there are multiple contributing factors, like workers’ age, training and experience, based on the government statistics, your chances of getting killed on the job are much higher if you work in the following occupations: 1. Farming, fishing, and forestry occupations – 25.3 (deaths per 100,000 workers) 2. Supervisors of construction and extraction workers – 16.1 3....
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