NEWS / Legal News - August 2020

Parties Who Do Not Timely Intervene are Barred from Making Intervention Claims

Koehnen v. Flagship Marine Co.

Intervention Claims

Aafedt, Forde, Gray, Monson & Hager, P.A. attorneys Kristen Ohlsen and Amy Byrne successfully argue as Amicus Curiae on behalf of the Minnesota Defense Lawyers Association!

An employee, employer, and insurer entered into a workers’ compensation settlement, which extinguished potential intervenors for failure to timely intervene after receiving proper notice of their intervention rights.

Following the settlement, one of the potential intervenors filed a claim for payment. The employee, employer, and insurer moved to dismiss the intervention claim on the basis that it was barred under the previous stipulation, and their motion was granted.

The WCCA affirmed the decision of the compensation judge.

The Supreme Court affirmed noting that the potential intervenor had no independent right to file a claim and only had a right to intervene in an existing proceeding, and if potential intervenors wish to protect their interests, they must do so through the intervention process. Finally, the provisions allowing recovery for intervenors who have been excluded from settlement do not apply in this case because those only apply to parties who have actually intervened in the case and not to potential intervenors.

This case reinforces the importance of making sure that all potential intervenors including healthcare providers, health insurers, government programs, etc. are given proper notice of their intervention rights and that those parties who do not timely intervene are barred explicitly in either a Stipulation for Settlement or in a Findings and Order issued by the Compensation Judge. 

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