Contact Kyle Directly

Kyle T. Kustermann

Contact: kkustermann@erstad.com
Direct Dial/Facsimile/Text: 952-837-3255

Kyle Kustermann is a shareholder at Erstad & Riemer, P.A., where he previously served as President and Managing Shareholder. With over two decades of experience, he has established himself as a formidable advocate in workers’ compensation defense throughout Minnesota and South Dakota.

Mr. Kustermann’s litigation record spans the full spectrum of workers’ compensation proceedings, from administrative hearings to appellate advocacy before the Workers’ Compensation Court of Appeals and Minnesota Supreme Court. His strategic approach has resulted in numerous significant decisions that have helped shape Minnesota workers’ compensation law, including Dillon v. Surly Brewing Co., No. WC20-6363 (W.C.C.A. Aug. 16, 2021), where the court affirmed his defense against a complex multi-body part injury claim; Perkins v. St. Paul Pioneer Press, No. WC15-5841 (W.C.C.A. Apr. 14, 2016), establishing important precedent regarding job search requirements and labor market withdrawal; Dowling v. TheKey, LLC, No. WC24-6559 (W.C.C.A. Sept. 24, 2024), clarifying arising-out-of employment standards for home healthcare workers; and Lemus Pantoja v. IFP-Innovative Food Processors, No. WC21-6411 (W.C.C.A. Nov. 15, 2021), successfully defending against unwarranted surgical intervention claims.

His noteworthy earlier decisions include Gehrt v. Genetiporc USA, No. WC07-283 (W.C.C.A. May 7, 2008), where he successfully defended against an inappropriate retraining plan by demonstrating the employee had not exhausted job placement opportunities.

Beyond his substantial workers’ compensation practice, Mr. Kustermann has developed specialized expertise in promotional law, advising administrators and sponsors of sweepstakes on legal compliance across multiple jurisdictions. He regularly reviews, revises, and approves sweepstakes official rules to ensure regulatory compliance both in Minnesota and nationally, helping clients navigate the complex legal landscape of promotional marketing.

After graduating cum laude from William Mitchell College of Law in 2000, Mr. Kustermann began his career with Aafedt, Forde, Gray, Monson and Hager, P.A., then expanded his expertise to include labor and employment law at Seaton, Beck, Peters, Bowen & Feuss, P.A., before joining Erstad & Riemer, P.A. in 2006, where he later assumed leadership of the firm.

Mr. Kustermann represents both insured and self-insured employers and insurance carriers with a particular focus on complex medical causation disputes, retraining claims, and disability determinations. His comprehensive understanding of the medical and legal nuances of occupational injuries has made him a sought-after speaker at continuing legal education seminars throughout Minnesota.

The legal community has recognized Mr. Kustermann’s exceptional abilities, with Minneapolis St. Paul Magazine, Law & Politics Magazine, and Twin Cities Business naming him a Rising Star Attorney among the state’s top up-and-coming attorneys.

Education:

• William Mitchell College of Law (J.D., cum laude, 2000)
• University of St. Thomas (B.A., 1997)

Bar Admissions:

• Minnesota (2000)
• South Dakota (2001)
• All Minnesota State and Federal Courts

Professional Memberships:

• Minnesota State Bar Association
• Hennepin County Bar Association

Practice Areas:

• Workers’ Compensation Defense
• Insurance Defense
• Employment Litigation
• Promotional Law & Sweepstakes Compliance