Saturday, May 14, 2016

Thomas Atkinson and Dana Gerber Honored As Work Comp Experts By Super Lawyer Magazine.

Every year Super Lawyers magazine conducts an exhaustive selection process to recognize the very best lawyers in Minnesota.  Once again in 2016 our firms founder Tom Atkinson was selected as a workers compensation Super Lawyer.  In addition attorney Dana Gerber was selected as a Rising Star.  Finally, partner Kerry Atkinson has been recognized by the Minnesota State Bar Association as a "civil trial specialist", one of the very few practicing Minnesota workers compensation experts honored with this recognition.

All of the attorneys at Atkinson Law Office have a unique experience in that we all are former insurance company attorneys.  Having formerly represented employers and insurers we have learned ALL of the secrets that we share with our clients to help them maximize their workers compensation benefits.  We often receive calls from injured workers who are "kicking the tire" to learn about work comp.  We welcome those calls, we encourage those calls. What is surprising is how little most injured workers actually know about their rights to benefits AND how often the insurance company adjusters are improperly paying their claims and benefits.  In some cases injured workers like you are being directed to doctors that have secret relationships with the insurance company and aren't really looking out for you.  In others they are simply paying you the incorrect vocational rehab and wage benefits.

Every single day our Super Lawyers talk to clients like you and happily give them free advice, recommendations, share some secrets and send them on their way.  Unfortunately though more often than not we learn that benefits are being paid improperly or not at all.  We offer free consultations and our phones are answered 24 hours day, 7 days every week at 651-333-3636.  Learn more about our Super Lawyers and expert workers compensation attorneys at our website

Sunday, April 17, 2016

Atkinson Law Office Wins Minnesota's First Work Related Medical Marijuana Case!

Earlier this year, I wrote a blog article about the expansion of medical marijuana as a tool for treating chronic pain and muscle spasm.  For those who are new to the changes in Minnesota law, in 2015 medical marijuana use was expanded through rules changes by our state legislators and Governor Mark Dayton.  By the summer of 2016 medial marijuana can now be prescribed for pain purposes alone.  Prior to this legislative change, medical marijuana was primarily allowed to only treat terminally ill patients.  No more!

For those of us who represent injured workers, we have noticed dramatic changes in the use of prescription narcotics and opioids in treating chronic and often intractable pain.  Gone are the days when Oxycodone or Percocet are prescribed for months or years to treat chronic pain.  Now a cost effective and far less addictive alternative is being allowed as an effective potential tool by medical practitioners to replace opioids and narcotics.  And Atkinson Law Office is proud to be leading the charge in this change.

In the fall of 2015 Atkinson Law Office was contacted by an injured Minnesota workers compensation claimant who suffers from chronic pain.  He fought long and hard to avoid using narcotic medications following his return to full time employment.  Despite multiple spine surgeries and hard work to retrain himself, he was still plagued by chronic muscle spasm and pain.  Working with the injured worker, Atkinson Law Office filed a claim petition seeking payment of medical marijuana for our client.  Though the insurance company initially fought our efforts, through skillful advocacy for our client the insurance company eventually was force to agree to pay for his medical marijuana.   At a fraction of the cost of narcotic medications, medical marijuana also has far less addictive properties than narcotics and is a reasonable alternative to control pain and muscle spasm.  Atkinson Law couldn't be prouder in being Minnesota's first successful medical marijuana victory in a workers compensation claim.  

If you or a loved one has sustained a work related injury, the lawyers of Atkinson Law are tenacious fighters in helping you recovery the benefits you deserve.  With over 50 years of combined legal expertise we specialize in workers compensation.  Every year we help injured workers recover millions of dollars in workers compensation benefits.  Contact us today for a FREE consultation.  There is never a fee to speak to our workers compensation experts.  Call 651-333-3636 today!  We have operators workers 24 hours/day 7 days/week ready to hep you speak with a real live attorney.

Sunday, March 13, 2016

I Settled My Minnesota Workers Compensation Case Years Ago. Can I Get Help?

Every week our office receives a call from someone who needs help getting a medical bill paid on a case they "settled" many years ago. The first thing we do is help them locate their old settlement papers. Sometimes the injured worker has retained a copy but if not, we can often we can obtain a copy from the Minnesota Department of Labor and Industry where the document was originally filed many years ago.  If we strike out there there are other ways for our investigators to track them down.  After we obtain a copy it literally takes our expert Minnesota work comp attorneys minutes to determine that in many cases they may have more benefits then they initially believed.

There are many different types of settlement which have evolved over the last three decades, the most common of which are outlined below.  Though settlement does not occur in every case, it's mandatory that the parties participate in settlement discussions in every case pending before the Minnesota Office of Administrative Hearings.  The parties can discuss settlement at the court mandated "Settlement Conference", a mediation with an independent third party mediator, or through direct party negotiations.

  •   Full Final & Complete - The most common these days is a "full, final and complete settlement".  This is a common settlement when the workers compensation insurer has denied liability that you have a work injury.  This type of settlement involves the insurer paying you a lump sum of money to closed out all past, present and future workers compensation benefits of any kind.  In exchange for the lump sum payment you right to all workers compensation benefits are closed out.
  •   Full, Final & Complete With Medical Open - This is the most common settlement when the employee has an admitted injury but the there is conflicting evidence regarding the extent of the injury or whether it is temporary or permanent.  Often an adverse medical report from an "independent medical examination" constributes to an employee agreeing to the same.  This is similar to the first settlement above with the exception that some of your future medical benefits are left open.  
  •   To Date Settlement - This was more common years ago and still occurs on occasion especially when the employee has a very strong case.  This settlement usually results in the workers compensation insurer paying all outstanding medical bills through the date of the agreement as well as a compromise of wage loss claims or other disputes as well.  In this settlement all future wage loss, vocational and medical claims remain open subject to the ongoing defenses of the workers compensation insurance company.
Settlements are voluntary and you are not compelled to engage in the same.  However, our attorneys and all workers compensation judges believe that settlement discussions are a necessary part of the workers compensation system.   Workers compensation is a "no-fault" system and as the result of this compromised system of justice you will never be made "whole" or fully compensated for your injury. Having been an injured workers like you, I can assure you that you will NOT receive "justice" even with a win at hearing.  The best that you can hope for is that the compensation judge finds you to be a credible witness and that you have met your burden of proof in establishing you sustained a work related injury.  From there you entitlement to workers compensation benefits will flow.  However, often the injured worker chooses to settle for reasons personal to them and their case.  

At Atkinson Law Office we have recovered millions of dollars in benefits on behalf of our clients every year!  For a free consultation contact the workers compensation experts today.  All of our lawyers are award winning attorneys and FORMER insurance company attorneys who will show you the secrets the insurance companies don't want you to know.  Contact us today at 651-333-3636.  

Friday, December 18, 2015

I Have A Minnesota Workers Compensation Injury. Can I Receive Medical Marijuana For My Pain?

Earlier this year Minnesota joined others states in permitting the prescription of medical marijuana or cannabis by a medical doctor.  Initially medical marijuana was only permitted for certain diseases or conditions.  At the time the law was enacted in 2015 medical marijuana was not permitted to be prescribed for pain purposes alone.  This resulted in dozens of experts, health care professionals and individuals complaining and testifying before the Minnesota legislator that this exception was unfair and cruel.  Whereas narcotic and opioid drugs, that far more addictive are readily available, a safer treatment plan using medical cannabis is prohibited.  

After much debate the Minnesota Commissioner of Health approved the used of medical marijuana and cannabis to include "“intractable pain” (as defined by Minn. Stat. 152.125).  Above is the timeline for implementation of Minnesota's prescription of medical marijuana and cannabis for pain.  

Now that Minnesota has allowed for the prescription of medical cannabis for pain beginning the summer of 2016, the question remains what is "pain".  The statute attempts to define "intractable pain" but I assure you that we will spend the next few years determining what it actually means and how it should be applied to pain associated with work injuries.

 Subdivision 1. Definition. For purposes of this section, “intractable pain” means a pain state in which the cause of the pain cannot be removed or otherwise treated with the consent of the patient and which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts. Reasonable efforts for relieving or curing the cause of the pain may be determined on the basis of, but are not limited to, the following: (1) When treating a nonterminally ill patient for intractable pain, evaluation by the attending physician and one or more physicians specializing in pain medicine or the treatment of the area, system, or organ of the body perceived as the source of the pain; or (2) When treating a terminally ill patient, evaluation by the attending physician who does so in accordance with the level of care, skill, and treatment that would be recognized by a reasonably prudent physician under similar conditions and circumstances.

At Atkinson Law Office we have already begun exploring the benefits of medical marijuana with our clients.  We expect to file our first claim shortly.  If you have suffered a Minnesota workers compensation injury, regardless of whether you believe you are receiving all of your proper benefits it would benefit you to contact our expert attorneys to discuss your claim.  This consultation is free.  Contact our office today at 651-333-3636.  We represent clients across the state of Minnesota and country who have sustained Minnesota workers compensation injuries.  Visit us today at

Thursday, October 29, 2015

Have You Received or Are Receiving PERA Retirement and MN Workers Compensation Permanent Total Disability Benefits?

You may be entitled to your share of MILLIONS of dollars in unpaid or underpaid workers compensation benefits. Recent changes to Minnesota law has resulted in unpaid benefits to thousands of public employees who have received or are receiving workers compensation permanent total disability benefits.

The workers compensation specialists at Atkinson Law Office have over half a century of combined workers compensation experience.  We are aggressively pursuing reimbursement of potentially large sums of money as the result of insurance companies illegally reducing your workers compensation payments by the amount of PERA (public employee retirement association) retirement benefits.  We can assist you in obtaining the benefits you or your loved ones are owed.  Our office specializes in Minnesota workers compensation.  Various lawyers at Atkinson Law Office have been recognized as Super Lawyers, rated as "10" by AVVO, and recognized as Civil Trial Specialists by the Minnesota State Bar Association.  Every year our lawyers have recovered millions of dollars in benefits to clients every years.

Contact the lawyers at Atkinson Law Office today at 651-333-3636 for a free consultation.  There is no fee unless we obtain recovery of lost benefits for you.  Visit our website today for more information

Wednesday, October 7, 2015

Does Minnesota Workers Compensation Provide For Pain and Suffering?

If you have sustained a serious injury while working for a Minnesota employer you may be entitled to what is called Permanent Partial Disability / PPD.  Often those who undergo surgery, lose a limb, or suffer another form of traumatic injury will likely be provided with a whole body permanency rating.  The rating are typically rated after the injured worker reaches maximum medical improvement / MMI (point at which no significant lasting medical improvement will occur).

In trying to understand PPD, you must accept that Minnesota's workers compensation is not fair.  The best you can hope for is a reasonable outcome and with the assistance of an attorney you can maximize your benefits.  Minnesota is on the low end as it pertains to payment of monetary damages for PPD in comparison to other states.  Pro Publica recently conducted a study that demonstrates that the national average for a lost leg is $150,000 and as high as $850,000 in states like Nevada.  However in Minnesota we only provide $48,000 in compensation for a lost leg.  Yes you read that right, if your leg is amputated you are limited to approximately $48,000 depending on how much you lost.  Granted you are also entitled to various wage loss benefits, vocational and retraining assistance and medical benefits which could result in an exceptional larger settlement of your claim, the PPD component is draconian at best.

If you have sustained a Minnesota workers compensation injury, the expert attorneys of Atkinson Law Office have over 50 years of combined experience in handling injury claims like yours.  Attorneys Thomas Atkinson, Kerry Atkinson and Dana Gerber are award winning attorneys dedicated to you.  They are all former insurance company attorneys waiting to share you the secrets that insurance companies don't want you to know.  Contact us today 24/7 at 651-333-3636

Sunday, August 30, 2015

Can I Be Fired For Reporting A Workers Compensation Injury?

If an employer fires you or threatens to fire you for reporting a work injury they are in violation of Minnesota Statute 176.82; 

"Any person discharging or threatening to discharge an employee for seeking workers' compensation benefits or in any manner intentionally obstructing an employee seeking workers' compensation benefits is liable in a civil action for damages incurred by the employee including any diminution in workers' compensation benefits caused by a violation of this section including costs and reasonable attorney fees, and for punitive damages not to exceed three times the amount of any compensation benefit to which the employee is entitled. Damages awarded under this section shall not be offset by any workers' compensation benefits to which the employee is entitled."

It's rare that an employer is stupid enough to commit a violation of Minnesota law but it does happen from time to time.  I strongly urge injured workers to pursue these claims which we refer to as "82 Actions".  To deter an employee from filing a work injury is unconscionable as best and illegal at worst.  I have seen cases where employers, supervisors and co workers have actually convinced seriously injured workers to tell a emergency doctor that their injury did not happen at work.  Telling them the company will lose jobs, workers will lose bonuses, and they will "take care of you".  BULLSH!T They are liars.

If you have been injured at work ANY DELAY in reporting the injury or seeking treatment will often result in a denial of your claim by insurance companies and without an experienced lawyer your claim may also be denied by a workers compensation judge.  If you have been hurt the first thing you should do is seek medical treatment and tell the doctor exactly how you were hurt or the pain developed, then report the injury, and finally contact an attorney!  Consultations with any workers compensation lawyer are free and the good lawyers like those at Atkinson Law Office will never, ever pressure you to hire an attorney.  We explain your rights, recommend a course of action and YOU decide what to do.

If you have been hurt contact the Minnesota workers compensation experts at Atkinson Law Office today for a free, no obligation consultation.  Call us at 651-333-3636 and visit our website at