tag:blogger.com,1999:blog-8829227803000620462024-03-14T02:18:56.971-05:00Minnesota Workers Compensation Secrets From Minnesota's Work Comp ExpertsInjured at work or suffering from an injury that may be caused or aggravated by your job? Let our expert workers compensation lawyers with over 60 years combined experience help you find answers to your work comp questions including; temporary partial disability, temporary total disability, permanent total disability, medical benefits, layoffs, pain and suffering, retraining, discontinuance of benefits, attorney fees, and light duty work. To speak to a MN work comp expert call 651-333-3636Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comBlogger137125tag:blogger.com,1999:blog-882922780300062046.post-23034864738637929272020-12-23T15:30:00.001-06:002020-12-23T15:30:10.231-06:00Injured Workers Furloughed Due to Covid 19? Can I Get Minnesota Workers Compensation Benefits?We are answering calls from Minnesotans who have been laid off, furloughed and whose jobs have been terminated. To most, unemployment is a short term solution, but for those who have permanent work injuries, workers compensation benefits are the long term solution. You may be eligible for wage loss benefits, assistance in finding work or even free retraining payments that include wage and child care assistance. If you have sustained a work related injury the work comp expert lawyers with Atkinson Gerber Law are meeting new and prospective clients in person, by telephone and video meetings every week. Our large conference rooms and state of the art systems allow in person, video or phone meetings.<div><br /></div><div>We are currently representing many workers who sustained Covid-19 related work injuries. Our lawyers are widely respected experts in Minnesota Workers Compensation. Contact our experts today and you will be able to speak to a lawyer immediately. Contact us today <a href="http://WORKCOMPLAWYERS.COM">WORKCOMPLAWYERS.COM</a> or call 651-333-3636<div class="separator" style="clear: both; text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbcMRjdHSaxLI-bi9cJA385Xvp9cqkwgq1z3_yLmy2SdUFfavYylkRX_8k-YIlDLqpYe8n8vYzKQar1Mrq0ogSMxSpao6fYpDQ2yWuTro8WrJs4p94Hahl5pdRSA4-BjUO5KS0Q4xWjUQX/s950/2F9711CB-8F1A-4826-9EA9-6A9E8C240A3E.jpeg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="615" data-original-width="950" height="129" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjbcMRjdHSaxLI-bi9cJA385Xvp9cqkwgq1z3_yLmy2SdUFfavYylkRX_8k-YIlDLqpYe8n8vYzKQar1Mrq0ogSMxSpao6fYpDQ2yWuTro8WrJs4p94Hahl5pdRSA4-BjUO5KS0Q4xWjUQX/w200-h129/2F9711CB-8F1A-4826-9EA9-6A9E8C240A3E.jpeg" width="200" /></a></div><br /></div>Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.685899818.419319163821157 -129.84214980000002 75.039786836178848 -59.5296498tag:blogger.com,1999:blog-882922780300062046.post-8548608910582692172019-12-15T08:30:00.000-06:002019-12-15T08:30:33.643-06:00I Suffered A Work Injury And Now I Need Surgery. What Should I Do?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjq_c-zy-hCZ9flP67jYY0uNsFTvKNK_KLSKXGJHAXXHAjeV93zRKD_GgB1ukiMmLezLLiPIAYURQAwgptie1_o77QhU7CNWzdNgZWKw3OvzymEKwTpNM1aMnZM4R8k29P4HMORePAQyC51/s1600/back.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="601" data-original-width="900" height="133" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjq_c-zy-hCZ9flP67jYY0uNsFTvKNK_KLSKXGJHAXXHAjeV93zRKD_GgB1ukiMmLezLLiPIAYURQAwgptie1_o77QhU7CNWzdNgZWKw3OvzymEKwTpNM1aMnZM4R8k29P4HMORePAQyC51/s200/back.jpg" width="200" /></a></div>
<span style="background-color: white; caret-color: rgb(28, 30, 33); color: #1c1e21; font-family: system-ui, -apple-system, BlinkMacSystemFont, ".SFNSText-Regular", sans-serif; font-size: 14px;">Though I'm a workers compensation attorney first and foremost, I also consider myself an advocate for informed health care decisions. Following my own work injury many years ago, I have undergone multiple back surgeries over the years (knock on wood I'm doing very well). Because of the same, injured workers are often drawn to me for this very reason. I can relate to what they are going through when making informed decisions about whether to proceed with a surgery. This brings me to surgeries performed on older injured workers. I share this story as <a href="https://www.nytimes.com/2019/12/13/health/frail-elderly-surgery.html?algo=identity&fellback=false&imp_id=330460101&imp_id=666797080&action=click&module=Science%20%20Technology&pgtype=Homepage" target="_blank">another resource</a> <a href="https://www.nytimes.com/2019/12/13/health/frail-elderly-surgery.html?algo=identity&fellback=false&imp_id=330460101&imp_id=666797080&action=click&module=Science%20%20Technology&pgtype=Homepage" target="_blank">(click here)</a> in the decisions you make. If you are an injured worker and a surgeon has recommended surgery, never be afraid to seek a second opinion. You get one chance at this decision! Inform and educate yourself to make the best decision for you and your family. </span><br />
<br />Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126442000000004 -105.01304830000001 52.332664 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-8407506720861379722019-10-20T11:37:00.001-05:002020-05-06T07:59:17.522-05:00How To Choose A True Minnesota Workers Compensation Expert Attorney.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhykaiNd1_D6z3ACNIdU4vPOUvgQ59-Hzi5XJAB9M9Rdidl8rge8f_mLSvFlGF2y7MiH3QVfC5sz5k6lhdqFeRQ8z2UzCLFi6GIOV8pyjbzSzZXSlSNTtfLNUd8mq7kFTxwcCpjiKJk4GRc/s1600/checklist.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="342" data-original-width="500" height="217" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhykaiNd1_D6z3ACNIdU4vPOUvgQ59-Hzi5XJAB9M9Rdidl8rge8f_mLSvFlGF2y7MiH3QVfC5sz5k6lhdqFeRQ8z2UzCLFi6GIOV8pyjbzSzZXSlSNTtfLNUd8mq7kFTxwcCpjiKJk4GRc/s320/checklist.jpg" width="320" /></a></div>
You have sustained a work injury in Minnesota and you want to know what to expect or what benefits you are entitled to. What do most injured workers do when they need an attorney? They ask friends, family or like most people you go onto the internet and research Minnesota Workers Compensation. Unfortunately as I have stated on previous blog posts there are lawyers who exaggerate their expertise in workers compensation or are "posers". They dabble in work comp or they are filled with "baby lawyers". Here is a free checklist to use when interviewing a Minnesota workers compensation attorneys. If any of the following answers are NO, you owe it to yourself and family to continue searching for the right attorney for you.<br />
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1. <b>Has the attorney practiced law for at least 10 years? </b> Would you have a surgeon just out of medical school operate on your child? They may be smart, but they don't teach "experience" in law school. Choose experience because it really does matter.<br />
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2. <b>Does the attorney specialize in workers compensation?</b> - Workers compensation is an extremely specialized area of the law with laws that are constantly changing. I have personally handled workers compensation cases exclusively for nearly 30 years. I cringe when I get calls from injured workers who hired a "posers" or baby lawyer and soon realize the mistake they made. It may not be too late to change. In some special circumstances we will assist these injured workers change attorneys.<br />
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3. <b>Has the attorney taken a case to hearing before a judge at Minnesota Office of Administrative Hearings <u>e</u></b><b><u>very single year </u></b><b>they been an attorney. </b> Why is this important? It demonstrates the attorney is not a dabbler who handles work comp some days and family law and criminal matter on others. It also shows that the attorney isn't afraid to take a case to a formal hearing and fight for their client when necessary. I know an attorney who claims to "specialize" in work comp for over 10 years but has NEVER gone to hearing. And guess what? Every single defense attorney and insurance adjuster know who these attorneys are. Even experienced personal injury attorneys are can be guilty of being work comp dabblers. You've seen these firms advertise on TV or on billboards...dabblers. Not a single top Minnesota work comp lawyer advertises on TV or has a billboard? Why because they don't need to advertise to get clients. Clients are often referred to Atkinson Law Office by other attorneys and doctors.<br />
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4. <b>Take lawyer ratings with a grain of salt.</b> Workers compensation disputes are very emotionally charged and frustrating. Just like any relationship there may be times when you and your attorney do not agree. Lawyers make recommendations and clients make decisions outside of the courtroom. When they differ it may be time to find a new attorney. In addition, many internet lawyer review sites are "anonymous" so some lawyers hire companies to leave good ratings...or poor ratings for others. It's unethical but not enforced by many professional oversight boards.<br />
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5. <b>Listen to your gut instincts.</b> Don't hire an attorney just because they were the first one to take your call or they sound nice. After asking the attorney the above questions and they answer YES to all three of the first test questions AND you seem to have a good rapport or ability to speak to them, you have found an attorney to potentially hire. I often encourage injured workers I meet for the first time to talk with other lawyers. I will even go so far as to suggest other lawyers who have the same expertise and high ethical standards as we do. In the end we want you to have a "good fit" with an expert Minnesota workers compensation attorney.<br />
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If you want a free consultation regarding your work injury contact the work comp experts at<a href="http://mndisability.com/" target="_blank"> Atkinson Gerber Work Comp Experts</a> at 651-333-3636.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126442000000004 -105.01304830000001 52.332664 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-2696698669285830342019-03-13T21:59:00.000-05:002019-03-16T17:28:15.818-05:00Can I Receive Social Security And Minnesota Workers Compensation Benefits? YES.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhOtSwsUaShODZFcwuI7wWqEL0eBz89Sz4Sun3H3Jr24RBl2o4kkda1IIJGCkEmYc_hk1fa8578BTPXNqQFGmAPhV-fL3dNm6MWVTFVXz7xoNKBVBDTQY8EdrwwJ9X-mXwCR5CRwo26Ad-z/s1600/money.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="800" data-original-width="1200" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhOtSwsUaShODZFcwuI7wWqEL0eBz89Sz4Sun3H3Jr24RBl2o4kkda1IIJGCkEmYc_hk1fa8578BTPXNqQFGmAPhV-fL3dNm6MWVTFVXz7xoNKBVBDTQY8EdrwwJ9X-mXwCR5CRwo26Ad-z/s320/money.jpg" width="320" /></a></div>
If you are currently receiving Social Security Disability benefits and have an old work injury with permanent restrictions, contact our office TODAY. We have recovered hundreds of thousands of dollars for SSDI recipients merely by reviewing their old Minnesota workers compensation files and in some cases there old settlement documents. If you don't have your documents call Atkinson Law Office, we can obtain a copy of those documents from the State of Minnesota on your behalf.<br />
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How do we do this? We investigate whether your old work injury is a substantial contributing cause to your permanent disability. If it is, in some cases we can bring a claim for permanent total disability for your workers compensation claims, regardless of whether it occured last year or 20 years ago. We know how to do it and have done it many times, often recovering tens of thousands of dollars in benefits.<br />
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Do you have to pay Atkinson Law Office up front to review your documents or pursue your claim? The answer is always the same; NO! We only get paid if we obtain benefits for you. Visit us today at <a href="https://www.mndisability.com/Workers-Compensation-FAQ/Do-I-Have-a-Workers-Comp-Claim.shtml" target="_blank">Atkinson Law Office</a>. 651-333-3636. Our lawyers are Minnesota workers compensation experts who have all been named as <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html" target="_blank">Super Lawyers</a>Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-22628973928301691872019-01-18T10:21:00.001-06:002019-01-18T10:22:09.865-06:00Does Minnesota Have Pain and Suffering For Work Injuries?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhp8m22PXHwBTVm8cr0jwA02hJqBU9vA6X2d1Zs1exu0Ls12t0pmKR4dd1fWiRIeipJGP0ZCMDCR7X86MtQ4tC6ZXvz3JqUGtopio-SvLhWt9yrBpWKhtjChF2rMZU5lvteVIWklMM7jYWB/s1600/damage.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="225" data-original-width="300" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhp8m22PXHwBTVm8cr0jwA02hJqBU9vA6X2d1Zs1exu0Ls12t0pmKR4dd1fWiRIeipJGP0ZCMDCR7X86MtQ4tC6ZXvz3JqUGtopio-SvLhWt9yrBpWKhtjChF2rMZU5lvteVIWklMM7jYWB/s1600/damage.jpg" /></a></div>
Minnesota workers compensation provides a different form of "damages" then one would receive in a personal injury accident such as a car accident or medical malpractice claim. The reason is that "negligence" is not a factor in determining the cause of the injury or damages. It's not relevant whether your co-worker or employer are negligent or that your injuries prevent you from doing the personal or social activities you did before your injury.<br />
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You can expect to receive lost wage benefits, vocational assistance to keep or find a new job, payment of your medical expenses and a small payment for any resulting permanent disability.<br />
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When I meet with new clients I'm always up front and tell them that these benefits may not seem fair, because in many instances they are not. Especially when your employer or co-worker were grossly negligent. I agree, Minnesota's workers compensation system is not fair. I had a work injury too; a low back surgery many years ago. After being off of work for months, being forced to give up activities I loved, having to hire people to perform household chores I can no longer perform, I received a small sum of money for my troubles. Yep, it isn't fair.<br />
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Our lawyers ensure that even if you believe you are receiving all of the benefits listed above, you are receiving the proper amount. Often the basis for your wage loss is incorrect, or you are directed by the insurance company or your employer to treat only with a particular doctor who doesn't have your best interest in mind. Everyone who has a work injury should take 30 minutes to speak to an experienced work comp expert. Not a<a href="https://www.blogger.com/u/1/blogger.g?blogID=882922780300062046#editor/target=post;postID=1321636712793252576;onPublishedMenu=allposts;onClosedMenu=allposts;postNum=3;src=postname" target="_blank"> "dabbler"</a> or "baby lawyer". At <a href="https://www.mndisability.com/" target="_blank">Atkinson Law</a>, we specialize in workers compensation, we have over 60 years combined experience and year after year are chosen as <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html" target="_blank">Super Lawyers</a> by our peers and judges. Call today for an appointment. 651-333-3636.<br />
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<br />Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-40589631295574531592018-11-27T20:52:00.002-06:002018-11-27T20:52:59.262-06:00Will A Work Comp Claim Create An Adversarial Relationship With My Employer?<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1FwERPIiKENV5j7RJNdlUGyeB29EZKCqXRMT9R33MRkXxbBH-yD-tZOEwVmiQUFqdBIVwjTErozrj_lZTEa8K-_EPjNG86oTwSHT0UC_0X6sPVGQKR5NDqyY59DbQo-l4E1tAbNSwSVr_/s1600/injury.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="1068" data-original-width="1600" height="212" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi1FwERPIiKENV5j7RJNdlUGyeB29EZKCqXRMT9R33MRkXxbBH-yD-tZOEwVmiQUFqdBIVwjTErozrj_lZTEa8K-_EPjNG86oTwSHT0UC_0X6sPVGQKR5NDqyY59DbQo-l4E1tAbNSwSVr_/s320/injury.jpg" width="320" /></a>Unlike a car accident or a dog bite, when you have a work related injury the claim is brought against your employer. There is a fear that "suing" your employer will result in your termination or other forms of retaliation. Is this legal? The answer is absolutely not! An employer is subject to significant civil penalties for terminating or discriminating against an employee for reporting or bringing a workers compensation claim. This is a separate claim from the workers compensation claim. It's a civil action heard in district court and brought before a jury. The work comp claim will be a separate claim brought before an administrative law judge, no jury and usually on an expedited basis in comparison to a civil case. <br />
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If you have sustained a work related injury and believe your employer is discriminating against you for filing a claim, contact the lawyers of Atkinson Law Office today. We will review your workers compensation claim AND advise you as to the likelihood of successfully pursuing a claim against your employer for discrimination. Please do NOT let your employer bully or intimidate you from bring a Minnesota workers compensation claim. There are time constraints for initiating a claim for work comp benefits and treatment. Visit our website <a href="http://www.mndisability.com/" target="_blank">Free Minnesota Workers Compensation Law Center</a> or call today at 651-333-3636. We represent clients all over Minnesota and throughout the US who have sustained work related injuries. Visit our website todayMinnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-52392221661977101002018-06-30T09:43:00.003-05:002018-06-30T09:43:30.641-05:00But My Minnesota Work Comp Case Is Closed. Usually You Are Wrong!<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaBXoADjightliaeUrzGfXEgs77vO1aA7k2ckywMsiojh6JAUe4hOeWQZ0cfmqm8ZD_aZicybJAHNxgQkbgH-KSYXDHy8JWyBPnMUEym9bGmVl6F0zRbc-9T_EISU87QYcz2Ct_xtYLO2q/s1600/case+closed.jpeg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="290" data-original-width="600" height="154" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaBXoADjightliaeUrzGfXEgs77vO1aA7k2ckywMsiojh6JAUe4hOeWQZ0cfmqm8ZD_aZicybJAHNxgQkbgH-KSYXDHy8JWyBPnMUEym9bGmVl6F0zRbc-9T_EISU87QYcz2Ct_xtYLO2q/s320/case+closed.jpeg" width="320" /></a></div>
You know the saying, "if I had a nickel for every time..." someone called thinking their Minnesota workers compensation case was closed I would be a rich man. <br />
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Here are the facts; in Minnesota a workers compensation judge MUST approve any settlement entered into between an insurance company and an injured worker. If you have never had an attorney it's very unlikely your case is really "closed". More likely, the insurance adjuster paid your permanent partial disability and closed your case. In some cases, even though you had an attorney assisting with your claim, your case may also still be open! <br />
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At Atkinson Law Office, we have reopened hundreds of these "closed" cases over the years. In one instance recently we recovered an additional $200,000 in workers compensation benefits. The client was astounded and frankly so were we. How did this happen you may ask? We were assisting a client with a social security disability application. In preparing for the application we learned that one of his past back surgeries was work related. He assumed that because he had an attorney and received a lump sum from the insurance company his case was closed. <br />
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We conducted an investigation and within 2 weeks we learned he never actually settled his work comp case and all of his benefits remained open. What he thought was a settlement was actually payment of <a href="http://www.dli.mn.gov/wc/DispBenPpd.asp">permanent partial disability</a>. We subsequently filed a claim for permanent total disability arguing successfully that his prior work related back injury was substantially contributing to his inability to work.<br />
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Injured workers are entitled to wage loss, vocational assistance, medical benefits and permanent partial disability. Though we don't have "pain and suffering" we are a no-fault benefit system. Even if you could be deemed negligent in causing or contributing to your injury you are entitled to full compensation under Minnesota workers compensation laws. <br />
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If you have a new or old workers compensation case, we would be happy to review your file and help you learn about missing benefits and compensation. Call us at 651-333-3636 and visit our website <a href="http://www.mndisability.com/">www.mndisability.com</a> . We have represented thousands of clients throughout Minnesota and across the United States who have sustained Minnesota workers compensation injuries.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-13216367127932525762018-03-17T10:34:00.001-05:002018-03-26T21:37:51.485-05:00Do NOT Hire A Minnesota Work Comp Lawyer Who Is A Poser or Dabbles In The Law<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbP_zetjm6nXZ3MoecJ9QEf5wwxhDdzBuXPsA8DFAFGFlx5TrMZqOTQUnezAtFQK9dWlNBuYhYv65rIVdXTlssC_me7DR9S7YA8ihYZQEHJRt0LkHZ554y-UZb8uVV9abHUdBP0XKVmezM/s1600/posers.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="358" data-original-width="658" height="174" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhbP_zetjm6nXZ3MoecJ9QEf5wwxhDdzBuXPsA8DFAFGFlx5TrMZqOTQUnezAtFQK9dWlNBuYhYv65rIVdXTlssC_me7DR9S7YA8ihYZQEHJRt0LkHZ554y-UZb8uVV9abHUdBP0XKVmezM/s320/posers.jpg" width="320" /></a></div>
The Minnesota workers compensation bar (the lawyers who regularly practice workers compensation law) is a very small group made up of a few dozen lawyers. However, there are many more lawyers who handle other types of cases including family law, immigration, bankruptcy and criminal law who occasionally handle a Minnesota workers compensation case. You may wonder how they can possibly keep up with the ever changing laws in order to properly represent their client. The answer is they don't and they can't.<br />
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<b>The Dabbler</b></div>
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For over 25 years I've practiced exclusively in workers compensation. Many years ago, I also represented insurance companies and employers; I don't anymore. I would often come across these "dabbler" lawyers as I called them who would actually ask me to teach them how to handle a work comp case. In other words, an injured worker's lawyer asked the defense lawyer how to do best represent their client. It's true, sadly it's true. How do you think that turned out? Not well for the client.</div>
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<b>The Poser</b></div>
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Workers compensation laws are not uniform for injured workers across Minnesota. Different dates of injury can result in dramatically different benefits and many lawyers don't know this simple fact. What often happens is that an injured worker gets a referral from a family friend to a lawyer they know, or are drawn into a pretty website that states "Minnesota's Top Attorneys For Injured Workers". Often some of these lawyers and law firms rarely, if ever, handle workers compensation cases. For example, if you are considering representation by Fields Law Office, call the office and ask to speak to Steve Fields. If you are already represented by Fields Law Office, ask that Steve Fields personally handle your case, attend your deposition and handle your hearing, and let me know how that goes. Though there are lawyers at Fields that are dabblers, one would think that the firm namesake would regularly or even occasionally handle a workers compensation case himself. Right?<br />
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Experience and personal attention matters. Don't hire a "dabbler" and don't hire a "poser". Hire a lawyer who personally handles workers compensation cases day in and day out. One who meets clients, handles your deposition, and goes to court for you. The lawyers of Atkinson Law Office are workers compensation <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-tom-a-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html">Super Lawyers</a> who have been recognized as such because we are experts in the field. We try cases to hearing, the Workers Compensation Court of Appeals, and the Minnesota Supreme Court. We are called upon by groups across the state to lecture and speak about workers compensation issues. If you would like a <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-tom-a-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html">Super Lawyer </a>to represent you, contact <a href="https://www.mndisability.com/Settlements.shtml">Atkinson Law Office</a> today at 651-333-3636. </div>
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Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-72455280181828920512017-12-10T10:58:00.001-06:002017-12-10T11:01:49.664-06:00Has Your Doctor Recommended An Artificial Lumbar Or Cervical Disc For Your Minnesota Workers Compensation Injury?<div class="separator" style="clear: both; text-align: left;">
Having undergone multiple spine surgeries myself, the use of artificial discs in the area of Minnesota workers compensation cases is more than a professional interest for me...it's personal. I have had multiple cervical and lumbar spine surgeries over the course of 25 years. During that time, there was no such thing as an artificial disc being used her in Minnesota. </div>
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Over the last decade multiple companies have used a form of artificial disc for both lumbar and cervical surgeries. What they have learned and I have experienced with or clients, is that they often don't work in the lumbar spine but have been extraordinary successful in the cervical spine. If you think about it, there is far less weight and stressors on the neck in comparison to the low back. One of the struggles with a lumbar artificial disc is described in a recent Minnesota Workers Compensation Court of Appeals case I handled. Our client had an unsuccessful artificial lumbar disc surgery which resulted in him being permanently and totally disabled. If you would like to read about our victory and the case follow t<a href="https://mn.gov/workcomp-stat/2016/DeKeyrel-11-16-16.html">his link</a>.</div>
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The <a href="https://www.youtube.com/watch?v=d9cRSmJHCdw">Mobi C</a> is the most popular and in my opinion the most successful artificial disc being used today in cervical spine surgeries. I have spoken on this topic at seminars with a few surgeons in Minnesota including Drs. Mary Dunn and Nick Will (one is a neurosurgeon and the other is an orthopedic surgeon) and they both speak very highly of the Mobi C. I have had dozens of clients use the Mobi C in the cervical spine and so far, they have experienced excellent results. Though there is always a risk involving any surgery there seems to be less complications with the Mobi C then in a normal cervical fusion. Clients have experienced greater neck flexibility, less chance of infection and faster recovery times over a standard fusion. Below is a video which describes the procedure and the device.</div>
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<iframe allowfullscreen="" class="YOUTUBE-iframe-video" data-thumbnail-src="https://i.ytimg.com/vi/d9cRSmJHCdw/0.jpg" frameborder="0" height="266" src="https://www.youtube.com/embed/d9cRSmJHCdw?feature=player_embedded" width="320"></iframe></div>
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If you have sustained a Minnesota Workers Compensation Injury you should always speak to an experienced workers compensation expert. You may believe, incorrectly, that everything is being paid properly and you are getting the maximum benefit. Well, that's rarely the case. We offer absolutely FREE and no pressure phone or in person meetings to discuss your injury. We are one of Minnesota's largest and most successful workers compensation law firms. All of our lawyers have been recognized by our peers and judges as <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-tom-a-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html">Superlawyers,</a> we have recovered millions of dollars in benefits for our clients every year, and we achieve larger settlements than most firms because the insurance companies know the lawyers at Atkinson Law Office have tried hundreds of cases to hearing and aren't afraid to fight when necessary. Our phones are answered 24 hours/day, call today 651-333-3636. We represent Minnesota workers who have have been injured across the entire state and throughout the Unites States. <a href="https://www.mndisability.com/Client-Testimonials.shtml">Atkinson Law Office; we are Minnesota's number one workers compensation law firm.</a></div>
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Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-60098841507180993302017-11-11T19:50:00.003-06:002017-11-11T19:50:38.808-06:00My Minnesota Workers Compensation Lawyer Retired, Is My Case Closed? Who Will Help?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2ma641gU5R7qvC9-MAoWwNP21NAnQ7XkOVYrApeBcl-SxnJ3_PFmIcWKV4hGCmc7bdt3Oq4WW7CNkFUFZYQ-Iik-ImjYyUnoJ9gHCwS4Um0It0e9gzgjnUeloWo_qKeNUIdk-gltJlN5N/s1600/retire.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="720" data-original-width="1280" height="180" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2ma641gU5R7qvC9-MAoWwNP21NAnQ7XkOVYrApeBcl-SxnJ3_PFmIcWKV4hGCmc7bdt3Oq4WW7CNkFUFZYQ-Iik-ImjYyUnoJ9gHCwS4Um0It0e9gzgjnUeloWo_qKeNUIdk-gltJlN5N/s320/retire.jpg" width="320" /></a></div>
Every year a few Minnesota workers compensation attorneys retire or pass away. In this past year a few lawyers stopped practicing law; Dennis Atchison, Chris Middlebrook, Bill Krueger and Carter Bergen. These were fine lawyers who did excellent jobs representing their clients and will be missed by their colleagues and clients. <br />
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If your former attorney is no longer practicing law or you are unable to locate him or her Atkinson Law Office is here to assist you. We have a long reputation assisting the former clients of lawyers who no longer practice workers compensation. For many years Atkinson Law Office has been chosen by retiring lawyers to handle their practices after retirement. Just as many esteemed lawyers have trusted Atkinson Law Office, you too can rely on our firm. We are experts in obtaining and recovering old workers compensation files and settlement papers. <br />
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One of the most common misunderstandings that injured workers have following a work injury is the belief that their case is "settled". However, upon further investigation only a small part of the case is resolved or settled. In some cases our research finds that there was never a settlement despite the injured worker's belief that their case settled. <br />
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There is never a charge for us to review your old file or settlement papers to determine what if any claims remain open. Atkinson Law Office has recovered hundreds of thousands of dollars in benefits that were "lost" due to unfortunate misunderstandings. <br />
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If you would like to one of our attorneys to review your olf file, call today at 651-333-3636. We have lawyers available 24 hours a day/ 7 days a week to help you. For more information view our website <a href="http://www.mndisability.com/Workers-Compensation-FAQ/">www.mndisability.com </a>.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-45367097720934418152017-07-30T19:46:00.002-05:002017-07-30T19:46:29.008-05:00Does It Matter Who I See For A Minneapolis Workers Compensation Shoulder Injury?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhKvkz0KBX1MNGtLZb5EP0sPu7pdIvDXeErWgv4LoUW4f4xVFhcNojf_k-miiQZ43rcdLuf6N4nabxBNOcVMknaN5bqCkE1qPw9FaaFYTRsT9QWcEgI5Epd-WJJisvqXpxD1GNswbINB3TD/s1600/shoulder.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" data-original-height="259" data-original-width="194" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhKvkz0KBX1MNGtLZb5EP0sPu7pdIvDXeErWgv4LoUW4f4xVFhcNojf_k-miiQZ43rcdLuf6N4nabxBNOcVMknaN5bqCkE1qPw9FaaFYTRsT9QWcEgI5Epd-WJJisvqXpxD1GNswbINB3TD/s200/shoulder.jpg" width="149" /></a></div>
I've had the opportunity to work with dozens of orthopedic shoulder surgeons across Minnesota but there are some that stand out above the rest. Hands down my favorite group is the team of shoulder specialists with <a href="http://www.sportsandortho.com/minneapolis/shoulder.htm">Sports and Orthopedic Specialists</a>. I don't have any personal or professional relationship with these surgeons other than the recognition that if my family members needed a shoulder surgery this is the first place I would call. They are all excellent. <br />
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Aren't all surgeons the same you ask? Well...Not really. They might all be bright, excellent students in medical school with a commanding understanding of shoulder anatomy but good hands and good judgement are not universal. Recently I had a former client who sustained an admitted shoulder injury with a new employer. He was in a huge hurry to get the much needed surgery completed and back to work. He saw two surgeons; Dr. Michael Freehill with Sports and Orthopedics and another ortho who shall go unnamed. Dr. Freehill was about 4 weeks out for surgery but the other ortho could operate within the week. I implored my client to wait but he was a bit head strong and insisted on the unknown ortho. Today is nearly 6 months following a surgery where the typical expected recovery should have been 3-4 months tops...my client is still nowhere near recovered. I have bitten my tongue (and he knows I have) but he is returning to see Dr. Freehill to see whether he can help diagnose what went wrong. Lesson learned the hard way.<br />
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Just as it's incredibly important to hire an experienced Minnesota workers compensation expert, it's also incredibility important to treat with the best doctor for your particular injury. You sustained a Minnesota workers compensation injury...in most instances YOU choose with whom you treat with not the insurance company or employer. Don't necessarily ask your family doctor, ask you friends, relatives and lawyers who have first hand experience with treatment. I'm always happy to give free advice as well. Like lawyers, doctors are not all equal! NOT EQUAL. Feel free to call me directly; <a href="http://www.mndisability.com/Attorney/Thomas-Atkinson.shtml">Thomas Atkinson</a> with Atkinson Law Office. 651--333-3636<br />
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<br />Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-57904116942304071832017-06-15T10:44:00.003-05:002017-06-15T10:44:45.731-05:00<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEimlUoB4MyomvFfnm2FeXXHspmER1y4ulPG-tmCINt-wWsTzEbAnp8gc8kcGkHsqjmf4tNc0PROdaFnPFsJT3iYvz9lVYL9xj2dMFumXVCFpQT5DCvIWCLQRi9ORxRrW2bXgq0PkYKCdFIV/s1600/form.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" data-original-height="306" data-original-width="461" height="212" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEimlUoB4MyomvFfnm2FeXXHspmER1y4ulPG-tmCINt-wWsTzEbAnp8gc8kcGkHsqjmf4tNc0PROdaFnPFsJT3iYvz9lVYL9xj2dMFumXVCFpQT5DCvIWCLQRi9ORxRrW2bXgq0PkYKCdFIV/s320/form.jpg" width="320" /></a></div>
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<span style="font-family: Calibri, sans-serif; font-size: 19.5pt;">New legislation affecting permanent total disability workers compensation claims</span></h1>
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<span style="font-family: Calibri, sans-serif;">The new law applies to:</span></h3>
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<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">Injured workers with dates of injury before August 13, 2014 (or their dependents and legal heirs) whose permanent total disability (PTD) benefits were offset by government retirement benefits other than Social Security; and</span></li>
<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">Payers that reduced PTD benefits by the injured worker’s non-Social Security government retirement benefits before August 13, 2014.</span></li>
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<span style="font-family: Calibri, sans-serif;">The new law does not apply to:</span></h3>
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<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">Injured workers whose last PTD benefits were paid before January 1, 2000;</span></li>
<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">Dependents and legal heirs of deceased injured workers who died before January 1, 2008; and</span></li>
<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">Injured workers where a court allowed the retirement offset, or where a court-approved stipulation for settlement explicitly allowed the retirement offset or closed out all workers’ compensation benefits. (However, the new law does not prevent non-covered injured workers, dependents and legal heirs from pursuing claims for additional PTD benefits based on the decisions.)</span></li>
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<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;"> above;</span></li>
<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">is subject to litigation brought by injured workers for additional PTD benefits owed; and</span></li>
<li class="MsoNormal" style="font-family: "Times New Roman", serif; font-size: 12pt; margin: 0in 0in 5.25pt;"><span style="font-family: Calibri, sans-serif;">is subject to penalties assessed by DLI or a compensation judge (depending on the facts) based on the court decisions.</span></li>
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<span style="font-family: Calibri, sans-serif;">If you or a family member received government disability benefits and made a claim for permanent total disability benefits under the Minnesota Workers Compensation Act, contact the attorneys of Atkinson Law Office immediately to determine whether you have benefits coming to you on your loved one. The amounts due are often very large and we can help you navigate the claim. Call 651-333-3636 or visit us at <a href="http://www.mndisability.com/">www.mndisability.com</a> today. </span></div>
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Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-22744615267371372652017-03-04T17:17:00.002-06:002017-03-04T17:17:52.237-06:00I Suffered A Minnesota Workers Compensation Injury. Do I Need Back Surgery?<div class="separator" style="clear: both; text-align: center;">
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<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMAm0nFnoW9yhtezIwOhPmbowQ-dslB-Ggk5feB4TAe4ZHs6JdGrFW_UuOU1T_IWhKLIErQ8OHjk-r4D0KOcXrRdy1s6m2PPDV3bi8_7Iq7ucizxFF056Fuv4zuSM0uT-nBPKXk-KNxlic/s1600/back.png" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="150" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMAm0nFnoW9yhtezIwOhPmbowQ-dslB-Ggk5feB4TAe4ZHs6JdGrFW_UuOU1T_IWhKLIErQ8OHjk-r4D0KOcXrRdy1s6m2PPDV3bi8_7Iq7ucizxFF056Fuv4zuSM0uT-nBPKXk-KNxlic/s200/back.png" width="200" /></a></div>
Though I've been a Minnesota workers compensation attorney my entire legal career, that's the very same question I asked myself nearly 20 years ago. Do I need lumbar spine surgery.<br />
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I was injured at work and despite conservative care, my radicular leg and back pain left me unable to sleep and barely able to function. Over time I grew frustrated, short tempered and frightened about my future. Despite being a young lawyer, I was worried that I wouldn't be able to do my job given my inability to sit or stand for extended periods of time; a prerequisite to being a trial lawyer. I was taking narcotic medications that left me fuzzy at best and only took the edge off my pain. I want to share with you what I've have learned over the past few decades since my injury and lumbar spine surgery. <br />
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Over the years I have handled or represented over a thousand cases involving spinal cord injuries. I'm unique in being the only Minnesota work comp attorney who has sustained a spinal cord work related injury. In fact, I have undergone three spinal surgeries since 1992. Lucky me right? Twentyfive years later spine surgeries have dramatically changed and in most cases improved. During this time I have seen aggressive use of <a href="http://www.mndisability.com/Articles/Spinal-fusion-surgery-criticized-Impact-on-workers-comp-in-MN.shtml">lumbar and cervical fusions</a>, <a href="http://mnworkcompsecrets.blogspot.com/2015_03_01_archive.html">the introduction of artificial discs</a>, and <a href="http://mnworkcompsecrets.blogspot.com/2017/01/spinal-cord-stimulators-are-they-safe.html">development of spinal cord stimulators</a>. <br />
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Most lawyers are hesitant to offer advice on surgery because they haven't had the same. Though I'm a workers compensation attorney, I feel obligated to be a "counselor" as well. I encourage my clients to explore conservative treatment and only enter into the decision of spinal surgery after the same. I also make sure that they understand that though surgery can relieve their symptoms, in rare situations their conditions could worsen. I offer the names of physicians and clinics that have a proven track record of having, "good hands, good heads and good hearts". I consider myself lucky that my surgeries have turned out extraordinarily well. I am 100% pain free. <br />
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I often blog that not all workers compensation attorneys are equal and that <u>experience matters</u>. This applies to orthopedic surgeons and neurosurgeons as well. Like some lawyers I know, a surgeon may come across as confident and a smooth talker. This doesn't mean they are either good in the courtroom or in the operating room. Surgeons can be overconfident of their talents and fail to communicate or even know the long term outcome of their surgical patients. Very few have patient follow up beyond 3-6 months post surgery. If the patients having ongoing or worsening pain and are non surgical there is usually nothing a surgeon can offer you and they wash their hands with you. In fact, in many cases the last time you see your surgeon is just before the surgery or while recovering at the surgical center or hospital. Often follow up care is performed by nurse practitioners or physicians assistants. Remember; "good hands, good heads and good hearts". It's rare to find a surgeon with both. <br />
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If you sustained a work injury and want to discuss the surgery, I'm happy to sit down with you for free and listen and discuss with you your options. A decision to undergo surgery is a personal decision and I will never tell you to do the same. I will simply share with you what I have experienced personally and in the thousands of workers compensation cases I have been involved with over the last 25 years. With this information you can hopefully make a more informed decision of what is best for you and your family. Contact us today at 651-333-3636 for a free consultations. Every single one of our attorneys has been honored as a <a href="http://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-tom-a-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html">Superlawyer</a> and is a workers compensation expert. Visit us at <a href="http://www.mndisability.com/">www.mndisability.com</a> for more information. Also visit our <a href="http://www.mndisability.com/Video-Center.shtml">video center</a> for answers to many of your questions. Our phones are answer 24/7 and in many cases you can talk to a lawyer anytime of the day or night.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comUnited States44.902577996288869 -94.30664062539.33040499628887 -104.63378912499999 50.474750996288869 -83.979492125000007tag:blogger.com,1999:blog-882922780300062046.post-76775232112765802882017-01-23T22:51:00.001-06:002017-01-23T22:51:45.378-06:00Spinal Cord Stimulators. Are They Safe And Will Work Comp Pay For One?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjNxEWyXHV4MT12HIeXcgjwi8ZV01Pss-pO2T75GggqgpCzadJn_-JZ902eFdPEPNaX4C0IZMxK_81IppWaL2FQz4FGjhuzKVUQw7CsqPnP8vRltjPPKRByNpcETufOxOAg5sV_6eEkdX_o/s1600/stim.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="246" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjNxEWyXHV4MT12HIeXcgjwi8ZV01Pss-pO2T75GggqgpCzadJn_-JZ902eFdPEPNaX4C0IZMxK_81IppWaL2FQz4FGjhuzKVUQw7CsqPnP8vRltjPPKRByNpcETufOxOAg5sV_6eEkdX_o/s320/stim.jpg" width="320" /></a></div>
Spinal cord stimulators have been around for decades. In the nearly 25 years that I have been a workers compensation attorney, I have been involved in nearly a hundred cases involving spinal cord stimulators. The first observation I have is that the actual devices have dramatically changed over time. The first ones were large, clunky, plagued with software issues and not permanent. They are none of those things now as you can see from the image to the right.<br />
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Years ago I represented a "retired" US Marine who sustained a significant back injury. After a "failed" lumbar fusion his surgeon recommended a spinal cord stimulator. "Bill" wanted to be able to get back into his farm fields to drive tractors and bale hay for his livestock. After the stimulator was implanted Bill was a changed man. His smile returned, he was extremely mobile and yes he was able to get back on his tractor. I spoke with Bill a few days ago and he recently had a new model implanted that was voluntarily paid by the workers compensation insurer after losing the first fight nearly 10 years ago.<br />
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The process has changed somewhat since Bill had his stimulator implanted. Bill's device was recently replaced because the battery power was failing. New models are much smaller and unlike Bill's first model, they can be charged subcutaneously or through your skin. In addition the software which is just as important as the hardware has dramatically improved.<br />
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Over the past decade Atkinson Law has NEVER lost a spinal cord stimulator claim. NEVER! There are specific rules that must be followed by your treating physician to obtain approval and payment for your device. At Atkinson Law we have a very successful model we follow to present a strong claim where appropriate, to assist you and your physician obtaining approval. If you are considering a spinal cord stimulator I strongly urge you to contact one of our attorneys today. Call 651-333-3636 and visit our website at <a href="http://www.mndisability.com/Articles/Will-spinal-stimulation-one-day-allow-the-paralyzed-to-walk.shtml">www.mndisability.com</a> You consultation with our expert attorneys is always free and if we get your spinal cord stimulator approved, our fees will be paid directly by the workers compensation insurer. Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126442000000004 -105.01304830000001 52.332664 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-55673441323156584352016-11-12T10:20:00.003-06:002016-11-12T10:24:16.114-06:00Can The Work Comp Insurer Cut Off My Pain Meds? <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLrvW-lsDF5JJC1TIFJkdxVBWHodD5txQ_YNX7WwXZY0Mzhc2E8voeAuIT3fGooUegT2eYAjY6PG9OB7EiRn_QeivT3l4FFjcU7fZDwLqZeRxfGTCVAhHGGj-njVVv7PhmjzUbdNaQIUos/s1600/painmed.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="142" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLrvW-lsDF5JJC1TIFJkdxVBWHodD5txQ_YNX7WwXZY0Mzhc2E8voeAuIT3fGooUegT2eYAjY6PG9OB7EiRn_QeivT3l4FFjcU7fZDwLqZeRxfGTCVAhHGGj-njVVv7PhmjzUbdNaQIUos/s200/painmed.jpg" width="200" /></a></div>
Recently the Minnesota Department of Labor and Industry erected hurdle for injured workers using pain medications following a Minnesota workers compensation injury. The purpose of the change is allegedly two fold; first to reduce costs for insurers and second to stem pain medication abuse. Having undergone three spine surgeries myself, I know first hand the benefits of narcotic medications. Recovery from surgical procedures can be brutal. However, I think that insurance companies have led the way in pushing for these changes for one reason. Can you guess? Correct, it's to save money.<br />
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Can insurance companies therefore stop paying for your pain meds? The quick answer is maybe. But with sound legal advice you can successfully fight them. As with all medical treatment and benefits, it's critical that your doctors not only document why they are prescribing a particular medication but also follow the <a href="https://www.revisor.mn.gov/rules/?id=5221.6110">newly enacted guidelines</a>. The new guidelines require your doctor to do the following:<br />
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<ul>
<li>Affirm that you can't maintain functions of daily living without the medication, don't have "<a href="http://www.mayoclinic.org/diseases-conditions/somatic-symptom-disorder/basics/definition/con-20124065">somatic symptoms disorder</a>", don't have a history of failure to comply with treatment, and no history of substance abuse.</li>
<li>Ensure all other forms of pain management options have been exhausted.</li>
<li>Identify whether there are factors that could complicate your use of narcotic medications; pregnancy, suicide risk, history of substance abuse, heart issues, etc.</li>
<li>Complete a "scientific assessment" to determine your risk of abuse.</li>
<li>Explain potential complications of using long term pain pills.</li>
<li>Finally you must enter into a written contract with your physician which includes the possibility of random drug testing.</li>
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At <a href="http://www.mndisability.com/Settlements.shtml">Atkinson Law Office</a> we have created an easy form for your physician to complete. This ensures that there is no interruption in medications. Usually once your doctor completes this form, our attorneys can work with your insurance company to continue your medications. They may have you see an "independent medical examination" by an adverse doctor. If you receive notice of the same CALL AN ATTORNEY IMMEDIATELY. This means they will be cutting off your meds very soon. The lawyers of Atkinson Law Office have successfully litigated numerous cases and successfully helped clients have a quality life despite significant injury. If you would like to discuss this or any other workers compensation questions with a Minnesota workers compensation expert, call today at 651-333-3636. Our phone are answered 24/7. We represent clients across the entire state of Minnesota.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126363500000004 -105.01304830000001 52.3327425 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-6385066468838569592016-09-15T03:03:00.000-05:002016-09-15T03:03:11.934-05:00I Fell at Work and Hurt Myself. Is This a Minnesota Workers Compensation Injury?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi_74Ff5kJWq6NGqNi8KXHur0vi9U39F5eqeQlX_FWiuQzFCTUVm5batMuhMayTkSKQ960Jb7a41sUwRyAi8bzEGDfkFr67iIxgMZR4sw-hob1iFC-wHq-XifoG-BCmOQ9paT7dVjaq76KX/s1600/denial.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="172" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi_74Ff5kJWq6NGqNi8KXHur0vi9U39F5eqeQlX_FWiuQzFCTUVm5batMuhMayTkSKQ960Jb7a41sUwRyAi8bzEGDfkFr67iIxgMZR4sw-hob1iFC-wHq-XifoG-BCmOQ9paT7dVjaq76KX/s320/denial.jpg" width="320" /></a></div>
Well yes it clearly was until the Minnesota Supreme Court rewrote decades of sound judicial interpretation of what constitutes an injury in their decision of <u><a href="http://simplyworkcomp.com/wp-content/uploads/2014/04/dykhoff_vs_xcel.pdf">Dykoff v. Xcel Energy</a></u> on December 26, 2013. Now thousands of injured Minnesota workers every year receive notices that their injuries are "not work related" because their jobs do not place them at an increased risk of harm over that which a member of the general public may face. <br />
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Well what does that mean? To you the injured worker it means you have a strong chance of receiving an NOPLD (Notice of Primary Liability Determination) denying your claim. Insurance companies benefit because they pay less claims, employers benefit because they pay less premiums, lawyers like me benefit because of the increase number of claims fighting to figure out what constitutes "increased risk of harm" results in more fees, and YOU the injured worker lose. You lose because often you simply give up and walk away or lose because now you have to fight for your delayed benefits. You are the big loser in this wrong-headed case.<br />
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What can you do if your claim is denied? First contact Atkinson Law Office and then contact your state representative and demand the laws be changed! Simply click <a href="http://www.mndisability.com/Contact.shtml">HERE</a> to contact an expert workers compensation attorney at Atkinson Law Office or click <a href="http://www.gis.leg.mn/iMaps/districts/">HERE</a> to find out the name of your Minnesota state representative or senator. It's important that you understand that you do not have to pay any upfront costs or fees to hire a Minnesota workers compensation attorney, including expert lawyers with decades of expertise like <a href="http://www.mndisability.com/Client-Testimonials.shtml">Atkinson Law Office</a>. We only get paid by the insurance company if we recover benefits for you.<br />
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You can fight this denial and often we overcome the defense and obtain much needed medical treatment, wage loss benefits and assistance keeping or finding a new job. Like other injured workers who receive these "Dykoff Denials" and call Atkinson Law Office every week, we urge you to contact us today for an always free consultation. 651-333-3636<br />
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<br />Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-72607811173925512252016-07-26T20:52:00.000-05:002016-07-26T20:52:06.529-05:00You Have A Minnesota Work Injury And Need Spine Surgery. Should You Go With A Traditional or Laser Lumbar Spine Surgery?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEguHqk7iufk-UrwhgZ7V8_Qe_pmBL0qoRnjLGtzKw_P4H043RWr024r0dHBgXUYZxufKdq7jep9saparRJxBGnjTab6qAFZRL8glmU2767FaGYaOAyDPiXRd92iqh3_y0M_oFh2Sfd_qDhX/s1600/laser.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEguHqk7iufk-UrwhgZ7V8_Qe_pmBL0qoRnjLGtzKw_P4H043RWr024r0dHBgXUYZxufKdq7jep9saparRJxBGnjTab6qAFZRL8glmU2767FaGYaOAyDPiXRd92iqh3_y0M_oFh2Sfd_qDhX/s320/laser.jpg" width="320" /></a></div>
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<span style="font-family: Arial, Helvetica, sans-serif;">Like many of you contemplating low back surgery, I was aware of the option of laser spine surgery before I underwent two low back surgeries following my Minnesota work comp injury. I did a lot of research on the issue before deciding to go with the traditional microdiscectomy over the "laser" approach. Though every individual has to come to their own decision as to surgery, I feel that treating with a local spine surgeon here in Minnesota is the smartest choice. That said, I want to stress that just like workers compensation attorneys, all surgeons are NOT equal. We are fortunate to have many excellent spine surgeons here in Minnesota.</span><br /><span style="font-family: Arial, Helvetica, sans-serif;"><br /></span><span style="font-family: Arial, Helvetica, sans-serif;">In reading the numerous studies (not Laser surgery center advertisements) I have found that there is no real significant benefit for undergoing a laser spine surgery procedure. In fact, the biggest downside is that our Minnesota workers compensation clients often have to travel to far flung states like Florida or Arizona to undergo a laser spine surgery. This makes follow up care, treatment for complications, and building a relationship with a physician nearly impossible and horribly expensive. In addition, often you need to rely on your doctor for a medical legal opinion as to whether your work injury is a substantial contributing cause to your surgery. Too often doctors from outside of Minnesota simply don't understand Minnesota's complex "causation" standards or don't want to get involved in an out of state legal proceeding. This should be a real concern for you as a patient and injured worker.</span></div>
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<span style="font-family: Arial, Helvetica, sans-serif;">As for minimally invasive laser spine procedures, Dr. H. Gordon Deen, a neurosurgeon at the Mayo Clinic stated in a 2009 Mayo publication that "there are no clear benefits to laser surgery over more well-established spine surgery techniques that have proven to be effective." Dr. Deen went further and stated that doctors at the Mayo Clinic neither use nor recommend laser spine surgery. Having personally worked with dozens of other Twin Cities spines surgeons I can attest that his opinions are universal here in Minnesota.</span></div>
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<span style="font-family: Arial, Helvetica, sans-serif;">If you have sustained a work related low back or cervical spine injury and are contemplating surgery, I'm happy to discuss these with you both as an expert workers compensation attorney and as a someone with personal experience having undergone spine surgery. There is never a charge to discuss the same. I'm truly open to talking to you in person or by phone. With over nearly 25 years experience in workers compensation and having had multiple spine surgeries, nobody is more qualified than me to advise you with your injury. Call today at 651-333-3636 or visit our page at <a href="http://www.mndisability.com/">www.mndisability.com</a> </span></div>
Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-21486892363209797622016-05-14T21:46:00.000-05:002019-04-25T23:38:39.855-05:00Thomas Atkinson, Kerry Atkinson & Dana Gerber Once Again Honored By Super Lawyer Magazine.<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgmCBHGJgitrAQl4jARGryd1gzOxMvKDmScLcqv3-O3f1Ao8uJQKKAt6Dpc3h-BwFo2McdLSbPgYID-0iq1Xi5Lp182ig2jhviegN_7l2M04vWdAkect3ACOessKlAzmTPXLziH2qkOd1a/s1600/superlawyer.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="320" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgmCBHGJgitrAQl4jARGryd1gzOxMvKDmScLcqv3-O3f1Ao8uJQKKAt6Dpc3h-BwFo2McdLSbPgYID-0iq1Xi5Lp182ig2jhviegN_7l2M04vWdAkect3ACOessKlAzmTPXLziH2qkOd1a/s320/superlawyer.jpg" width="253" /></a></div>
Every year Super Lawyers magazine conducts an exhaustive selection process to recognize the very best lawyers in Minnesota. Once again in 2019 our firms founder <a href="http://profiles.superlawyers.com/minnesota/st-paul/lawyer/thomas-a-atkinson/b742927e-70e6-49cc-9c7d-0b9fecc861d3.html">Tom Atkinson</a> was selected as a workers compensation Super Lawyer. In addition attorney <a href="http://profiles.superlawyers.com/minnesota/st-paul/lawyer/dana-l-gerber/9842c4df-35a4-4561-827f-45c6e5f36d29.html">Dana Gerber</a> was selected as a Rising Star. Finally, partner <a href="https://profiles.superlawyers.com/minnesota/st-paul/lawyer/kerry-orourke-atkinson/6b3a061a-3a32-4171-a549-71b809dc2d48.html" target="_blank">Kerry Atkinson</a> was also recognized as a Super Lawyer. At Atkinson Law Office, ALL of our attorneys are Super Lawyers whereas most of our competitors do not have a single lawyer honored by their peers and judges as Super Lawyers. Finally Kerry Atkinson has once again 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. <br />
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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. <br />
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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 <a href="http://www.mndisability.com/">website</a> <a href="http://www.mndisability.com/">www.mndisability.com</a><br />
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<br />Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126363500000004 -105.01304830000001 52.3327425 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-90968786056978034972016-04-17T01:20:00.001-05:002016-07-26T20:53:32.943-05:00Atkinson Law Office Wins Minnesota's First Work Related Medical Marijuana Case!<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikXnunoLUWO_TQyRK0uIT8RlXyAirIW8BS5LuQ3f6OtmGo-1Q3iZmk9HUjSX6qPX3TpGWOfve2bUd3tfDkMTgVH5ZuNrJsj2H5PjMUUtTldL95gsXlRrgtBwUwvaLhiSHOzbje5GoUP636/s1600/deaths.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="96" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEikXnunoLUWO_TQyRK0uIT8RlXyAirIW8BS5LuQ3f6OtmGo-1Q3iZmk9HUjSX6qPX3TpGWOfve2bUd3tfDkMTgVH5ZuNrJsj2H5PjMUUtTldL95gsXlRrgtBwUwvaLhiSHOzbje5GoUP636/s320/deaths.jpg" width="320" /></a></div>
<span style="background-color: white;"><span style="color: #333333; font-family: "arial" , "helvetica" , sans-serif;"><span style="font-size: 13px; line-height: 18.2px;">Earlier this year, I wrote a </span><a href="https://www.blogger.com/blogger.g?blogID=882922780300062046#editor/target=post;postID=6181580128272476614;onPublishedMenu=posts;onClosedMenu=posts;postNum=2;src=postname" style="font-size: 13px; line-height: 18.2px;">blog article</a><span style="font-size: 13px; line-height: 18.2px;"> 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 </span></span><u style="color: #333333; font-family: arial, helvetica, sans-serif; font-size: 13px; line-height: 18.2px;">alone</u><span style="color: #333333; font-family: "arial" , "helvetica" , sans-serif;"><span style="font-size: 13px; line-height: 18.2px;">. Prior to this legislative change, medical marijuana was primarily allowed to only treat terminally ill patients. No more!</span></span></span><br />
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<span style="background-color: white; color: #333333; font-family: "arial" , "helvetica" , sans-serif; font-size: 13px; line-height: 18.2px;">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</span><span style="background-color: white; color: #333333; font-family: "arial" , "helvetica" , sans-serif; font-size: 13px; line-height: 18.2px;"> and narcotics. And Atkinson Law Office is proud to be leading the charge in this change.</span><br />
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<span style="background-color: white;"><span style="color: #333333; font-family: "arial" , "helvetica" , sans-serif;"><span style="font-size: 13px; line-height: 18.2px;">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. </span></span></span><br />
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<span style="background-color: white;"><span style="color: #333333; font-family: "arial" , "helvetica" , sans-serif;"><span style="font-size: 13px; line-height: 18.2px;">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.</span></span></span>Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-51015803258721786142016-03-13T22:27:00.001-05:002016-03-13T22:27:56.217-05:00I Settled My Minnesota Workers Compensation Case Years Ago. Can I Get Help?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjfaA79GO6bSwJ4Z9aNGjNC9d9muGNPBjYpIjl9x8hD7kORiDBeuMrZU4PEDKPVpGFcmWOJwP2i_furbCyOAs1yEMWh4u3muwpr5KVrApGdkm2PMK55gUci038nDwWfhQAPU6MJecAcUz24/s1600/settlement.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="166" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjfaA79GO6bSwJ4Z9aNGjNC9d9muGNPBjYpIjl9x8hD7kORiDBeuMrZU4PEDKPVpGFcmWOJwP2i_furbCyOAs1yEMWh4u3muwpr5KVrApGdkm2PMK55gUci038nDwWfhQAPU6MJecAcUz24/s200/settlement.jpg" width="200" /></a></div>
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. <br />
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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. <br />
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<li> <b>Full Final & Complete</b> - 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.</li>
<li> <b>Full, Final & Complete With Medical Open</b> - 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 <a href="http://mnworkcompsecrets.blogspot.com/2009/04/i-have-been-scheduled-for-independent.html">"independent medical examination"</a> 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. </li>
<li> <b>To Date Settlement</b> - 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.</li>
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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. </div>
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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. </div>
Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-61815801282724766142015-12-18T10:58:00.002-06:002015-12-18T11:02:16.337-06:00I Have A Minnesota Workers Compensation Injury. Can I Receive Medical Marijuana For My Pain?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgou5hxjZdLzREmrhWhkUFRIgxkx5YyYKqGP1byFRjd0BLkO0KEDZxy5nYpCX53bELNzpix8XAdHX8SlZ823KWKrmdDP54fK9YLhdMaU8dz1Sxg8T6hJkBJkEkyeY6aSQa9ddKm7CSBdrDJ/s1600/pain.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="177" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgou5hxjZdLzREmrhWhkUFRIgxkx5YyYKqGP1byFRjd0BLkO0KEDZxy5nYpCX53bELNzpix8XAdHX8SlZ823KWKrmdDP54fK9YLhdMaU8dz1Sxg8T6hJkBJkEkyeY6aSQa9ddKm7CSBdrDJ/s320/pain.jpg" width="320" /></a></div>
<span style="font-family: "arial" , "helvetica" , sans-serif;">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. </span><br />
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<span style="font-family: "arial" , "helvetica" , sans-serif;">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. </span></div>
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<span style="font-family: "arial" , "helvetica" , sans-serif;">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.</span></div>
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<i><span style="font-family: "arial" , "helvetica" , sans-serif;"> 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.</span></i></div>
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<span style="font-family: "arial" , "helvetica" , sans-serif;">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 <a href="http://www.mndisability.com/">www.mndisability.com</a></span></div>
<!--EndFragment-->Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinnesota, USA46.729553 -94.68589980000001641.126363500000004 -105.01304830000001 52.3327425 -84.358751300000023tag:blogger.com,1999:blog-882922780300062046.post-49873928994298939802015-10-29T22:00:00.003-05:002015-10-29T22:00:36.872-05:00Have You Received or Are Receiving PERA Retirement and MN Workers Compensation Permanent Total Disability Benefits? <div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjnOkmQDOJq3v1rOKNf6KB0U2zKEHYJnKy2DtZzetkk7w7ddQOlryn1tHZsgV5tW5WT3otvvL_Vrbc6garocqPypu2sxUgnQ5PALbKHAl7UF9rHBXWL5nsboUTdbk5KiIk5Fo_15gOmPO97/s1600/pera.jpg" imageanchor="1" style="clear: left; float: left; margin-bottom: 1em; margin-right: 1em;"><img border="0" height="200" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjnOkmQDOJq3v1rOKNf6KB0U2zKEHYJnKy2DtZzetkk7w7ddQOlryn1tHZsgV5tW5WT3otvvL_Vrbc6garocqPypu2sxUgnQ5PALbKHAl7UF9rHBXWL5nsboUTdbk5KiIk5Fo_15gOmPO97/s200/pera.jpg" width="200" /></a></div>
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<span style="text-align: center;">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.</span></div>
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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) <u>retirement benefits</u>. 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.<br />
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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 <a href="http://www.mndisability.com/About-Us/">www.mndisability.com</a>Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-46570805455064992812015-10-07T22:42:00.000-05:002015-10-07T22:43:41.541-05:00Does Minnesota Workers Compensation Provide For Pain and Suffering?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCggwIRJ_9Z_90YB_KJiPriilUsbvak5RLxA8aWj_JeKXUHbqfTJgiHGVlzTwR5jRWLS1KDTb-iiCqzY1IN8VgZwQqn7Iuax6vyn1N7OW2COe88bbVz2Q8rQvzNyc9dfkUfDUrrvuuO6Fv/s1600/wheelchair.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="132" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCggwIRJ_9Z_90YB_KJiPriilUsbvak5RLxA8aWj_JeKXUHbqfTJgiHGVlzTwR5jRWLS1KDTb-iiCqzY1IN8VgZwQqn7Iuax6vyn1N7OW2COe88bbVz2Q8rQvzNyc9dfkUfDUrrvuuO6Fv/s320/wheelchair.jpg" width="320" /></a></div>
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).<br />
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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. <a href="http://projects.propublica.org/graphics/workers-compensation-benefits-by-limb#Minnesota">Pro Publica</a> 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.<br />
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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 651-333-3636Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.com0Minneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-72633190111965735612015-08-30T22:00:00.002-05:002015-08-30T22:00:36.535-05:00Can I Be Fired For Reporting A Workers Compensation Injury?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgXjb3voZ9wPX-flk05JgQLF3QEPpM5XrnYy91hJlJGjtVWE4PMtCh-pdo59dWZHqbK90Q57TPGNk62SEBs3XdKzzR_zf1Kw3YJF9biwS3J6USfq4it0xHPuuFuw59TT3yAxBXrj157ZUWa/s1600/work+injury.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="190" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgXjb3voZ9wPX-flk05JgQLF3QEPpM5XrnYy91hJlJGjtVWE4PMtCh-pdo59dWZHqbK90Q57TPGNk62SEBs3XdKzzR_zf1Kw3YJF9biwS3J6USfq4it0xHPuuFuw59TT3yAxBXrj157ZUWa/s320/work+injury.jpg" width="320" /></a></div>
<span style="font-family: Arial, Helvetica, sans-serif;">If an employer fires you or threatens to fire you for reporting a work injury they are in violation of Minnesota Statute 176.82; </span><br />
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<i><span style="font-family: Arial, Helvetica, sans-serif;">"<span style="background-color: white; color: #333333; font-size: 16.7999992370605px; line-height: 20.1599998474121px; text-indent: 33.5999984741211px;">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."</span></span></i><br />
<span style="background-color: white; color: #333333; font-size: 16.7999992370605px; line-height: 20.1599998474121px; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><br /></span></span>
<span style="background-color: white; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><span style="color: #333333;"><span style="font-size: 16.7999992370605px; line-height: 20.1599998474121px;">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.</span></span></span></span><br />
<span style="background-color: white; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><span style="color: #333333;"><span style="font-size: 16.7999992370605px; line-height: 20.1599998474121px;"><br /></span></span></span></span>
<span style="background-color: white; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><span style="color: #333333;"><span style="font-size: 16.7999992370605px; line-height: 20.1599998474121px;">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.</span></span></span></span><br />
<span style="background-color: white; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><span style="color: #333333;"><span style="font-size: 16.7999992370605px; line-height: 20.1599998474121px;"><br /></span></span></span></span>
<span style="background-color: white; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><span style="color: #333333;"><span style="font-size: 16.7999992370605px; line-height: 20.1599998474121px;">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 <a href="http://www.mndisability.com/">www.mndisability.com</a>.</span></span></span></span><br />
<span style="background-color: white; color: #333333; font-size: 16.7999992370605px; line-height: 20.1599998474121px; text-indent: 33.5999984741211px;"><span style="font-family: Arial, Helvetica, sans-serif;"><br /></span></span>Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032tag:blogger.com,1999:blog-882922780300062046.post-29073144920893747802015-08-26T23:10:00.000-05:002015-08-26T23:10:03.609-05:00Construction Worker Falls To Death At New Viking Stadium. Was This Preventable?<div class="separator" style="clear: both; text-align: center;">
<a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJBIM2wZ-96UDQvA8agyGWj5zDokSp3ZY2SoB_L9Eue21rRz7XjY_E0FtsTMOzyWolUi0ZMnYIKol2XxfqEjf_yC72SelNBFfVWE1dyH1S1LHtX6zqT1vJ2HKtxaHJZgR68u708-r5xMiS/s1600/Viking+Stadium.jpg" imageanchor="1" style="clear: right; float: right; margin-bottom: 1em; margin-left: 1em;"><img border="0" height="177" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiJBIM2wZ-96UDQvA8agyGWj5zDokSp3ZY2SoB_L9Eue21rRz7XjY_E0FtsTMOzyWolUi0ZMnYIKol2XxfqEjf_yC72SelNBFfVWE1dyH1S1LHtX6zqT1vJ2HKtxaHJZgR68u708-r5xMiS/s320/Viking+Stadium.jpg" width="320" /></a></div>
Today an employee of Berwald Roofing died when he fell to his death and another worker was severely injured. I'm very familiar with this employer and I am of the opinion that Berwald Roofing, like many Minnesota employers, does not always have the best interest of their workers in mind when operating jobs. I have represented injured workers at Berwald with significant restrictions that knowingly place in jobs outside of their restrictions placing injured workers at significant risk of injury or even death. I pray the workers in this tragedy are not ones that I know.<br />
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If you have sustained a work injury and have work restrictions, please think carefully before you return to work and placed in a situation where your employer ignores your restrictions and places you and others in harms way. As a father I understand that it's hard to ignore the enormous financial benefits that come with employment and that workers compensation under the best of circumstances results in a 33% cut in pay. But your life matters and I don't want to read about you as the next victim of a work related accident.<br />
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If you have sustained a Minnesota workers compensation injury, contact the attorneys at Atkinson Law Office today. Our lawyers have over 50 years of combined workers compensation experience and are recognized leaders in Minnesota for work place injuries. Call us today for a free consultation. 651-333-3636. We are <a href="http://www.mndisability.com/Attorney/">Minnesota's Workers Compensation Specialists</a>.Minnesota Workers Compensation Expertshttp://www.blogger.com/profile/15607752874479616212noreply@blogger.comMinneapolis, MN, USA44.977753 -93.26501080000002744.7980145 -93.587734300000022 45.1574915 -92.942287300000032