Minnesota Workers Compensation Secrets from a Former Insurance Company Attorney

How & Whys of Minnesota Work Comp Settlements

2012-01-23T20:26:00.001-06:00

Though I have handled hundreds of workers compensation hearings and conferences, I have also participated in thousands of Minnesota workers compensation settlements. I have the unique experience of having assisted insurance companies and more recently injured workers. This experience makes my office extremely effective in negotiating on behalf of my injured clients when trying to squeeze every penny out of the insurance company.

How do settlements work? Though insurance companies have been known to quickly attempt settlements after an employee is injured, the more common scenario occurs after a claim has been paid and then a portion or all of the claim is denied. Settlements also can occur after your attorney sues the insurance company to pay your benefits. It is extremely important if you are unrepresented to at least have an attorney review the settlement agreement to be sure you are getting the deal that was promised. On many occasions I have also been able to obtain additional settlement money for clients. On one occasion we obtained over $60,000 in additional money only a few weeks after an insurance adjuster made a "final offer" to our client. Not only did we obtain additional money for our client but we negotiated better settlement terms by leaving open future medical benefits for him as well.

Once the settlement agreement is reached the parties draft what is called a Stipulation for Settlement. This is a very important document that is signed by all parties and then approved by a workers compensation administrative law judge from the Minnesota Office of Administrative Hearings. This entire portion of the process can take from 2 weeks to a few months depending on the number of parties and issues involved. After the stipulation for settlement is completed and signed by all parties, it is submitted to the judge who issues an Award on Stipulation. This is an Order and the work comp insurance company must MAIL payment within 14 calendar days. The vast majority of payments go directly the injured worker within two weeks of the judge's Order.

You only have one chance to negotiate you settlement and doing so without a lawyer is just plain crazy. I have seen many adjusters take advantage of workers by explaining the reasons behind the settlement value without ever telling them what they are really giving up in exchange. Contact the lawyers at Minnesota Disability and Atkinson Law Office today to see how we can assist you with you claim. We assist hundreds of injured workers every year in obtaining the best results for their family given their unique situations. We meet with clients across the entire state of Minnesota. Contact us toll free at 800-933-5619 or 651-414-0678. Feel free to visit our other website www.mndisability.com for additional information.

Choosing A Qualified Rehabilitation Counselor (QRC)

2012-01-14T23:33:00.004-06:00

What is a QRC? A qualified rehabilitation counselor works to assist in the rehabilitation of injured workers. A QRC has the job of helping injured workers return to suitable employment as quickly as possible. This could mean a return to work with the pre-injury employer, in either the same job or another job, or to a new employer in the same or a different type of work.

Though QRCs are suppose to be neutral parties in the rehabilitation process, any experienced workers compensation attorney will telling you that often those QRCs assigned to you by the employer and insurer have an alternative motive; steering you to a biased uncaring doctor, obtaining a full release of restrictions as soon as possible regardless of you the injured worker, and minimizing rehab costs. The employer insurer QRC is NOT to be trusted. They employer and insurer QRC may seem to be your friend and acting on your behalf but before you realize what is happening the damage done may be difficult to reverse. You have the right to change QRCs at any time within the first 60 days after they are assigned. However you have the right to chose the initial QRC. ALWAYS consult with an attorney to obtain a suggestion of the right QRC for you. At Minnesota Disability and Atkinson Law Office, we can help you with this extremely important task at no cost to you. Feel free to contact our office directly at 651-414-0678.

What's Ahead In For Injured Workers In 2012?

2011-11-05T10:33:00.001-05:00

If you were in 2011 and are currently off of work receiving wage loss benefits, most of you will likely face a roadblock to ongoing benefits in 2012. Terms like MMI (maximum medical improvement), IME (independent medical examinations), NOID (notice of intent to discontinue benefits), and QRC (qualified rehabilitation counselor) are yellow lights warning you of a possible end to your benefits. If you receive ANY correspondence from your Minnesota workers compensation adjuster you need to contact a lawyer NOW! Too often injured workers come to our office many months after receiving letters containing these key words. It's never too late to come see us, but we will be better able to react if you call us today 651-414-0678. One of our lawyers can explain to you how your benefits are about to be changed. Our consultations are always FREE and we urge you to contact a work comp lawyer who specializes in working with injured and disabled employees rather than a general personal injury practice. Our employees have a combined background over nearly 75 years working with workers compensation claims. Visit our website at www.mndisability.com and call to speak with an attorney today.

Minnesota Workers Compensation Benefits - Part One

2011-10-16T17:49:00.000-05:00

1. What happens whenI get injured at my job?

Tell your employer immediately. Be sureto report your injury to your supervisor. If you need to seek emergencymedical attention do that first, but then contact your employer as soon aspossible. Your employer will complete a First Report of Injury (FROI) form, sobe sure to give your employer accurate and complete information about how youwere hurt and about any injuries you sustained. Do NOT give a recorded statement. After you seek medial attention NOW is the time to get yourfree legal consultation with Minnesota Disability.

2. What types ofinjuries are covered by workers' compensation?

A work-related injury can be any condition that is caused, aggravated oraccelerated by employment activities. This means pre-existing injuries that your work activitiesaggravate or accelerate are still work comp injuries. This is one of the most common mistakes made by injuredworkers. This includes traumaticinjuries, gradual injuries or occupational diseases.

3. What benefitsmight I be entitled to if my claim is accepted?

Some benefits you might receive include wage-loss benefits, compensation forloss of use of a part of the body, medical benefits, vocational rehabilitationand retraining. At some point inyour injury you will be set up to meet with a QRC (qualified rehabilitationcounselor). This is another excellenttime to get your free consultation with Minnesota Disability. Choosing the right QRC who is actually neutralis critical to your claim. We canhelp you in selecting one who best fits your injury, location and youneeds. One size does NOT fit all.

4. What medicaltreatment is covered by workers' compensation?

The Minnesota workers' compensation statutes entitle an employee to reasonableand necessary medical treatment or supplies to cure or relieve the effect ofthe work injury. The employer is required to furnish medical treatment asdescribed by Minnesota Statutes 176.135, subd. 1, includingpsychological, chiropractic, podiatric, surgical and hospital treatment.

5. Can I treat withmy own physician?

Employees may choose their health care provider for treatment of a work-relatedinjury. An employer may require an employee to see a designated health careprovider for treatment in only a few unique and specialcircumstances. Do NOT beintimidated by your employer! AtMinnesota we strongly encourage injured employees to seek immediate medialattention with their established family physician rather than being directed bytheir employer or workers compensation insurer. Please contact Minnesota Disability and Atkinson Law Officeto determine whether one of the few exceptions applies to your case.

Full, Final and Complete Settlements; To Do or Not To Do?

2011-09-05T21:15:00.000-05:00

You have been injured in a Minnesota workers compensation accident and the insurance company adjuster wants to settle your case. Throughout the claim you may have felt the adjuster was "good to you" and always treated you fairly. In some cases adjusters do treat injured employees well but when it comes to a settlement they are NEVER looking out for your best interest. Adjusters are employees who must answer to a supervisor and other upper management. Day in and day out their drive is to minimize costs. Settlement of your case for as little as possible is one the methods to achieve those goals.

If you are offered a settlement I strongly urge you to contact an experienced work comp lawyer. Try to chose one that has experience working for both sides at some time in their careers. You are want to chose a lawyer who limits their practice to assisting injured and disabled employees exclusively. Lawyers who practice in multiple areas are less likely to be able to keep up with the changing laws, maintain familiarity with the rules at the Office of Administrative Hearings, and are generally disconnected from the overall practice and thereby limited in their ability to effectively evaluate your case. They have names for lawyers like me; they call us Comp Heads or lawyers who do this day in and day out.

If you are offered a settlement by an insurance company and you are unrepresented or represented by an attorney who only dabbles in this area, I am more than happy to talk to you about the offer. Every year, I represent clients who have been offered the "top dollar" by an adjuster and every year I obtain much larger settlements for clients. My analysis is FREE so you really have nothing to lose. Contact our office at 651-414-0678 or call us toll free at 888-933-5619 to speak with an attorney today. Also feel free to visit our website to learn more about your workers compensation rights and our lawyers www.mndisability.com

Minnesota Workers Compensation Back Open For Business But Not As Usual!

2011-08-01T00:12:00.001-05:00

Having just returned to work, our fine workers compensation judges are working quickly to clear a backlog of pending cases, stipulations for settlements, hearings and discontinuance conferences. If you are one of the thousands of injured workers who have had their claims on hold during the month of July, we are pleased to share with you that within a few more weeks, the Minnesota Office of Administrative Hearings and the Minnesota Department of Labor and Industry will be close to being caught up. However, you can expect a few changes in store. First, there are a few new workers compensation judges in the Twin Cities and Duluth and there are some procedural changes which I will address in future updates.

In this posting I want to reiterate an issue that comes up EVERY single week in my office. We receive calls from injured workers whose claims have been paid for months and sometimes even for years without any significant conflict. One day however, they have the rug pulled from underneath them and their benefits which they have come to count on END! At Minnesota Disability and Atkinson Law Office we have represented hundreds of injured workers long before an actual conflict exists. There is no cost to you and our advice helps you plan for the eventual discontinuance of your benefits rather than merely react when the time comes. If you have been injured at work it is imperative that you talk with an experienced workers compensation lawyer who specializes in workers compensation. We caution you against choosing an individual who is not a true specialist. Contact one of the lawyers from our office for a free consultation and learn how we can assist you without the need for a retainer. NEVER a fee unless we recover benefits for you. www.mndisabilty.com 651-414-0678 or toll free 800-933-5619.

Minnesota Workers Compensation Shutdown 2011 Update

2011-07-19T22:47:00.000-05:00

I am pleased to share with our readers Specialmaster Kathleen Blatz has recommended and Ramsey County Chief Judge Kathleen Gearin has agreed to reopen parts of Minnesota Workers Compensation system. The Order has led to a series of workers' compensation judges and staff being recalled. Today 4 judges; Schultz, Knight, Brenden and Rieke began going through stipulations for settlements, scheduling NOID conferences and preparing to schedule hearings on expedited medical disputes such as surgical requests. I learned today that 4 other judges will join them tomorrow ramping up the return for going through the mountain of accumulated paperwork. It is hoped that with the start of today's special session called by Governor Dayton, business will be back to normal soon....but not soon enough for many injured workers. If you have any questions regarding your workers' compensation benefits the attorneys at Atkinson Law Office and Minnesota Disability are waiting to assist you with a FREE initial consultation. If we are able to assist you after the consultation there is NO charge until we recovery benefits for you. Continue to visit our Blog and visit our other site, www.mndisability.com or contact us at 651-332-8717 or 800-933-5619.

Minnesota Government Shut Down And Your Workers Compensation Benefits

2011-07-06T01:04:00.000-05:00

As many of you have heard by now, the Minnesota Department of Labor and the Office Of Administrative Hearings have temporarily shut down. How does this affect YOU? For many of you the shut down will go unnoticed. For others though the shutdown could be a financial nightmare. If you have any concerns about how this shutdown affects your workers comp benefits, contact the attorneys of Minnesota Disability and Atkinson Law Office TODAY. 651-414-0678 or visit our website at www.mndisability.com We look forward to speaking with you.

Who Are The Best Workers Compensation Attorneys & Lawyers In Minnesota?

2011-05-21T23:28:00.000-05:00

How do you choose the best lawyer to represent you in your Minnesota workers compensation case? First, you should find a lawyer who specializes in workers compensation! There are far too many lawyers who "dabble" in work comp here in Minnesota. They will handle your work injury, divorce, DUI, personal injury, bankruptcy and draft a will for you. Do you think it's really possible to be highly skilled in all these areas of the law? I don't and neither should you! Minnesota's workers' compensation laws are very complex and change nearly every year. I have seen dozens of lawyers profess to be "experienced" workers compensation lawyers and when they appear before a work comp judge, the judge doesn't even know their name. Keep in mind we only have about 20 workers compensation judges who cover then entire state. I have appeared before EVERY workers compensation judge in Minneosta hundreds of times during the past two decades. They know me and I know them. Does this make me the best workers compensation lawyer in Minnesota? Not necessarily, but it is an important first step in determining whether I or any attorney is truly "experienced".

The next step is to see how much experience the attorney has in handling work comp cases. Have they only represented employees? Do they have any experience representing employers and insurers? Though I now limit my practice to representing employees, my true insight that I share with injured workers are the secrets I have learned as an insurance company attorney. I have spent tens of thousands of hours watching and listening to insurance companies review claims for work comp benefits. I know how they defend the claims, how they value the claim, when they are bluffing and when their offer of settlement is their best offer or simply a starting point. I have recovered millions of dollars for my clients including one of Minnesota's largest workers compensation settlements in 2011; well over half a million dollars in a single claim! My success as an employee attorney is directly derived from my experience representing employers and insurers.

I am more than happy to meet with any injured workers throughout the entire state of Minnesota. I have clients all over Minnesota as well as clients in many other states who sustained injuries while working in Minnesota. Call our office and we will discuss your work injury or current workers compensation claim. Your call or visit will be absolutely positively FREE. You never, ever pay a fee until we obtain benefits on your behalf and even then the fee is limited by Minnesota law. Visit our website today at www.mndisability.com and call our office at 651-414-0617. We will meet you near you home or at our office.

Independent Medical Examinations are NOT Independent!

2010-12-20T09:30:00.017-06:00

Many injured workers are under the mistaken belief that seeing an IME ("independent medical examiner") is simply a second opinion to address your injuries. It is NOT! This is an ADVERSE examination and though the below video makes light of the process you should not! Though not all IME doctors are crooks, I have run into quite a few over the past twenty years. Having undergone an IME myself as well as being involved in thousands of these examinations during the course of my career, I have valuable secrets to share with you about this process. You need to meet with an attorney BEFORE attending the any examination scheduled by an insurance company. Contact attorney Tom Atkinson at 651-414-0678 or toll free at 888-933-5619 TODAY and visit our other website at www.mndisability.com where you will find additional information about workers compensation and independent medical examinations.

I Settled My Workers Compensation Case Years Ago. Now What?

2010-10-28T22:34:00.004-05:00

NEVER ever assume that your case is settled completely. Even seasoned lawyers make mistakes in reading settlement documents and mistakenly believe a case is closed. In fact, I had a well known defense attorney claim to me just the other day that my clients claim for permanent total disability was closed; he wrote a letter to the judge telling him the same thing. I obtained a copy of the settlement papers and guess what? The settlement only closed out his benefits up to the date of the settlement and NOT future benefits. If an attorney with over 25 years experience can get it wrong don't assume you are also reading the documents correctly. Facts change, the law changes, your condition may have worsened over the years. All of these elements can result in new claims or reopening of old claims. Call our office for a free consultation. We would love to review your old settlement agreements and advise you whether you have an ongoing entitlement to benefits. At Minnesota Disability and Atkinson Law Office P.A. we have recovered millions of dollars of benefits on behalf of our clients! 651-324-9514 or toll free 800-933-5619. You may also contact us through our website at www.mndisability.com

Cost Of Living Decrease of 1.14% Beginning October 1, 2010

2010-10-04T23:43:00.006-05:00

If you are reading this article you are one of tens of thousands of Minnesota Workers Compensation victims who have had there benefits reduced at a time when they can least afford it. Is there any remedy to this reduction? Not directly, but many of you who have contacted my office have been educated about benefits you NEVER knew you were entitled to receive under Minnesota law. Workers' compensation benefits are NOT welfare. They are a benefit that YOU pay for indirectly out of your salary and with every day of labor you provide. Do not be afraid to talk with a workers compensation attorney; preferably one who specializes in work comp and disability claims. Take the opportunity of this decrease to educate yourself and your family of your rights to retraining, second medical opinions, skill enhancements and even additional wage loss benefits that may have been stopped years ago. That's right, benefits that have been stopped can in many circumstances be restarted after losing a job or having an aggravation of your injury. At Atkinson Law Office and Minnesota Disability our staff has over 50 years experience handling workers compensation claims. There is no cost to speak with an attorney 7 days a week. 651-414-0678 or visit our web site www.mndisability.com

Best Minnesota Workers Compensation Attorney - You Just Found Him

2010-06-12T21:44:00.008-05:00

When choosing a workers compensation attorney it is extremely important that you chose one that has at least 10 years of experience LIMITED to work comp! You may ask yourself why is it important, perhaps a lawyer with only a few years is "hungry" and will be willing to dedicate more time to my case. Hogwash. A lawyer who handles car accidents, dog bites, and general personal injury simply doesn't have time to keep up with the fast changing workers compensation laws. Every year the Minnesota Legislature and the Department of Labor make changes to the laws that affecting your benefits. Your date of injury, however determines which benefits you get. Many of my younger colleagues may try hard, but they may miss important benefits that only an experienced work comp attorney has previously litigated for decades.

There is no retainer required when hiring a workers compensation lawyer and there is NEVER a fee unless we obtain a recovery on your behalf. Even then, our attorney fees are paid directly by the insurance company. Call us and let our office show you how we can help you today! Thomas Atkinson 651-414-0678 www.mndisability.com

Top Minnesota Workers Compensation Attorneys

2010-04-19T15:16:00.007-05:00

You have the absolute right to chose the attorney who represents you in a workers compensation matter. At Minnesota Disability and Atkinson Law Office we have recovered millions of dollars for our injured and disabled clients. Regardless of who you chose to represent you, Minnesota laws require that we ALL charge the same fee and that said fee is always paid directly by the insurance company rather than you!

Attorney Thomas Atkinson has been recognized by his peers as both a Rising Star and Superlawyer honors indicating he is one of Minnesota's top worker compensation attorneys. Atkinson Law Offices has successfully represented clients throughout Minnesota including; Minneapolis, St. Paul, Duluth, St. Cloud, Alexandria, Rochester and throughout the Iron Range. Our staff includes individuals with decades of experience handling workers compensation claims. Atkinson Law Office and Minnesota Disability have the unique experience of having individuals who have previously represented insurance companies and employers in workers compensation disputes. Our practice is now limited to representing injured employees and are anxious to share the secrets we have learned over many decades to maximize your benefits and monetary recovery.

If you are looking for a top Minnesota Work Comp attorney, contact our office today. Do NOT wait until you have a benefit dispute, you may already be losing benefits that your have been advised. Contact Tom Atkinson at 651-414-0678 or tom@mndisability.com Also visit out website at www.mndisability.com

The workers' compensation insurance company hired a "Nurse Case Manager" in my case. What does that mean, and how am I supposed to deal with them?

2010-03-19T21:32:00.004-05:00

Time and again I ask new clients whether they have a QRC or Qualified Rehabilitation Counselor. These clients often respond that they have a nurse case manager which is the same thing. WRONG!

A nurse case manager is NOT I repeat NOT neutral in any sense of the word. Workers' compensation insurance companies often assign a nurse case manager advising the employee the nurse is merely helping that the injured worker receives the prescribed medical care, and to assure that the worker returns as quickly as possible either in a light duty or full duty position.

The truth is that the nurse case manager often works behind the employee's back to push, bully and force doctors to try to get a premature light duty release from the doctor so you can return. Often this actually leads to delayed recovery and even further injury. Many nurse case managers will try to enter the examination room with the injured worker. You have a right to meet with your doctor privately and unlike many states, here in Minnesota you can prevent the nurse case manager from speaking with the doctor. I often advise my clients to discharge nurse case managers as they serve no benefit to the injured worker. DO NOT ALLOW THE NURSE CASE MANAGER TO SPEAK WITH YOUR DOCTOR PRIVATELY, DEMAND TO BE PRESENT WHEN YOUR MEDICAL CARE IS DISCUSSED.

Do not go it alone. Speak with an experienced workers' compensation lawyer. Call today for a free consultation. Attorney Thomas Atkinson has nearly two decades of practicing exclusively workers compensation. Call today at 651-324-9514 or visit our web site at www.mndisability.com.

What Is SI Joint Pain?

2010-01-07T23:13:00.011-06:00

Sacroiliac joint pain

What is Sacroiliac (SI) joint pain? SI joint pain has gained a lot of attention in the last ten years as an under appreciated cause of back pain with some studies indicating it is responsible for 15% to 40% of low back pain. The increased attention is due to the increasing knowledge of the SI joints intimate role in pelvic stability. I hope more physicians consider SI joint pain in their differential after reading this article.

Pathophysiology

SI joint dysfunction due to inflammation within the joint itself is called sacroilitis. Pain from within the SI joint is common in rheumatoid patients and spondyloarthropathies.

The other cause of SI joint dysfunction can result from instability of the SI joint following a work injury. Many experts feel that SI joint pain is a component of a larger problem of pelvic instability. Pelvic instability has traditionally been underappreciated as a cause of low back pain, buttock pain, groin pain, and leg pain. Physical therapists and doctors of osteopathic medicine have been teaching these concepts for years but only relatively recently has this dissemination of knowledge trended towards mainstream thinking among medical doctors.

The SI joint complex (the SI joint and its associated ligaments) is the major support structure of the pelvic ring and is the strongest ligament complex in the body. The complex consists of interosseous sacroiliac ligaments, iliolumbar ligaments, posterior sacroiliac ligaments, and the sacrotuberous and sacrospinous ligaments. The SI joints are two of the three joints involved in the stability of the pelvic ring. The pelvic ring is the meeting place of the force vectors from the upper body and the lower extremities. The third joint in the pelvic ring is the pubis symphysis. Pelvic instability causes pelvic rotation which can also cause twisting of the pubis symphysis. Coupling this with its anterior location appears to provide an explanation as to why patients with SI joint instability can also experience anterior groin pain. Anecdotal evidence for this is seen when patients undergo a successful SI joint intra-articular injection relieving all of their posterior back, buttock, and leg symptoms but the patient still has groin pain. Groin pain is almost never eliminated by SI joint injections unless pelvic symmetry is corrected.

If the SI joints are unstable, it can lead to significant pain and discomfort over the SI joints as well as numerous referred areas. If an individual affected by SI joint pain has pain only over his or her SI joint, he/she should be considered lucky. Most often SI joint instability causes unnatural strain on the entire low back and pelvic region causing a sometimes confusing clinical picture. Pain referral patterns of SI joint pain are often confused with L5 or S1 radiculitis or radiculopathies.
If you suffered a work injury let Atkinson Law Office P.A. & Minnesota Disability help you obtain the answers you need TODAY! We have worked with physicians and specialists throughout Minnesota to help injured workers find the answers to their injuries for nearly two decades. Contact attorney Thomas Atkinson directly at 651-324-9514 or email at tom@mndisability.com You may find additional information at our website www.mndisability.com

Is An Indpendent Medical Examination Really Independent?

2009-11-29T13:04:00.004-06:00

What do you think? NO an independent examination is not independent but rather ADVERSE to your interests and those of your treating physicians.

I have previously posted on this issue months ago but it is such an important issue, I think it's necessary to discuss this issue once again. There is NEVER a good intention on the part of an insurance company in having you seen by THEIR doctor for an "independent" medical examination. The intent is to cut off your benefits and limit their exposure PERIOD!

As a former insurance company attorney I have schedule hundreds of "independent medical examinations" for injured workers. The term independent medical examination is not always accurate. Though there are reputable doctors who will perform a thorough examination and write a neutral report, there are many who will do and say almost anything. Many defense attorneys believe it is their job to chose the " doctors who will do and say almost anything"!

When I worked as a defense attorney I thought having a neutral independent doctor was truly important. It helped me assess and fully understand the injured worker's claim. It also established credibility before the compensation judges. Later in my career as a defense attorney I began to get flack from a kool-aide drinking "old time" defense lawyer who chastised me for choosing these independent physicians and telling me I needed to get on board and work with the "adverse examiners". Despite the fact that this attorney had only gone to a full hearing a handful of times in the past decade, he was going to try his hardest to win a case at almost any cost! This didn't sit well with my years of experience and the reputation I developed. This was one of the reasons I now represent only injured workers and share these stories.

An employer and workers compensation insurer have the right to have you seen for an independent medical examination or adverse examination regardless of whether your claim is admitted or denied. They need to reimburse you for your expenses and must schedule it within 150 miles of your home. Keep in mind that this doctor is not nor will he ever be your treating physician. There is no doctor patient confidentiality, everything you tell the doctor will be shared with the employer and insurer. Sometimes the examinations last a few minutes and other times they can take close to an hour with an extensive physical examination and questions.

You will usually receive the report as an attachment to a service of Maximum Medical Improvement or a Notice of Intent to Discontinue Befits in the mail. As this is the goal of the adverse examination, your medical and/or wage loss benefits will likely be stopped as the result of your "independent medical examination". In addition the report will likely maintain that your current medical treatment is unnecessary.

As a defense attorney I understand the flaws in these reports and the mistakes that can be made in preparation for the same. As your attorney I will surgically dissect these reports and the accompanying letters providing the physician with "foundation" or their opinion. My job is to look for contradictory medical evidence and obtain an opinion from your own treating physician and if necessary a truly independent doctor. If you would like to discuss your claim in more detail, feel free to contact me directly at 651-324-9514. All calls are returned within a few hours. Don't be afraid to contact me after hours as I personally return all calls.

You may also visit our web page at www.mndisbility.com

St. Paul Firefighter Found to Sustained Occupational Disease

2009-11-24T00:10:00.004-06:00

St. Paul firefighter's death is declared in line of duty

As recently reported in the St. Paul Pioneer Press this week, a St. Paul Firefighters death was declared "in the line of duty". As you will see from the story below, it took over a decade for officer Hain's injury to be delcared in the line of duty by the City of St. Paul. Now his wife and children are eligible for dependency wage loss benefits under Minnesota's workers compensation act for AT LEAST the next 10 years. Congratulations to his family and let's all say a prayer for Officer Hain's who gave his life protecting ours!

Below is the full story as reported by Mara Gottfried in the St. Paul Pioneer Press:

As a St. Paul firefighter, Ramon "Ray" Hain came in contact with a patient's body fluids in 1997. Doctors think he contracted a rare disease that weakened his heart.

Hain, of Roseville, got a heart transplant in 1998 but had to retire in 2000 from the job he loved. In recent months, the 50-year-old Hain's heart began failing. He died last Saturday.

Despite the years that have passed, the St. Paul Fire Department considers his death to be in the line of duty — its first such death in 20 years — and his name will be inscribed at the National Fallen Firefighters Memorial in Emmitsburg, Md.

Hain didn't know he would be honored, said his wife, Gail Hain. "I think that would really touch him," she said.

Firefighting is one of the most dangerous jobs in the United States, killing more than 100 each year, said St. Paul Fire Chief Tim Butler.

Hain, who was also an emergency medical technician, described in a 1998 Pioneer Press column what had happened about four months before he became sick in September 1997.

"I responded to a cardiac arrest call during which I knelt down over the person and came in contact with body fluids on the floor," he said. "I'd had a sore on my knee at the time, and a few days later I developed some kind of massive infection in the thigh of that same leg."

Hain was born April 21, 1959, in Oak Park, Ill., and moved to Roseville with his family while in the sixth grade, his wife said. At 6 feet 6 inches tall, Hain played basketball at Augsburg College and completed his degree in business and philosophy at Metropolitan State University.

An "adrenaline junkie" who dreamed of being a firefighter, he joined the fire department in 1994, Gail Hain said.

"He was highly regarded as a first-rate firefighter — dependable, hard-working and dedicated ... a well-rounded, knowledgeable firefighter as well as a courteous, caring human being," Assistant Fire Chief Jim Smith said.

In 1997, two weeks after the Hains' youngest daughter was born, Hain started not feeling good. He went to the doctor and learned his heart was enlarged, Gail Hain said. He was diagnosed with idiopathic cardiomyopathy, a weakening of the heart muscle from unknown causes.

He was put on the transplant list right away and received a new heart Nov. 30, 1998.

Hain wanted to go back to firefighting, but doctors said the risk to his new heart was too great.

"It was very unsettling to see such a warm-hearted, passionate individual have to leave the department at such a young age," Smith said.

Hain was told he had a 10-year life expectancy and, with two young daughters, "we made the decision he would be the one to stay home," his wife said.

He volunteered at his daughters' school and was involved in their activities, Gail Hain said. He would joke about being a stay-at-home father, but he enjoyed it, she said.

He loved woodworking and set up a wood shop in the garage. Every Christmas, he made wooden ornaments or decorations. He also made wood inlay designs known as intarsia.

The last St. Paul firefighter to die in the line of duty was fire investigator Gary Skoglund, who was killed in a 1989 fire, the department said.

The Local 21 honor guard will serve at Ray Hain's memorial service today. Visitation is from 2:30 to 4 p.m. at St. Michael's Lutheran Church, 1660 W. County Road B, Roseville. The memorial service will follow at the same location.

Besides his wife, Hain is survived by daughters Rachel, 14, and Sara, 12; father Edward Hain, of Olathe, Kan.; sisters Sherry Duval, of Cottage Grove, and Karen Sitzmann, of Lenexa, Kan.; and brother Steve Hain, of Olathe, Kan.

Who Pays For The Medical Bills For My Workers Compensation Injury?

2009-09-26T11:55:00.005-05:00

Under Minnesota's workers compensation laws, an employee sustaining a work related injury is entitled to reasonable and necessary medical treatment. Given this rule many injured workers assume that the Minnesota employer and workers’ compensation insurer will automatically pay for the injury and the related medical expenses. This is unfortunately often not the case.

Many injured workers then go without treatment which allows the same employer and workers compensation insurer to allege that the lack of treatment is an indication you were NOT injured or injured that bad. Given some cases can take anywhere from a few months or even up to a year before a judicial determination is made on the dispute, it is VERY important that you find some way to get the treatment you deserve and need.

If you have private health insurance and your workers compensation claim or treatment has been denied, Minnesota law requires the health insurer to provide coverage under their policy and seek reimbursement from the workers compensation insurer. Many of my clients have overlooked this right as nobody who works for the insurance company is willing to share this secret.

If, however, you are without health insurance you are not alone. Nearly 700,000 Minnesotans receive health care through the state’s three publicly funded basic health care programs — Medical Assistance (MA) — Minnesota’s Medicaid program, General Assistance Medical Care (GAMC) and MinnesotaCare. For more information click here. Even with these programs in place,over 453,000 Minnesotans go without health insurance according to the U.S Census Bureau.

The Minnesota Department of Human Services (DHS) administers these programs and pays all or part of enrollees’ medical bills for:

Medical Assistance (MA) (Minnesota’s Medicaid program) is the largest of the health care programs, providing health care coverage and prescription medication coverage for a monthly average of 507,000 low-income senior citizens, children and families, and people with disabilities in fiscal year (FY) 2007.

General Assistance Medical Care (GAMC) provides medical care for a monthly average of 33,000 (FY 2007) low-income Minnesotans who don’t qualify for MA or other state and federal programs — primarily low-income adults, ages 21 and 64, who do not have any dependent children.

MinnesotaCare is a publicly subsidized program for Minnesota residents who don’t have access to affordable health care coverage. In order to eligbile you must meet the following:

Have a Social Security number or be willing to apply for one (unless you have religious objections);
Live in Minnesota;
If you are an adult and do not have children living with you, or if your children are over age 21, you must have lived in Minnesota for six months;
Be a U.S. citizen or non-citizen lawfully residing in the U.S.;
Not have other health insurance now or have had health insurance (including Medicare), for at least four months except for Medical Assistance enrollees whose health insurance premium was paid for by Medical Assistance; and
Not be able to get health insurance through an employer who offers to pay at least half the monthly cost.

Assistance in applying can be found here.

The only way an injured worker can get back to work is to get the necessary medical treatment. If you find yourself without medical insurance and the workers’ compensation insurer refuses to pay for your medical treatment, look into contacting the state and/or county for assistance. MinnesotaHelp.info is another great resource for help.

If you have been injured at work, attorney Tom Atkinson is more than willing to discuss your claim. There is NO obligation and he is willing to review your case to ensure you are properly receiving all the benefits you have coming to you. Contact him directly at 651-324-9514 or visit his web site at www.mndisability.com

I Was Laid Off Or Fired From My Job, Now What Do I Do?

2009-09-20T12:02:00.002-05:00

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota. If this is happening at 3M, it is happening at companies throughout Minnesota.

Hopefully, the economy will start to recover, layoffs of Minnesotans will slow in the next few months and folks can start getting back to work.

While getting laid off is extremely difficult, it can be even more difficult for laid-off workers who have physical restrictions related to a work injury. Frequently, workers who are on light-duty or who have physical restrictions related to a work injury are the first to be laid off. These physical restrictions, such as lifting limitations, or limitations on the number of hours a person can work can make finding a new job incredibly difficult. Fortunately, in Minnesota, if a worker who has physical restrictions due to a work-related injury is laid off for economic reasons, that worker may be entitled to wage loss benefits and job search or retraining assistance through workers’ compensation.

One of the most important benefits is the assistance of a Qualified Rehabilitation Counsultant or QRC who can provide job placement services and/or retraining.

If you’re a laid off employee OR were possibly even terminated from your employer, but you have physical restrictions for a work-related injury, you may be entitled to workers’ compensation benefits. To schedule a free, no-obligation consultation with one of our workers’ compensation lawyers, call Minnesota Disability and Atkinson Law Office PA at 651-324-9514 or visit our web site at www.mndisability.com to send us an email. We can help you get the benefits you are entitled to NOW!

Your Work Comp Claim Was Denied. Now What Can You Do?

2009-08-09T13:50:00.003-05:00

Hire an EXPERIENCED workers compensation attorney TODAY. The same fee is paid to every attorney under Minnesota law so why would you hire someone who only dabbles in work comp or has only been out of law school for a few years? It makes no sense!

At Atkinson Law Office and Minnesota Disability, Attorney Tom Atkinson who has nearly two decades of Minnesota workers compensation experience will personally oversee your claim, puncutually returning your calls! When your claim is denied the ONLY way to get benefits paid is to initiate a claim by filing a Claim Petition.

A Claim Petition is a standard form that sets forth basic information about the employee’s claim for workers’ compensation benefits. The Claim Petition contains information about the employee, including his or her name, address, Social Security Number, date of birth, and date(s) of injury. It also lists the name of the employer(s) and insurer(s). The Claim Petition also sets forth the nature of the injury and the average weekly wage at the time of the injury. Finally, the Claim Petition lists the types of claims alleged, including Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Total Disability (PTD), Permanent Partial Disability (PPD), Rehabilitation Benefits, and/or medical benefits.

The Claim Petition is filed with the Department of Labor and Industry, and copies of the Claim Petition are served on the employee, the employer, the insurer, and any third-party payors, such as major medical insurers. Notice to Potential Intervenors are often served along with the Claim Petition to any medical providers and any third-party payors.

A Claim Petition is generally filed when the employer and/or insurer is denying primary liability, meaning that they admit no responsibility for the injury. A Claim Petition is also filed when there is a claim for monetary benefits, such as Temporary Total Disability (TTD), Temporary Partial Disability (TPD), and/or Permanent Partial Disaiblity (PTD), even if the insurer admits primary liability. If an injured worker has settled his or her case on a full, final complete basis, leaving open future medical benefits, a Claim Petition may be used in some instances where there is a dispute over medical expenses.

Once your Claim Petition has been filed, the employer and/or insurer is generally required to file an Answer to the Claim Petition within 20 days. The employer and/or insurer is required to serve specific responses to the allegations in the claim petition. If an answer is not filed in a timely matter and/or an extension of time to answer is not requested, the employee may request that the matter be scheduled for an expedited hearing.

Typically, after the Claim Petition has been filed, the matter is scheduled for a Settlement Conference at the Office of Administrative Hearings. Prior to the Settlement Conference, if appropriate, the employee’s attorney will often submit a settlement demand to the attorney for the employer and insurer. The purpose of the Settlement Conference is to attempt to discuss the possibility of settlement. Some cases settle at the Settlement Conference, and some do not. If it appears that the parties have reached an impasse, and that further negotiations will not facilitate a settlement, the case may be referred to the Office of Administrative Hearings for the scheduling of a hearing. If either side needs additional information, if the case is not ripe for settlement discussions, or if the sides need additional time to negotiate, the Compensation Judge may also reset a Settlement Conference for a month or two in the future.

If the parties are unable to reach a settlement, the case will proceed toward a Hearing. In Minnesota workers’ compensation, a Hearing is the equivalent of a trial. At the Hearing, both sides will present evidence in support of their respective positions, and the employee will generally provide testimony. After all evidence has been heard, the Compensation Judge issues a decision, which is final and binding on the parties.

The entire process from the filing of the Claim Petition through a Hearing can take anywhere from six months to a year or more. In some instances your case can be expedited due to financial hardship. Let an attorney like Tom Atkinson personally assist you in determining whether your case could possibly qualify. You may reach him directly at 651-324-9514 or email at tom@mndisability. Also be sure to check our the Minnesota Disability and Atkinson Law Office web site at www.mndisability.com

I Don't Live In Minnesota But Was Injured In Minnesota While Working For An Out of State Employer. Do I Have A Minnesota Work Comp Case?

2009-07-28T00:51:00.006-05:00

YES! I represent many clients whose only connection to Minnesota is the unfortunate fact that they were injured here. I have represented truck drivers, roofers, and even insurance adjusters who were injured while working for out of state employers while performing their jobs in Minnesota. Without exception if you were injured while in MINNESOTA you are entitled to Minnesota Workers Compensation benefits. Though you may have the choice to elect another jurisdiction, there are very few jurisdictions which provide comparable benefits to Minnesota.

Conversely, if you are a Minnesota resident working for a Minnesota company outside of Minnesota you may also be entitled to Minnesota Work Comp benefits even if your injury occurred across the globe! The court will look at the following criteria:

Extraterritorial Application. If an employee who regularly performs the primary duties of employment within this state receives an injury while outside of this state in the employ of the same employer, the provisions of this chapter shall apply to such injury. If a resident of this state is transferred outside the territorial limits of the United States as an employee of a Minnesota employer, the resident shall be presumed to be temporarily employed outside of this state while so employed.

Temporary employment outside Minnesota. If an employee hired in this state by a Minnesota employer, receives an injury while temporarily employed outside of this state, such injury shall be subject to the provisions of this chapter.

It is important to note that even if you have already initiated a claim for workers compensation benefits in another state you still may be able to pursue a claim in Minnesota courts for benefits. Contact an experienced workers compensation attorney such as myself, Thomas Atkinson at 651-324-9514 or visit my website TODAY. www.mndisability.com I look forward to discussing your case.

My Employer Sent Me To Their Doctor Following An Injury. Is This Right?

2009-07-20T00:36:00.004-05:00

NO, this is not ok! You have the absolute right to choose your doctor and you should do so immediately. If you believe that the companies doctor is acting in your best interest, you are very wrong! Company doctors often have contractual relationships with employers and are encouraged to return an injured employee back to work as soon as possible regardless of the nature and extent of their injury. Minnesota workers compensation laws allow YOU, the injured worker, the right to chose an doctor or health care provider at your employers expense (regardless of whether you have health insurance).

If you do not have a family physician or chiropractor and sustained a work related injury, my office would be happy to assist you in finding a health care professional in your area and assist you in getting your benefits paid. Contact me, Tom Atkinson, today at 651-324-9514 or visit my website at www.mndisability.com

I Didn't Suffer A Specific or Sudden Injury, It Happened Gradually. Is This A Work Injury?

2009-07-18T10:48:00.007-05:00

YES, your work was likely a substantial contributing cause and accelerated your injury.

When people think of work injuries, they often think of sudden, unexpected accidents, such as falling off a ladder, being involved in a car accident, slipping and falling, or injuries due to lifting heavy objects. These types of work injuries are known as “specific injuries” under Minnesota workers’ compensation law. These types of injuries are caused by an specific event at a specific time. But what about injuries that occur over a long period of time, that weren’t necessarily caused by a specific event, and didn’t occur at one specific time?

Under Minnesota work comp law, these types of injuries are known as Gillette-type injuries. They are also commonly referred to as cumulative trauma injuries or repetitive motion injuries. Repetitive motion injuries or cumulative trauma injuries are referred to as Gillette-type based on the name of the case where the Minnesota Supreme Court recognized the compensability of these types of injuries.

People in occupations where their job duties require repetitive motions tend to be at greater risk for Gillette-type work injuries; however, almost any type of work activity can cause a cumulative trauma or repetitive motion injury.

Repetitive motion injuries are frequently seen in the following types of occupations:

* Assemblers
* Machine operators
* Textile sewing machine operators
* Secretaries * Cashiers
* Packaging operators
* Electronic assemblers
* Data entry workers
* Truck drivers
* Welders
* Butchers and meat cutters
* Bookkeepers
* Auditors
* Accountants
* Freight, stock and material handlers
* Carpenters
* Hairstylists
* Mechanics
* Dental hygienists
* Construction laborers

There are many factors that affect the development of repetitive motion, cumulative trauma, or Gillette-type injuries:

* Repetitive motion: when a task is repeated frequently it can cause strains and fatigue in muscles, joints and tendons.
* Forceful exertion: tasks that require force place a higher load or stress on muscles, tendons and joints.
* Awkward posture/position: poor posture while performing a task, especially a repetitive task, puts strain on joints and muscles.
* Duration: tasks that require the use of the same muscles for long periods of time can cause fatigue in those muscles and make them susceptible to injury.
* Compression: pressing body parts on hard or sharp surfaces causes a decrease in blood flow to the muscles, tendons and nerves in that area. This can cause symptoms of tingling, numbness and change in sensation, and lead to tissue damage in that area.
* Vibration: activities involving vibration put stress on individual parts or the whole body. * Poor physical health: conditions such as diabetes, cardiovascular disease, Raynaud's, arthritis, smoking, alcoholism, gout, hypertension, poor nutrition, lack of exercise, stress and job dissatisfaction can increase the chance of developing a repetitive motion injury.

Common types of Gillette-type, repetitive motion, cumulative trauma injuries include:

* Tendinitis * Bursitis
* Carpal tunnel syndrome
* Rotator cuff tears
* Lumbar or cervical disc degeneration
* Lumbar or cervical disc herniations or bulges
* Epicondylitis
* Trigger finger
* Tenosynovitis
* Ganglion cyst
* Hand-arm vibration syndrome
* Radial tunnel syndrome
* Cubital tunnel syndrome
* Thoracic outlet syndrome
* Plica syndrome
* Patellofemoral pain syndrome
* Medial collateral tears
* Meniscus tears Gillette-type injuries are very frequently contested by employers and their workers’ compensation insurance company.

If you have sustained a repetitive motion, cumulative trauma, or Gillette-type injury at work, call Atkinson Law Office or click here to send us an email to schedule a free consultation. You may also contact Tom Atkinson directly at 651-324-9514 or visit www.mndisability.com

My Workers Compensation Benefits Were Suddenly Stopped. What Can I Do?

2009-06-18T22:34:00.003-05:00

Attorney Thomas Atkinson has authored numerous articles on the subject of the receipt of Notices of Intent to Discontinue (NOID) Workers Compensation benefits by injured workers in articles published in my blog and national publications such as The American Bar Association Journal and US Law Blog.

At Minnesota Disability and Atkinson Law Offices we believe that your receipt of a NOID signals the single most important time for injured workers to contact an attorney. Neither Tom nor any other Minnesota attorney will charge you a fee for merely discussing this document. If you are an injured working currently receiving wage loss benefits YOU WILL RECEIVE a NOID in your mailbox within the next few months guaranteed! When you receive the NOID you have very little time to act to preserve your right to receive ongoing wage loss benefits. These documents usual follow an “independent medical examination” or return to work slip obtained by pressuring a treating physician to return you work.

Remember that release you signed allowing the insurer to contact your health care providers, well the “nurse case manager” employed by the insurance company earns his/her job by getting you released finished with treatment and returned to work as fast as they can. You should NEVER allow a nurse case manager to assist with your file. They have no right to interfere with your doctor/patient relationship.

As soon as the Notice of Intent to Discontinue Benefits arrives in your mailbox you need to contact an experienced workers compensation attorney who limits their practice to workers compensation matters. Tom Atkinson has the number of the Minnesota Department of Labor employee who sets conferences to contest NOIDs on the speed dial of his phone! Tom will arrange for an expedited conference to your discontinuance action immediately. Contact Tom Atkinson at 651-324-9514 or email me at tom@mndisability.com Feel free to visit my website at www.mndisability.com

I Have A Spinal Cord Injury Because Of A Work Injury. What Can Be Done To Help Me.

2009-06-09T07:59:00.000-05:00

Spinal cord injury cases can involve significant costly damages both medically and monetarily. It is extremely important that the injured party receive proper representation by an experienced workers compensation attorney familiar with these injuries. In the past Atkinson Law Offices and Minnesota Disability have represented individuals with serious spinal cord injuries including quadriplegic spinal cord injuries.

In serious accidents the spinal cord can be damaged, anywhere from the neck down through the lower back. The spinal cord is designed to transmit both feeling and control between the brain and the rest of our body. If a traumatic event damages the spinal cord, communication between the brain and other parts of the body can be cut off, resulting in varying levels of paralysis and loss of function. These injuries can be devastating to the injured party and his or her loved ones.

Spinal cord injuries fall into two category types, complete and incomplete. A complete injury is associated with the total loss of function below the level of injury. In such cases there is no sensation, nor voluntary movement below the level of injury. An incomplete injury is characterized by partial function below the level of injury. An individual suffering from incomplete paralysis can experience an array of symptoms including partial voluntary control, feeling in areas that cannot be controlled voluntarily, or the ability to control one side of the body and not the other.

How an individual’s body is affected by a spinal cord injury is generally dependent on the level of injury. Typically, the higher up a spinal injury occurs, the more widespread the effect on the body. Usually, cervical (neck) injuries result in quadriplegia, involving loss of function in both the upper and lower extremities. Injuries above the C-4 vertebrae may even require use of a ventilator to assist with breathing. C-5 injuries can result in retention of shoulder and upper arm control, but a lack of control in the lower arm and hands. C-7 injuries usually allow some level of control in the hand and fingers despite problems with dexterity.

Lower level spinal damage that occurs in the thoracic level and below can result in paraplegia. Paraplegia is generally associated with the loss of use of the legs. However, paraplegia can also result in a myriad of other conditions including: poor muscle control in the trunk, dysfunction of the bowel and bladder, sexual dysfunction, blood pressure problems, inability to properly regulate body temperature, and chronic pain.

Finally, spinal cord injuries can result as a consequence to admitted cervical thoracic and lumbar back injuries. Occasionally during surgery damage can result to he cord or main nerves. The resulting damage is also considered a work injury as long as the underlying treatment is work related. If you sustain a work related spinal cord injury, attorney Thomas Atkinson is ready to assist you provide you with advice and recommendations to assist you with your recovery. Workers compensation benefits including nursing services, reimbursement for family care, home remodeling and other benefits are reimbursable under Minnesota’s Workers Compensation statute. Contact Tom at 651-3224-9514 or tom@mndisability.com You can also visit his website at www.mndisability.com

Are Accidents Away From Work Payable Under Minnesota Workers Compensation?

2009-06-04T22:07:00.005-05:00

ABSOLUTELY YES! Occasionally, work-related accidents occur while you are not physically on the work premises. Minnesota law mandates that if you sustain an injury away from the work site, you may still have the same rights as if the injury occurred on the employer's premises. If you are injured while; traveling for work related business, on your way to a work meeting, traveling to or from a work site, or even participating in a after hours work event with clients or customers, Minnesota workers compensation laws hold that the injury is in the course and scope of your employment.

At the Law Offices of Thomas Atkinson and Minnesota Disability I help injured workers recover rightful benefits following an accident away from work. Contact me, Tom Atkinson to speak with an experienced Minnesota Workers Compensation lawyer with nearly two decades of experience.

Though my practice is limited to workers compensation and disability matters, I have partnered with extremely effective personal injury lawyers to ensure that you receive all of your workers compensation benefits while also pursuing negligent parties following all types of accidents away from work, such as:

* Slip and fall accidents away from work: such as workers injured from falling down the stairs in a home in which repairs are being made (cable repairs, utility repairs, etc.) or a delivery person who trips over a dog leash on the porch steps

* Dog bites/animal attacks away from work: such as a delivery person or lawn service person attacked by a dog or a construction subcontractor attacked while replacing the dining room cabinets in a home

* Car/truck accidents away from work: such as a garbage truck driver or delivery truck driver injured in a truck accident while performing job duties or any other employee involved in a car accident in the scope of employment

Whether an injury is sustained while lifting boxes in the warehouse or in a car accident while running an errand for your boss - Minnesota workers’ compensation laws govern all work-related injuries. Generally, people who sustain on-the-job injuries may only seek compensation for medical expenses, wage loss, permanent partial disability, vocational retraining and other expenses by pursuing a workers' compensation. However, when an accident occurs away from work, there are often additional claims against at-fault parties other than your employer, which may be pursued.

By partnering with very well respected personal injury attorneys I help clients understand their rights and pursue the full compensation they need and deserve. When workers' compensation benefits are paid and a third party claim is settled at a later date, I have the experience and skill to effectively negotiate with your employer's insurance company so that minimal workers' compensation benefits are paid back. Creative discussions have resulted in significant reductions or even waivers of these claims for repayment.

If you have sustained an injury away from work, contact attorney Thomas Atkinson of Atkinson Law Offices and Minnesota Disability for a FREE consultation. Under Minnesota Workers Compensation laws, an attorney may NOT charge a retainer and can only collect a fee from the employer and workers compensation insurer if they assist you in recovering benefits. Contact attorney Tom Atkinson today at 651-324-9514 or email at tom@mndisability.com Also visit his website at www.mndisability.com

Minnesota Workers Compensation Tools, Rules and Guidelines

2009-06-01T17:52:00.005-05:00

Have you ever been puzzled by the abbreviations and acronyms used by your attorneys discussing your workers compensation benefits? Below I have listed some common workers’ compensation abbreviations and the meanings:

TTD: TEMPORARY TOTAL DISABILITY’. Workers compensation wage loss benefits available to injured workers who are off work completely due to their injuries.

TPD: TEMPORARY TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are working at a wage loss due to their injuries.

PTD: PERMANENT TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are completely and totally disabled from returning to substantial gainful employment as the result of their work injuries. This term does not necessarily mean FOREVER, just for an indefinite period of time.

PPD: PERMANENT PARTIAL DISABILITY. Workers’ compensation monetary benefits available to workers who have suffered a permanent injury.

MMI: MAXIMUM MEDICAL IMPROVEMENT. The date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain

QRC: QUALIFIED REHABILIATION COUNSELOR. A QRC provides rehabilitation services to workers who are unable to return to their pre-injury employment.

NOID: NOTICE OF INTENT TO DISCONTINUE. A specific form filed by an insurer or employer when they intend to discontinue an injured workers’ benefits. YOU ARE STRONGLY URGED TO CONTACT AN ATTORNEY AS SOON AS YOU RECEIVE THIS NOTICE IN THE MAIL!

NOPLD: Notice of Primary Liability Determination. A specific form filed by an insurer or employer indicating its initial decision regarding its liability for an injured workers’ claim.

FROI: First Report of Injury. A specific form that an employer must fill out following an injury.

RCD: Request for Certification of Dispute. A specific form filed by an employee or their attorney to certify a dispute regarding medical or rehabilitation services.

SOAF: Statement of Attorney Fees. A petition filed by an employee’s attorney for approval of attorney’s fees in some cases.

NOA: Notice of Appearance of Attorney. Notice filed with the Department of Labor and Industry notifying the Department that an attorney is involved with a workers’ compensation case.

NOBP: Notice of Benefit Payment. A form filed by the workers’ compensation insurance company indicating payment of benefits.

WC: Workers’ Compensation.

WCCA: Workers’ Compensation Court of Appeals.

WID: Worker ID Number. New in 2008, the Minnesota Department of Labor begins replacing social security numbers with WID numbers. A WID number is assigned to workers in lieu of using the worker’s Social Security Number for purposes of identification.

AWW: AVERAGE WEEKLY WAGE. Used to calculate the amount of wage loss benefits an injured worker is entitled to.

SAWW: Statewide Average Weekly Wage. Used to calculate the maximum compensation rate.

EE: Employee.

EER or ER: Employer.

IR: Insurer.

TPA: Third-Party Administrator. Work comp. insurers frequently use TPA’s to administer their workers’ compensation programs.

FCE: Functional Capacity Evaluation or Examination. An evaluation to determine an injured workers’ capacity for physical activities.

IVE: Independent Vocational Evaluation or Examination. An evaluation to determine an injured workers’ vocational abilities.

RTW: Return to work.

PT: Physical Therapy.

ROM: Range of Motion.

TBD: To be determined.

DOI: Date of injury.

DOL: Date of loss.

OAH: Office of Administrative Hearings. In Minnesota the main offices are in St. Paul and Duluth.

DOLI: Department of Labor and Industry.

SSDI: Social Security Disability Insurance.

IME: INDEPENDENT MEDICAL EXAMINATION. An examination conducted by a doctor hired by the employer or workers’ compensation insurance company. The examination should actually be called an ADVERSE EXAMINATION given there is nothing independent about it. This doctor is NOT your treating doctor and is a hired “gun” by the employer and insurance company.

ADR: Alternative Dispute Resolution, including mediation or arbitration.

At Minnesota Disability and Atkinson Law Offices, Attorney Thomas Atkinson will gladly answer any of your workers compensation questions. With nearly two decades of workers compensation experience, including years an attorney for the same insurance companies denying your benefits, he can help you maneuver the system to your advantage. Contact him at 651-324-9514 or visit www.mndisability.com

Do Minnesota Construction Workers and Union Members Need to Work In Unsafe Work Places?

2009-05-29T00:53:00.004-05:00

NO! As recently reported on WCCO Television, construction workers in Minnesota face enormous risks of work injuries.

There's a lot of construction going on in downtown Minneapolis this summer from roads to the new ball park and everything in between. One project at the top of the Target Center is causing controversy on the ground. Union roofers marched around the Target Center Thursday. They said non-union workers are facing unsafe conditions on this job. Union members shot night video to show there are no lights on while workers transform the top of the Target Center from concrete to a green, environmentally friendly roof. "Trabajamos en la noche obscuridad," said Celso Alvarado. "We work at night in the pitch dark," explained a translator. Alvarado has worked for Stock Roofing for five years. He said there were other safety violations – including no lines on safety harnesses, no safety goggles and no dust masks. Stock Roofing's president said the job at the Target Center is difficult because they can't do work when there is a show or concert. That means that more work is done at night. The company insisted it complies with all safety standards. The roofers union wanted city officials to take some of the blame. They said the city accepted a bid from a non-union company instead of doing business with unions. "Shame on those local officials who allow contractors to cut costs by putting workers in harm's way," said Rob Snider of United Union of Roofers, Local 96. "In this case the lowest bid was in fact $2 million below the next lowest, so a major savings for the green roof," said Mike Christenson, Director of Minneapolis Community Planning & Economic Development. "Having said that, we will accept no shortcuts on safety." Since workers filed their complaint, the company has added more lights for night work. Workers are ahead of schedule. They will begin planting up on the roof at the end of June and work is expected to be finished by the end of July.

When construction workers are injured on the job, they are entitled to special treatment under Minnesota's workers compensation statute. However, they are also subject to a very unfair arbitration program called the Union Construction Facilitation Program. If you are an injured Union or Construction worker, you should contact a experienced workers compensation attorney with Minnesota Disability and Atkinson Law Offices. Thomas Atkinson has nearly two decades of experience and has appeared before this unique Facilitation program many times over the years. Attorney Atkinson has "secret" tips he uses to avoid the pitfalls of this biases unfair system. Contact him directly if you are an injured union or construction worker at 651-324-9514.

If I'm Involved In A Car Crash While Working Can I Sue The Driver AND Collect Workers Compensation Benefits?

2009-05-22T15:56:00.005-05:00

Absolutely YES! Though Minnesota Workers Compensation benefits are "primary" over No Fault Insurance benefits you may still bring a personal injury action against the at fault party. In addition, there are other benefits that workers compensation will not cover and your no fault carrier is obligated to pay; ie household chores, regular home maintenance such as yard work, etc.

If you are a traveling employee or coming or going from a business trip you are covered from your home and back. This is different than most work related injuries where you only have coverage on the physical job site. Accordingly it's important you talk with an experienced workers compensation attorney who understands ALL of your rights and potential benefits.

At Atkinson Law Offices and Minnesota Disability we work with a select group of personal injury law firms to maximize your recovery of both workers compensation and personal injury benefits. Attorney Thomas Atkinson has handled thousands of workers compensation matters over his nearly two decades of experience and recognizes the importance of coordinating both your workers compensation and personal injury benefits. Call me Minnesota Disability and Atkinson Law Offices today at 651-324-9514.

I Received A Severance Package From My Employer. Can I Still Bring a Claim For Workers Compensation Benefits?

2009-05-17T23:07:00.002-05:00

ABSOLUTELY YES!

In the current economy many employers are looking to eliminate costs wherever possible. Unfortunately for Minnesota employee’s who are currently working in light duty positions or returned to work with physical restrictions as the result of a Minnesota Workers Compensation injury, you are a target for downsizing. The laws are suppose to protect you from losing your job merely because you had a work injury but some employers do ignore these laws and terminate you anyway.

As a part of these layoffs, employers often offer voluntary resignations or severance package that purport to pay your benefits for a short period of time or offer a lump sum payment in exchange for a “full release of any and all claims”. A client recently asked me whether he was therefore precluded from pursuing his workers compensation claim. The answer is absolutely NO! Employment releases, including those with a voluntary resignation and/or full release of claims do not prevent you from pursuing an action for Minnesota Workers Compensation benefits.

In Minnesota your right to pursue workers compensation benefits is protected under state law and ONLY a workers compensation judge appointed by the Governor at the Office of Administrative Hearings may approve an agreement to waive or close out workers compensation benefits. Minnesota has created a somewhat paternalistic workers compensation system that mandates approval of any limitations on an injured workers ‘ rights to workers compensation benefits.

If you sustained a workers compensation injury and lost your job, you may still be entitled to wage loss and rehabilitation benefits including retraining. Contact attorney Thomas Atkinson at Atkinson Law Offices and Minnesota Disability for a free consultation. Free means just what is stated, you pay nothing directly to our office even if we prevail and obtain a recovery for you. Contact Tom Atkinson at 651-324-9514 or tom@mndisability.com View our web site at www.mndisability.com

What Happens If I'm Never Able To Return To Work?

2009-05-13T10:50:00.000-05:00

The Minnesota Legislature changes our laws every few years resulting in significant changes to the benefits you are entitled to under Minnesota’s Workers Compensation Act. In Minnesota, your benefit rights depend on your date of injury. Just because your friend or neighbor is entitled to a certain weekly wage benefit, your rights may be based on a different set of rules.

During the last decade one of the biggest changes we have seen is entitlement to permanent total disability benefits. Permanent total disability (PTD) benefits are wage loss benefits available when an employee is unable to work as the result of a work injury for an indefinite period of time. Despite what you may read, it doesn’t mean that a judge must find that you can NEVER work again. This is a far less stringent requirement and a legal rule overlooked by attorneys who merely dabble in Minnesota’s complex workers compensation system.

If I am PTD, how long am I entitled to benefits?

If you are permanently and totally disabled prior to October 1, 1995, you are very likely entitled to wage loss benefits for the remainder of your life. However, for injuries on or after October 1, 1995, employee’s eligibility for permanent total disability benefits usually ends at the age 67, or the state retirement age.

There are other very important factors that the courts consider including age, education and degree of disability depending upon your date of injury. Attorney’s who “dabble” in workers compensation can look up some of the guidelines, but those who have tried these cases up to hearing and to the Workers Compensation Court of Appeals and Minnesota Supreme Court understand the distinctions in presenting a winning argument over merely reciting facts.

Can’t a car accident or dog bite attorney also help me with my work injury?

When you hire an attorney like Thomas Atkinson you will have an attorney with nearly two decades of experience handling some of the most complex workers compensation cases before the courts. I don’t write wills, or help those who have been injured in non-work related car accidents. I limit my practice to workers compensation to enable me to stay on top of the ever-growing laws, rules and regulations that our legislature enacts nearly every year.

If you have an ongoing workers compensation claim and believe that your restrictions have prevented you from returning to employment, I can evaluate your case and determine whether there are vocational or rehabilitation options to assist your return to work. However, if not, I am prepared to assist you in pursuing a claim for permanent total disability. Contact me at 651-324-9514 or tom@mndisability. Visit attorney Tom Atkinson's web site at www.mndisability.com

I Have An Admitted Injury, Do I Really Need An Attorney?

2009-05-10T22:56:00.003-05:00

There is the possibility that you don’t need an attorney. However, I have NEVER seen an admitted injury case in my private practice where ALL of the benefits due were properly paid to an injured worker! So does it happen or can it happen; theoretically I suppose it can.

Let me give you an example. One of my clients had to fight his case to the Minnesota Supreme Court just to get his injury admitted as a work related injury. This case is now very famous here in Minnesota and you would think with all of the hard work it took to get him his benefits, the insurer would be careful to pay all benefits due on a timely basis.

His former attorney is now retired and I was asked to assist the client with a medical dispute. What I later found out is that many years earlier, the employee underwent surgery to his lumbar spine and bilateral shoulders resulting in a permanent condition necessitating twenty-four hour nursing services.

One would think that the insurer would have paid the minimal amount of permanent partial disability owed to this employee who is now permanently and totally disabled. I’m here to tell you that despite paying for five shoulder surgeries and a back surgery, the insurer never paid ANY permanent partial disability. It was only in reviewing a medical dispute that I discovered this either intentional omission or negligent oversight.

There are very reputable insurance companies and adjusters in this business who will pay a compensable claim without prodding by an employee’s attorney’s like myself. However, there are others who believe in a “don’t ask don’t tell” policy.

I am happy to review your file to ensure that you are currently being paid every benefit you are entitled to under Minnesota’s Workers Compensation Laws. There is NO FEE for me to review your claim, contact the insurance adjuster and ensure you are receiving the proper the benefits. You will NEVER pay me a retainer or write an attorney fee check to my office. Work comp attorneys are only paid when we assist the injured worker in getting his/her benefits. In some cases the fees are paid entirely by the insurance company who took a gamble in not paying you the benefits you are entitled. Contact attorney Thomas Atkinson and Minnesota Disability today to discuss your case at 651-324-9514 or tom@mndsiability.com

How Do I Pay For An Attorney If I Don't Have Any Money?

2009-05-06T22:16:00.003-05:00

This is one of the shorter sections I will discuss in my blogs because the law is very simple. First, it is ILLEGAL and UNETHICAL for an attorney to request a retainer to represent you in a Minnesota Workers Compensation matter! Do the attorney’s work for free? No, each and every attorney who you may call will charge the same amount as required by Minnesota Statute. You can “shop around” in an attempt to find a bargain, but you won’t find one. Unlike a personal injury attorney who may vary their fee and often charges 33% to 40% of your recovered damages, the fees for workers compensation attorneys are far less and more uniform.

Attorney fees are simply deducted directly from money benefits paid to the injured worker on a “contingency” basis using a state-imposed formula of 25% of the first $4,000 recovered and 20% of the next $60,000. The maximum fee is usually $13,000. Attorney’s fees on medical or vocational disputes are NEVER paid by the injured worker. Minnesota law requires the employer and insurer to pay the attorney directly when there is a dispute regarding medical benefits or vocational rehabilitation.

Under this system you will NEVER pay a retainer or send a check to your attorney as the result of representing you in a workers’ compensation case. The attorney will simply file a request for release of attorney fees at some point AFTER he/she obtains benefits on your behalf. The fees will then be released by the insurer to the attorney directly after he/she files a Statement of Attorney Fees and compensation judge Orders said release and payment. There is no bait and switch as every injured attorney is paid in the same manner.

At Minnesota Disability and Atkinson Law Offices you will be retaining an attorney who has limited his practice to workers compensation and injured worker disputes for nearly two decades. If you shop around, look for an attorney who has at least a decade of significant workers compensation experience to assist you AND will provide personal attention to your matter! Call attorney Tom Atkinson directly at 651-324-9514 or email him at tom@mndisability.com

When Do I Need to Tell My Employer I May Have Been Hurt On The Job?

2009-05-05T08:36:00.005-05:00

The basic rule is that when you realize your injury is related to work AND you believe that it will cause you to lose time from work you have 180 days to advise your Employer of the injury.

A work injury can be of three types, Gillette, Specific or Occupational Disease. I go three these types of injury in my blog in more detail but to review a Gillette injury occurs over weeks, months or even years until you are eventually disabled; a specific injury are injuries that occur instantly like dropping a hammer on your toe; occupational injuries are often the most complex and can be either specific or Gillette in nature and are usually due to exposures of chemicals or diseases in the work place.

ALL of these dates have exceptions that allow you to provide Notice AFTER 180 days following the development of symptoms. The date of injury is not a straightforward black and white issue. There are thousands of cases dealing with the issue of “culmination of injury”. The Court will typically look for a way to allow a compensable injury as long as you provided reasonable notice of your injury. There are exceptions for occupational diseases or trivial injuries where you may suspect work contributed to the injury but you aren’t sure and your doctor hasn’t definitively linked the injury to work activities. It is important to keep in mind that a physicians job is to assist you in treating your injury and whether it is work related or not is often far down on his/her list of important questions to ask during your brief encounters.

If you believe you may have sustained a work related injury OR your work activities have substantially aggravated a non-work related disability or medical condition you may be entitled to workers compensation benefits. Don’t come to that decision alone. Talk with an attorney whose practice is LIMITED to workers compensation and representing injured or disabled workers. At Minnesota Disability and Atkinson Law Offices I get calls every week from general personal injury attorneys asking questions about Minnesota Workers Compensation Rules. If a personal injury attorney doesn’t have an answer, you shouldn’t expect yourself to have the answer either.

I never charge a fee unless I recover a benefit on your behalf AND even then the fee is paid directly by the insurance company and not you! You will NEVER pay a retainer or fee directly to me for representing you! Call me at 651-324-9514 or email me at tom@mndisability.com.

I Have Been Scheduled For An Independent Medical Examination, Now What?

2009-04-30T08:05:00.004-05:00

As a former insurance company attorney I have schedule hundreds of "independent medical examinations" for injured workers. The term independent medical examination is not always accurate. Though there are reputable doctors who will perform a thorough examination and write a neutral report, there are many who will do and say almost anything. Many defense attorneys believe it is their job to chose the " doctors who will do and say almost anything"!

When I worked as a defense attorney I thought having a neutral independent doctor was truly important. It helped me assess and fully understand the injured worker's claim. It also gave me credibility before the compensation judges. Later in my career as a defense attorney I began to get flack from a kool-aide drinking "old time" defense lawyer who chastised me for choosing these independent physicians and telling me I needed to get on board and work with the "adverse examiners". Despite the fact that this attorney had only gone to a full hearing a handful of times in the past decade, he was going to try his hardest to win a case at almost any cost! This didn't sit well with my years of experience and the reputation I developed. This was one of the reasons I now represent only injured workers and share these stories.

How Do I Choose A Minnesota Workers Compensation Attorney?

2009-04-29T08:22:00.000-05:00

Though there are many attorneys who can represent you in a workers compensation matter, I strongly urge that you select one that has at least 10 years experience, have never been disciplined by the professional board of responsibility, and limits their practice to representing disabled or injured workers.

Many attorneys advertise that they can help you if you have been involved in a car accident, dog bite, slip and fall, or even a workers compensation matter. This may be true, but given the complexity of Minnesota Workers Compensation laws one needs to ask how well can they represent me in this specialized area. Some questions you should ask your attorney include:

1. Do you limit your practice to workers compensation,

2. Have you ever been discipline by the Minnesota Supreme Court,

3. Can they name 10 workers compensation judges from memory and ALL of the members of the Workers Compensation Court of Appeals,

4. Have they ever taken a work comp case up the Minnesota Supreme Court,

5. Do they have any special experiences which can assist you in your case (personal experience with work comp case, represented employers, insurers and injured workers).

I suggest that you use tools like the internet to research the attorney you plan to hire. Find out whether the attorney has ever been disciplined (link on my web site ), determine how long the attorney has been out of law school (link on my web site), call them on the phone or visit their office to see if you can work with this person. You need to find an attorney that will be a "good fit" for you and your case.

I have turned down clients seeking representation and referred them to other experienced workers compensation attorneys who might be a better fit than myself. I pride myself in a personal approach to representing my clients and I want them to feel same about me. If you would like to meet to discuss how I can assist you with you injury claim, feel free to contact me directly at 651-324-9514 or visit my website www.mndisability.com

My Employer Won't Complete An Incident Report or First Report of Injury, What Should I Do?

2009-04-27T08:00:00.000-05:00

What If My Employer Didn’t Complete a First Report of Injury?

First Reports of Injury refer to a workers compensation form that is required by the Minnesota Department of Labor to be completed whenever there is ANY work related injury. In my practice I have seen literally hundreds of instances where a First Report of Injury for a workers compensation injury was intentionally not completed. In many of those instances the Employer believes they can save money and avoid an increase in their insurance rates by continuing the Employee’s pay (in some instances) and covering the medical expenses under the Employee’s health insurance. Unfortunately this is not only illegal, but also it often turns into a defense by the Employer that the injury never occurred.

As an injured worker if your Employer refuses to turn in a First Report you have the absolute right to complete a copy yourself. Unfortunately, injured workers are often fearful that doing so will result in termination of their job. This usually doesn’t occur, but if itdoes, there are strict civil remedies separate from your workers compensation rights that can be pursued. I often suggest the following to my clients the following; “A work injury will likely affect you for your entire life. Employment, no matter how well it is going today, usually only lasts for a few years.”

I strongly urge you to protect your health for the sake of yourself and your family. Even if your injury is years old and your Employer never completed the First Report of Injury, in many instances a workers compensation claim can still be made. I can review your case and will usually be able to advise you of the same during our first meeting.

I represent injured workers at Atkinson Law Offices and Minnesota Disability. My entire practice is focused on sharing the secrets and tips that the workers compensation insurers refuse to tell you. In almost every instance where I meet with a client, I find a benefit that is overlooked and not being properly paid. Whether you have an admitted or denied injury, I would be happy to discuss your case with you. You can reach me directly at 651-324-9514. Remember there is NEVER EVER a fee unless you recover a benefit. This means there is no retainer or payment ever made by you to me!

Work Related de Quervain's Tendonitis

2009-04-23T08:00:00.000-05:00

The condition known as de Quervain's tendonitis, or tenosynovitis, results from the tendons at the base of the thumb becoming irritated or inflamed. When the tendon gets inflamed, the tunnel that surrounds it swells, and it becomes painful to move the thumb or wrist. Those who suffer from de Quervain's tendonitis feel pain when they hold things or try to form a fist.

Causes of De Quervain's Tendonitis

Formally known as first dorsal tendonitis, de Quervain's tendonitis is caused when the tendons at the thumb's base become irritated, usually as a result of a new repetitive activity. It is a frequent complaint from new mothers, who need to care for their babies with awkward hand positions they are not familiar with. Furthermore, changes in hormone levels from pregnancy and nursing add to the possibility of the condition showing up in new mothers.

A change to the way the wrist normally works and moves because of a fracture, severe strain or overuse in the work place can also trigger de Quervain's tendonitis because of the new and unusual stress the tendons may incur.

Signs & Symptoms

The main symptom of de Quervain's tendonitis is pain in the side of the wrist near the thumb. The pain might show up either suddenly or over time, but is felt in the wrist's first dorsal compartment. The pain can run up the forearm or down into the thumb. Moving the hand or thumb makes it worse, especially if they are twisted or used to hold onto something firmly.

The base of the thumb may become swollen and a cyst filled with fluid may even appear. The thumb, when moved, may sometimes catch or pop, and it may be hard to pinch. The nerve that lies on top of the tendon's sheath or tunnel may also become irritated and cause the index finger and back of the thumb to become numb.

Diagnosis of Tendonitis

Your hand surgeon will carefully examine your hand and wrist for signs of de Quervain's tendonitis and check if the tendons at the base of the thumb are tender. To test for it, you may be asked to make a fist with your thumb inside your fingers and your hand surgeon may then try to gently bend your fist toward your little finger. If you have de Quervain's tendonitis, this movement will cause pain.

Back to the Top

Non-Surgical & Surgical Treatments

Your hand surgeon will treat the condition so that your pain is removed or lessened by reducing the irritation and swelling in the affected tendons. Your hand doctor may suggest that you wear a splint to rest your thumb and wrist and may recommend some anti-inflammatory medications. Sometimes the inflammation can be relieved by a shot of cortisone or other steroid, and any of these treatments can reduce the swelling and pain. Changing or eliminating the motions that cause the pain can also get rid of them.

If the symptoms are very severe or the treatments tried so far don't work, surgery can often help. During the surgery, your hand surgeon will open up the compartment to give the inflamed tendons more room to move. This procedure eliminates the inflamed tendons swelling even further, which in turn increases the inflammation, and so on. Following the surgery, a splint may be suggested, but once comfort and strength have returned, normal hand, wrist, and thumb function will come back.

They Say I'm at Maximum Medical Improvement, Now What?

2009-04-21T07:15:00.000-05:00

The first time most employee's are confronted with the term MMI (Maximum Medical Improvement) is when they go to their mailbox and find a letter attached to a Notice of Intent to Discontinue Benefits on the basis the employee has reached MMI. Most employee's think this can't possibly be correct, after all they still continue to treat with their doctor and they haven't fully recovered from their injury.

Maximum medical improvement (MMI) is defined in Minnesota Statutes §176.011, Subd. 25. It is the date after which no further significant recovery from or lasting improvement to a personal injury can be reasonably anticipated, regardless of subjective complaints. After the date of MMI has been validly determined, the insurer does not need to request any further determinations of MMI unless the employee becomes medically unable to continue working (see Minnesota Statutes §176.101, Subd. 1(e)(2)). For purposes of commencement or recommencement of temporary total disability benefits only, a new period of maximum medical improvement begins when the employee becomes medically unable to continue working due to the injury.

MMI determinations are important because the employee's entitlement to future benefits can cease 90 days after the insurer serves a written report of MMI. If your benefits have been discontinued based upon MMI or any other reason, I strongly urge you to contact an experienced workers compensation attorney. When your benefits are in jeopardy, don't rely on the attorney who dabbles in work comp and can handle your will, divorce or even bankruptcy. Minnesota Disability attorney Tom Atkinson ONLY represents injured and disabled employees! Contact him today at 651-324-9514 or tom@mndisability.com

Exploring Back Surgery - Part III

2009-04-20T08:00:00.002-05:00

A spinal fusion surgery is designed to stop the motion at a painful vertebral segment, which in turn should decrease pain generated from the joint. There are many approaches to lumbar spinal fusion surgery, and all involve adding bone graft to an area of the spine to set up a biological response that causes the bone graft to grow between the two vertebral elements and create a fusion, thereby stopping the motion at that segment.

For patients with the following conditions, if abnormal and excessive motion at a vertebral segment results in severe pain and inability to function, a fusion may be considered

Isthmic, degenerative or postlaminectomy spondylolisthesis.

Other conditions that may be treated by a spinal fusion surgery include a weak or unstable spine (caused by infections or tumors), fractures, scoliosis or deformity.

How spine fusion surgery works

At each level in the spine, there is a disc space in the front and paired facet joints in the back. Working together, these structures define a motion segment and permit multiple degrees of motion. Two vertebral segments need to be fused together to stop the motion at one segment, so that an L4-L5 (lumbar segment 4 and lumbar segment 5) spinal fusion is actually a one-level spinal fusion.

A spine fusion surgery involves using bone graft to cause two vertebral bodies to grow together into one long bone. Bone graft can be taken from the patient's hip (autograft bone) during the spine fusion surgery, harvested from cadaver bone (allograft bone). or manufactured (synthetic bone graft substitute).

In general, a lumbar spinal fusion surgery is most effective for those conditions involving only one vertebral segment. Most patients will not notice any limitation in motion after a one-level spine fusion. Only in rare cases should a three (or more) level fusion surgery for pain alone be considered, although it may be necessary in cases of scoliosis and lumbar deformity.

When necessary, fusing two segments of the spine may be a reasonable option for treatment of pain. However, spinal fusion of more than two segments is unlikely to provide pain relief because it removes too much of the normal motion in the lower back and places too much stress across the remaining joints.

There are several types of spinal fusion surgery options, including:

Posterior lumbar interbody fusion (PLIF/TLIF))—the procedure is done from the back and includes removing the disc between two vertebrae and inserting bone into the space created between the two vertebral bodies
Posterolateral gutter fusion—the procedure is done through the back
Anterior lumbar interbody fusion (ALIF)—the procedure is done from the front and includes removing the disc between two vertebrae and inserting bone into the space created between the two vertebral bodies
Anterior/posterior spinal fusion—the procedure is done from the front and the back

Exploring Back Surgery - Part II

2009-04-18T06:27:00.000-05:00

Like some of my clients, I sustained a work related back injury resulting in the need for surgery. In Part II of Exploring Back Surgery, I will discuss the procedure I underwent to repair a large free fragment disc herniation in my back.

A discectomy is a surgery done to remove a herniated disc from the spinal canal. When a disc herniation occurs, a fragment of the normal spinal disc is dislodged. This fragment may press against the spinal cord or the nerves that surround the spinal cord. This pressure causes the symptoms that are characteristic of herniated discs.

The surgical treatment of a herniated disc is to remove the fragment of spinal disc that is causing the pressure on the nerve. This procedure is called a discectomy. The traditional surgery is called an open discectomy. An open discectomy is a procedure where the surgeon uses a small incision and looks at the actual herniated disc in order to remove the disc and relieve the pressure on the nerve.

How is a discectomy performed?
A discectomy is performed under general anesthesia. The procedure takes about an hour, depending on the extent of the disc herniation, the size of the patient, and other factors. A discectomy is done with the patient lying face down, and the back pointing upwards.

In order to remove the fragment of herniated disc, your surgeon will make an incision over the center of your back. The incision is usually about 3 centimeters in length. Your surgeon then carefully dissects the muscles away from the bone of your spine. Using special instruments, your surgeon removes a small amount of bone and ligament from the back of the spine. This part of the procedure is called a laminotomy.

Once this bone and ligament is removed, your surgeon can see, and protect, the spinal nerves. Once the disc herniation is found, the herniated disc fragment is removed. Depending on the appearance and the condition of the remaining disc, more disc fragments may be removed in hopes of avoiding another fragment of disc from herniating in the future. Once the disc has been cleaned out from the area around the nerves, the incision is closed and a bandage is applied.

What is the recovery from a discectomy?
Patients often awaken from surgery with complete resolution of their leg pain; however, it is not unusual for these symptoms to take several weeks to slowly dissipate. Pain around the incision is common, but usually well controlled with oral pain medications. Patients often spend one night in the hospital, but are usually then discharged the following day. A lumbar corset brace may help with some symptoms of pain, but is not necessary in all cases.

What is endoscopic microdiscectomy?
This is a newer technique utilized by my surgeon. This technique may allow your surgeon to perform a procedure called an endoscopic discectomy. In an endoscopic discectomy your surgeon uses special instruments and a camera to remove the herniated disc through very small incisions.

The endoscopic microdiscectomy is a procedure that accomplishes the same goal as a traditional open discectomy, removing the herniated disc, but uses a smaller incision. Instead of actually looking at the herniated disc fragment and removing it, your surgeon uses a small camera to find the fragment and special instruments to remove it. The procedure may not require general anesthesia, and is done through a smaller incision with less tissue dissection. Your surgeon uses x-ray and the camera to "see" where the disc herniation is, and special instruments to remove the fragment.

Exploring Back Surgery - Part I

2009-04-16T07:00:00.000-05:00

As many of your are aware, I am the founder of Minnesota Disability and Atkinson Law Offices where I offer nearly two decades of experience handling workers compensation matters. What you may not know is that like some of you, I have suffered from a workers compensation injury that resulted in back surgery.

Though my surgery has had many positive results, I unfortunately have ongoing complications. In this series of articles I want to explore the types of back surgeries that may be recommended to those of you with chronic back pain in an attempt to answer some of your questions. Surgery is a very serious procedure that can have profound benefits for certain individuals. However, surgery is something that has the potential for downsides and careful consideration must be taken before undertaking the same.

In Minnesota there are currently 6 forms of back surgery that are being performed in most major hospitals. They range from the most common procedure, diskectomy, to the newest and least well know, the artificial disk.

Diskectomy. This involves removal of the herniated portion of a disk to relieve pressure on a nerve. It's done as an open surgery, and typically involves full or partial removal of the back portion of a vertebra (lamina) to access the ruptured disk.

Laminectomy. This procedure involves the removal of the lamina that overlays the spinal canal. It enlarges the spinal canal and is performed to relieve nerve pressure caused by spinal stenosis.

Fusion. Spinal fusion permanently connects two or more bones in your spine. It can relieve pain by adding stability to a spinal fracture or when there's excessive motion between vertebrae. It may also be used to eliminate painful motion between vertebrae that can result from a degenerated or injured disk.

Intradiscal electrothermal therapy (IDET). In this treatment, doctors insert a needle through a catheter into the disk. The needle is heated to a high temperature for up to 20 minutes. The heat thickens and seals the disk wall, reducing disk bulge and the related spinal nerve irritation.

Vertebroplasty. During this procedure, your surgeon injects bone cement into compressed vertebrae. For fractured and compressed vertebrae, this procedure can help stabilize fractures and relieve pain. With a similar procedure — called kyphoplasty — a balloon-like device is inserted to expand compressed vertebrae before bone cement is injected.

Artificial disks. Implanted artificial disks are a treatment alternative to spinal fusion for painful movement between two vertebrae due to a degenerated or injured disk. These relatively new devices are still being studied, however, so it's not yet clear what role they might play as a back surgery option.

Work Related Carpal Tunnel Syndrome

2009-04-14T09:17:00.000-05:00

Everyday Minnesota workers deal with a painful condition of the hands and wrists know as Carpal tunnel syndrome (CTS) or median neuritis. Bilateral Carpal Tunnel Syndrome is caused by pressure on the median nerve, which runs from the shoulder down the arm to the hand. In advanced cases, carpal tunnel syndrome can make the simplest chore or activity impossible, such as gripping objects at work to folding laundry at home.

Carpal tunnel syndrome can occur in one wrist, or both (bilateral carpal tunnel). It affects workers in many industries such as meatpacking, grocery checkout, and assembly work. In nearly two decades of handling Minnesota Workers Compensation matters, attorney Tom Atkinson has found bilateral carpal tunnel syndrome to be especially prevalent among those whose work involves computers, repetitive gripping and grasping of work related parts/tools, fine manipulation, and work with vibratory tools.

Symptoms: In addition to pain, the symptoms of carpal tunnel syndrome include numbness and tingling in the hands. These symptoms are usually felt in the first three fingers and the base of the thumb. Often the pain and other symptoms are worse at night or during sleep.

The figure below shows the parts of the hand and wrist that are involved. Tendons of the fingers, blood vessels, and the median nerve all pass through what is called the carpal tunnel. The carpal tunnel is formed by the carpal ligament in the wrist. Swelling and steady irritation of the tendons that pass through the carpal tunnel create pressure on the median nerve.

Risk factors: The major causes of carpal tunnel syndrome are:

working with bent wrists;
a high rate of repetition using the hands;
vibratory tools;
a lack of rest for the hands and wrists; and
forceful hand motions.

All of these risk factors are not necessary to get carpal tunnel syndrome. For example, VDT operators get carpal tunnel syndrome even though modem computers only require a very light force to press the keys. The awkward posture, intense keying, and lack of rest periods are more than enough to cause problems.

Prevention: Carpal tunnel syndrome can be prevented by controlling the risk factors that cause the injury. This is done through the application of ergonomics.Ergonomics means changing the work to fit the worker, rather than making the worker try to fit the work. A comprehensive ergonomics program includes the following elements:

Engineering controls: This means providing equipment to reduce exposure to risk factors. For example, computer operators need to be able to adjust the height of their chair and/or keyboard in order to avoid having to bend their wrists while keying. Other examples include ergonomically designed hand tools that have angled handles that allow workers to keep their wrists straight while using the tools.
Administrative controls: This refers to the pace of work, breaks, other tasks that do not require repetitious hand and wrist movements, and other factors about work organization.
Medical management: The management of CTS requires that a correct diagnosis is made and proper medical treatment and follow-up is provided. Working conditions that expose workers to risk factors need to be eliminated or reduced as much as possible. Without such changes, injured workers will still be exposed to the very conditions that caused the problems in the first place, and will likely cause the workers to be injured again. Having injured workers wear wrist braces and then continue to work under the same conditions that caused their injuries is not acceptable or appropriate medical management.

Early and proper treatment is important for this condition. Treatment should start out conservatively with rest and physical therapy. Surgery should not be the first choice. The person's job may have to be redesigned to remove or reduce risk factors at work. Otherwise, the symptoms are likely to get worse and require surgery to relieve the pain.

Training: Workers and their managers need training about engineering controls, administrative measures, and medical management. Workers should know: how to recognize the signs and symptoms of CTS; who to report them to; how to adjust equipment; when to give their hands and wrists a rest from repetitious and/or forceful motions; and take other steps to prevent getting carpal tunnel syndrome.
Program Evaluation: The ergonomics program needs to be evaluated to find out if the number and severity of cases of carpal tunnel syndrome have been reduced. Accurate and complete records need to be kept in order to measure the effectiveness of the program.

If your have experienced bilateral carpel tunnel surgery in the past and were recently laid off OR you have any the symptoms decribed above I urge you to seek medical treatment immediately. If you do NOT have health insurance please contact me and we can discuss whether your employers workers compensation insurance should provide for your treatment. I may be reached directly by contacting me at 651-324-9514 (attorney Tom Atkinson) or through my web site www.mndisability.com The attorneys at Minnesota Disability are available to meet with you throughout Minnesota, seven days a week!

GET PROMPT MEDICAL TREATMENT WITH PROVIDER OF YOUR CHOICE

2009-04-12T10:31:00.000-05:00

An employee is entitled to payment of medical, psychological, chiropractic, and other treatment for a work-related condition. Minn. Stat. §176.135. This includes any treatment which is reasonable and necessary to cure and relieve the effects of a work injury.

Almost without exception, the injured worker has the absolute right to choose his or her treating doctor for a work injury. The employee can change doctors within 60 days after medical treatment has commenced, without getting the permission of the employer, insurer, or other interested parties. Minn. Rule Part 5221.0430, Subpart 2. After 60 days, the employee can change primary doctors, but only with the permission of the employer and insurer, or by seeking approval of the court. The rule provides that the employee may not change primary doctors if:

(a) A significant reason for the request is to block reasonable treatment or to avoid returning to work;

(b) The change is to develop litigation strategy rather than to pursue appropriate diagnosis and treatment;

(c) The provider lacks the expertise to treat the employee for the injury;

(d) The travel distance to obtain treatment is an unnecessary expense and the same care is available at a more reasonable location;

(e) At the time of the employee's request, no further treatment is needed; or

(f) For another reason, the request is not in the best interest of the employee and the employer.

In other words, even if the employee's initial treatment is at an emergency room or at an occupational medicine clinic favored by the employer, the employee can change doctors within 60 days. Choosing a qualified physician is important. A general orthopedic surgeon may not be you physician of choice if you have a complex hand injury. There are specialties within specialties and attorney Thomas Atkinson with Minnesota Disability can help you sort through this complex system.

Back & Neck Pain - Part II

2009-04-10T08:00:00.000-05:00

Facet Joints

Lumbar facet joint are small pairs of joints on the back side of the spine where the vertebrae meet. These joints provide stability to the spine by interlocking two adjacent vertebrae. Facet joints also allow the spine to bend forward (flexion), bend backward (extension), and twist.

Inflammation of facet joints can occur from injuries or from arthritis. Many times, particularly in the case of injuries, one may not see abnormalities on an x-ray or MRI.

Spinal Stenosis
The term lumbar stenosis refers to any narrowing of the spinal canal. There are many causes of spinal stenosis; the most common is degeneration of the spine, which occurs almost inevitably as a part of the aging process.

Several factors contribute to the narrowing of the spinal canal with degenerative changes. First, wear and tear causes the facet joint to enlarge into the spinal canal. Second, the major ligament of the spinal canal, the ligamentum flavum, undergoes hypertrophy (enlargement) and buckling. Third, the intervertebral discs may bulge backwards or herniate into the canal. Fourth, the vertebrae may slip forward in a condition called spondylolisthesis. Finally, these changes may be superimposed on a congenitally narrow canal.

The hallmark of lumbar stenosis is pain in the back and legs which is aggravated by standing and walking and relieved by sitting or forward bending. The syndrome of pain induced by walking is known as neurogenic claudication (from the Latin claudico, to limp). Neurogenic claudication must be distinguished from is vascular claudication, or leg pain on walking caused by insufficient blood flow to the legs. The features which help to distinguish neurogenic from vascular claudication are the following:

Pain occurs after varying amounts of exercise, with standing, or with coughing. Vascular claudication is reliably produced with a fixed amount of exercise, such as walking a certain number of blocks, and is rare at rest.
Pain relief with rest is variable and slow, usually requiring sitting or stooping. Resting in a standing position is usually not enough to relieve the pain and may even aggravate the pain. In contrast, the pain of vascular insufficiency is usually quickly relieved by resting in a standing position. This is the main distinguishing feature.
Pain from spinal stenosis is usually in a distribution of a spinal nerve rather than the muscles exercised.
Sensory loss is also in a nerve root distribution, while with vascular insufficiency it is in a stocking-glove distribution.
Signs of vascular insufficiency should be absent: diminished pulses, foot pallor on elevation, and decreased temperature of the feet.

Spondylolysis and Spondylolisthesis
The most common cause of low back pain in adolescent athletes is a stress fracture in one of the vertebrae that make up the spinal column. Technically, this condition is called spondylolysis (spon-dee-low-lye-sis). It usually affects either the fourth or the fifth lumbar vertebra in the lower back. The fracture site is called a pars defect.

If the stress fracture weakens the bone so much that it is unable to maintain its proper position, the top vertebrae can shift forward on top of the bottom vertebrae. This condition is called spondylolisthesis (spon-dee-low-lis-thee-sis).

In adults, a spondylolisthesis is usually caused from degenerative changes in the spine. If too much slippage occurs, the bones may begin to press on nerves and surgery may become necessary to correct the condition.

Causes

Genetics: There may be an inherited aspect to spondylolysis. An individual may be born with a thin vertebral bone and therefore may be predisposed to this condition. Rapid growth spurts in a teen may also encourage slippage.
Overuse: Several types of athletics, such as gymnastics, weight lifting and football, put a great deal of stress on the bones in the lower back. They also require that the individual constantly over-stretch (hyperextend) the spine. In either case, the excessive stress can lead to fractures of the vertebrae.
Spondylolisthesis may also develop because of degenerative changes in the vertebral joints and certain medical conditions such as cerebral palsy.

Sacroiliac Joints
The sacroiliac joint connects the sacrum (the triangular bone at the bottom of the spine) with the pelvis (iliac crest). The joint:

Transmits all the forces of the upper body to the pelvis (hips) and legs
Acts as a shock-absorbing structure
Does not have much motion

The sacroiliac joint can become inflamed from an acute injury or from chronic postural abnormalities such as undue stress on the joint following low back fusion surgery. Pain from sacroiliac joint abnormalities can occur in the low back, buttock/hip, abdomen, groin, or legs.

Ankylosing Spondylitis
Ankylosing spondylitis primarily affects the spine or back. In a person with ankylosing spondylitis, the joints and ligaments that normally permit the spine to move become inflamed and stiff. The bones of the spine may grow together, causing the spine to become rigid and inflexible. Other joints such as the hips, shoulders, knees, or ankles also may become involved.

Other rare causes of back pain include:

Benign or malignant tumors
Infections
Problems of the digestive tract or genitourinary tract
Vascular problems such as an aneurysm or hardening of the arteries

Back & Neck Pain - Part I

2009-04-08T08:00:00.001-05:00

Causes of back pain

Muscles/Ligaments

There are many causes of back pain, the most common of which is a sprain or strain of muscles or ligaments. Muscle spasm can occur after twisting or bending awkwardly, or from a simple sneeze or cough. The majority of muscle spasms tend to get better over time. Severe cases of muscle spasms are treated with medication, physical therapy, or injections.

Discs

Disc Degeneration
Disc problems are common causes of back pain. Discs are usually moist, like a sponge with water in it. After a disc injury, or as we age, discs lose water and deteriorate in a process called disc degeneration.

The earliest form of injury to a disc is in the form of tears or fissures in the annulus fibrosis (outer portion) of the disc. The annulus fibrosis is like a large round ligament that prevents the nucleus pulposus (inner portion) of the disc from pushing outward. Tears in the annulus heal by scar formation resulting in tissue that is not as strong as normal tissue. The repeated cycle of many annular tears healing by scar formation lead to a disc that begins to degenerate.

As a disc degenerates it becomes stiff, narrows, and losses it's ability to act as a shock absorber. Bone from the vertebrae above and below the disc may grow forming bone spurs. If bone spurs get large enough, they may cause pressure on nerves in the spinal canal, causing pain, numbness, and weakness in the arms or legs. The combination of disc degeneration and bone spur formation in the spine is called spondylosis. Any narrowing within the spinal canal, from bone spur formation or from any other cause is called spinal stenosis. Spondylosis or spinal stenosis can occur at any level in the spine-cervical, thoracic, or lumbar.

Bulging Disc, Protruding Disc, Herniated Disc, Extruded disc
Over time, because of injury or degeneration, discs start to change shape. Many terms describe this change in shape including bulging, protruding, herniated, prolapsed, slipped. They generally describe a disc that is displaced beyond the limits of the intervertebral disc space.

The earliest change in shape many times is in the form of a disc bulge-a wide based extension of the disc. Often, disc bulges do not cause pain. As the degenerative process progresses, the central, nucleus pulposus portion of the disc can extend through a tear in the outer annular wall of the disc, resulting in a focal protrusion or herniation of the disc. Disc protrusions can cause symptoms of pain, numbness, or weakness from nerve root pinching. In some individuals however, disc protrusions will not cause any symptoms. A disc extrusion is a severe version of a disc protrusion in which a large portion of the nucleus pulposus is displaced through the wall of the disc. A disc extrusion is almost always symptomatic.

Work Injuries Can Develop Slowly Over Weeks or Even Years

2009-04-07T08:00:00.002-05:00

Injuries are generally thought to be the result of a specific occurrence; i.e. you lift a heavy object at work and hurt your back. However, Minnesota workers’ compensation law recognizes that not all injuries occur as the result of a single incident. Some injuries are the result of a degenerative process caused by the physical stresses of particular jobs over a period of time. These injuries are referred to in workers’ compensation parlance as “repetitive minute trauma,” or “Gillette” injuries. Gillette injuries can develop over a few weeks or many years of trauma. Injuries can occur to just about any part of your body and both the employee and his/her treating doctor generally overlook the cause.

Gillette injuries are as compensable as injuries that occur as a result of a specific occurrence. Because of the nature of these injuries, however, the question arises as to the exact date of injury. This question is significant because generally it is the insurer covering you as of the “date of the injury” which is responsible for providing workers’ compensation benefits. The general rule holds that a Gillette injury has not occurred, or “culminated,” until the employee has either lost time from work or required a change of duties because of his or her physical condition. It should be noted, however, that there are frequent exceptions to this rule depending upon the facts of each individual case.

If you feel you may have sustained an injury over time as described above, please contact attorney Thomas Atkinson at MN Disability and we can examine your work history along with you doctor to investigate the possibility of an overlooked work injury. Mr. Atkinson sees clients throughout Minnesota and the Twin Cities seven days a week and you can generally reach him in person by calling his office at 651-324-9514. You can also visit his web site www.mndisability.com

I Just Received a Notice of Intent to Discontinue Benefits in the Mail. What should I do now?

2009-04-05T08:00:00.002-05:00

I was reminded about the importance of having an attorney review Notices of Intent to Discontinue benefits (NOIDs) after meeting with a new client this afternoon. An attorney who has been handling workers compensation cases as long as myself can look at a NOID and usually find a deficiency or mistake that can help avoid the IMMEDIATE cessation of benefits. If you receive wage loss benefits YOU WILL RECEIVE A NOID at some point in your claim if the insurer is compliant with Minnesota’s Workers Compensation Laws.

When you receive a Notice of Intent to Discontinue Benefits (NOID), you should probably contact an attorney to simply have them review it to ensure you don’t have any defenses. At MN Disability, attorney Tom Atkinson will review your NOID for FREE! The Notice of Intent to Discontinue benefits should be sent to you by mail, along with any supporting documents with which they are relying to stop you benefit payments. The document must also state in clear and concise language the basis for which they intend to discontinue your wage loss benefits.

Insurers often attempt to discontinue temporary total and temporary partial disability benefits for a variety of reasons. The most usual reasons are: reaching Maximum Medical Improvement, your return to work at full or reduced wages, release from work restrictions, or failure to cooperate with rehabilitation efforts. As in the case with my client today, the insurance company’s basis to discontinue benefits was improper on its face. In this instance the medical information referenced in the NOID was not attached by the inexperienced out of state claims handler. This error was compounded by other errors that will allow for additional defenses in the future.

As with most employee’s, you will receive no warning of the receipt of Notice of Intent to Discontinue your benefits. You simply find a letter from your workers compensation insurer along with a two page NOID with a sentence or two attempting to explain why your benefits are terminated. You have a right to immediately object to discontinuance. Though there are some exceptions, if you are not represented, you should IMMEDIATELY call the Minnesota Department of Labor and Industry at 1-800-342-5354 to object by telephone. Next, immediately contact an attorney to review the Notice of Intention to Discontinue benefits. If you do not prevail at the conference, it is a long road to appeal the decision and have the matter heard by a workers compensation judge. Though the time frame can vary, if you do not appeal the NOID within 12 days, you will need to retain an attorney to file an Objection to Discontinue benefits or file a Claim Petition.

Failure to object to a Notice of Intent to Discontinue Benefits can significantly delay your receipt of temporary total or temporary partial disability benefits. I strongly urge you take allow an attorney to provide a FREE review of your NOID to discuss options to the termination of you benefits. Attorney Tom Atkinson with MN Disability will directly take your call at 651-324-9514 EVERY DAY of the week. Don’t wait until Monday morning, call him today.

Temporary Partial Disability Wage Loss Benefits (TPD)

2009-04-04T07:00:00.003-05:00

Temporary partial disability (TPD) is a wage-loss benefit payable to employees who are back to work, but earning less than their pre-injury gross weekly wage. It is payable at two-thirds of the difference between what the employee earned at the time of the injury and the current earnings. The benefits are payable only if the employee is employed. Be careful not to confuse "not being employed" with "being employed, but on vacation." If an employee who is collecting TPD takes one week of vacation, the employee is still employed and TPD should be paid for that week at an average weekly rate. TPD benefits can be paid concurrently with permanent partial disability (PPD).

Over the years, the laws regarding entitlement to TPD benefits have changed dramatically. Your injury may have included limitations on the duration of TPD benefits. It is important to remember that the date of injury controls many your rights to workers compensation benefits, so any potential limitations in effect on the date of the injury, may affect the length of payment of TPD. Just because a friend or neighbor is receiving a particular amount for a certain duration doesn’t mean you are limited or entitled to the same amount. That is why it is important to contact attorney Tom Atkinson and MN Disability to discuss your case today at 651-324-9514.

For injuries occurring on or after Oct. 1, 1992

TPD is limited to 225 weeks of paid benefits or 450 weeks after the date of injury, whichever occurs first. All periods of TPD for that date of injury are counted toward these limitations, except benefits paid during an approved training plan.

For injuries occurring on or after Oct. 1, 1995

176.101 Compensation Schedule (1995) Subd. 2. Temporary partial disability.
(a) In all cases of temporary partial disability the compensation shall be 66-2/3 percent of the difference between the weekly wage of the employee at the time of injury and the wage the employee is able to earn in the employee's partially disabled condition. This compensation shall be paid during the period of disability except as provided in this section, payment to be made at the intervals when the wage was payable, as nearly as may be, and subject to the maximum rate for temporary total compensation.
(b) Temporary partial compensation may be paid only while the employee is employed, earning less than the employee's weekly wage at the time of the injury, and the reduced wage the employee is able to earn in the employee's partially disabled condition is due to the injury. Except as provided in section 176.102, subdivision 11, paragraph (b) and (c), temporary partial compensation may not be paid for more than 225 weeks, or after 450 weeks after the date of injury, whichever occurs first.
(c) Temporary partial compensation must be reduced to the extent that the wage the employee is able to earn in the employee's partially disabled condition plus the temporary partial disability payment otherwise payable under this subdivision exceeds 500 percent of the statewide average weekly wage.

Calculation of Average Weekly Wage (AWW)

As you can see from the statutory language, calculating your benefit amount can be very confusing. However, below is an example that may make it easier for you to understand.

For example, an employee earning $500 a week at the time of the injury is now earning $200 a week. The wage loss is $300 a week and the unadjusted TPD is two-thirds of that, or $200 a week. The $200 is multiplied by any annual adjustments that would apply.
Minnesota’s Workers’ Compensation laws are difficult for lawyers who dabble in workers compensation on occasion as a small part of their practice so it should be no surprise that it is difficult for the injured worker to understand. We can review you existing receipt of workers compensation benefits to ensure you are receiving the correct amounts. Minor mistakes by the insurance adjuster, such as improper calculation of your average weekly wage, can dramatically affect the amount of your benefits.

At MN Disability & Atkinson Law Offices representing injured and disabled workers is ALL we do. We don’t handle slips and falls, write wills or work on family law matters. We have chosen to focus on one area of the law for nearly two decades and that is why his peers have recognized Tom Atkinson as a Super Lawyer! Call 651-324-9514 or tom@mndisability.com

I've Been Injured At Work; Who Pays For My Medical Treatment?

2009-04-03T07:51:00.003-05:00

I’ve been injured at work, who pays for my medical treatment?

NOT YOU! If the workers compensation carrier accepts your claim, ALL reasonable and necessary health care treatment related to your work injury must be paid. Unlike most health care plans, there are no deductibles or prepays involved. Fortunately, with few exceptions, you are entitled to choose your own doctor or health care provider to assist you in your recovery.

These are important facts to keep in mind:
1. Prescriptions and reimbursement for mileage to medical appointments are also payable;
2. The insurer may designate a pharmacy or pharmacies that you must use to obtain medicine for your injury, if the pharmacy is within 15 miles of your home;
3. You may choose your own health care provider under most circumstances; Be sure to advise you doctor or medical provider you are treating for a workers compensation injury and to be sure they sends all bills and supporting information to the insurer. The supporting information must explain how the treatments and charges relate to your work injury;
4. Your health care provider must notify the insurer before you have any surgery or hospitalizations, except in an emergency. You or the insurer may ask for a second opinion for any surgery that is not an emergency. The insurer must pay for the second opinion. You cannot be forced to have surgery if you do not want it;
5. Treatment by certain unlicensed complementary and alternative health care providers is not paid. This does NOT apply to chiropractic treatment. In Minnesota, the employer and insurer must provide up to 12 weeks of reasonable and necessary Chiropractic treatment.

What if my employer has a managed care plan?

Most employers do NOT participate in a workers’ compensation certified managed care plan. A certified managed care plan is an organization that has been certified by the state to manage health care for injured workers. Your employer must tell you if you are covered by a certified managed care plan. Some employers or insurers have contracted with a managed care plan or network of doctors who are not certified by the department. You are not required to receive treatment from a doctor in a plan or network that is not certified. If you are NOT required to participate in a managed care plan, you are strongly urged to obtain medical treatment with your regular doctor or clinic unless it is a medical emergency!
At MN Disability & Atkinson Law Offices representing injured and disabled workers is ALL we do. We don’t handle slips and falls, write wills or work on family law matters. We have chosen to focus on one area of the law for nearly two decades and that is why his peers have recognized Tom Atkinson as a Super Lawyer! www.mndisability.com

Layoff of Employees with Minnesota Workers Compensations Injuries

2009-04-02T06:53:00.008-05:00

In the first two months of this year, Minnesota lost 24,000 jobs across a multitude of areas including professional, manufacturing and government. It is important to remember that a lay off does NOT relieve an employer’s obligation to continue providing ongoing workers compensation benefits to an injured worker. What many Minnesotans don’t realize is that aside from unemployment benefits, they may be entitled to substantial workers compensation benefits for ongoing workers compensation injuries. These benefits could include wage loss benefits AND retraining. Minnesota’s Workers’ Compensation law permits laid-off workers to receive wage loss benefits, if a work injury affects their ability to find employment after being laid off. This is often not a very difficult burden to establish given this down economy. Unfortunately, injured workers are sometimes the first employees laid off by an employer despite claims otherwise.

Who is qualified for rehabilitation benefits?

A "qualified employee" entitled to receive rehabilitation services. Minnesota Rule 5220.0100(22) defines "qualified employee" as: An employee who, because of the effects of a work-related injury or disease, whether or not combined with the effects of a prior injury or disability:

A. Is permanently precluded or is likely to be permanently precluded from engaging in the employee's usual and customary occupation or from engaging in the job the individual held at the time of injury;

B. Cannot reasonably be expected to return to suitable gainful employment with the date-of-injury employer; and

C. Can reasonably be expected to return to suitable gainful employment through the provision of rehabilitation services considering the treating physician's opinion of the employee's work ability.

I’ve been laid off, now what do I do?

First, file for unemployment IMMEDIATELY. If you are not receiving workers compensation benefits at the time of layoff or are unsure about your eligibility, I encourage you to apply for unemployment. If you are later found eligible for unemployment, your receipt of workers’ compensation benefits will offset your unemployment benefit. Unlike unemployment, however, your workers compensation wage loss benefits are generally TAX FREE. You can apply online or by telephone by contacting the State of Minnesota through their web site www.uimn.org/ui/

Next contact our office and we will assist you in obtaining a copy of your employment and workers compensation files. With nearly two decades of experience handling cases involving injured worker, Thomas Atkinson and MN Disability can help explain whether your old or current injuries entitle you to rehabilitation benefits or a many other Minnesota Workers Compensation benefits. If you are found to be “qualified” you may be entitled to the assistance of a Qualified Rehabilitation Consultant who will act on YOUR behalf to help you find a new job or seek retraining opportunities. Injured workers entitled to rehabilitation benefits are often entitled to full-time wage loss benefits in the form of temporary total disability as well. If you have already found a new part-time or full time job you may still be entitled to rehabilitation assistance and other wage replacement benefits such as temporary partial disability benefits.

Remember that a lay off does NOT relieve an employer's obligation to continue providing ongoing workers' compensation benefits to an injured worker. If you suffer from the effects of a current or old workers compensation injury, and you have been laid off, call attorney Tom Atkinson at MN Disability TODAY for a free consultation. With nearly two decades of experience practicing in ONLY workers compensation, we know how to navigate the work comp maze. We have evening and weekend appointments open throughout Minnesota. tom@mndisability.com or 651-324-9514.

Welcome to MN Disability's Minnesota Workers Compensation Blog

2009-04-01T22:19:00.003-05:00

Minnesota Disability was founded with the sole goal to represent disabled and injured individuals living in Minnesota and Western Wisconsin. When Minnesota Disability represents a client we take charge and prepare all the proper forms, file the necessary papers, obtain the medical and vocational evidence necessary to support your claim, and aggressively pursue a favorable decision as our only objective. We have decades of experience in handling workers compensation cases from the administrative decision level up to the Minnesota Supreme Court. We also represent individuals who are may be qualified to receive disability benefits from the United States Social Security Administration. In many of our Social Security cases, our clients never have to go to the Social Security office.

We are not a general practice law firm; we focus on representing individuals in Social Security Disability and Minnesota Workers Compensation matters. By limiting our practice to workers compensation and social security disability, Minnesota Disability will provide you with an experienced and focused approached to your issues. Minnesota Disability provides better service than general law firms or non-attorney disability groups. We don’t draft a will in the morning and fight traffics ticket in the afternoon. We are licensed attorneys that do one thing; represent injured and disabled individuals. We know disability and we want to represent you.

Thomas Atkinson

Attorney Tom Atkinson has nearly 2 decades of experience in handling workers compensation disability matters. Tom brings a unique experience to his practice in previously representing employers and insurers in his practice AND having personally fought with these same insurance companies to obtain workers compensation benefits for himself. This experience transformed his thinking. He understands the fear that comes when bringing a claim against one’s employer as well the frustration in dealing with a system that can appear stacked against the injured worker. Though Tom’s practice is now limited to representing the injured worker, he understands the “tricks” and tactics used by insurers and can use these experiences to your benefit. Tom runs a very efficient practice that allows personal attention to your matter. He is willing to meet with you anywhere in the metro or you can meet at his downtown St. Paul location. You may contact Tom at 651-324-9514 or tom@mndisability.com Also see our website at www.mndisability.com