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

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.

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".

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 do take all calls.

How Do I Choose A Minnesota Workers Compensation Attorney?

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?

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

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.

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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?

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