But My Minnesota Work Comp Case Is Closed. Usually You Are Wrong!

You know the saying, "if I had a nickel for every time..." someone called thinking their Minnesota workers compensation case was closed I would be a rich man. 

Here are the facts; in Minnesota a workers compensation judge MUST approve any settlement entered into between an insurance company and an injured worker.  If you have never had an attorney it's very unlikely your case is really "closed".  More likely, the insurance adjuster paid your permanent partial disability and closed your case.  In some cases, even though you had an attorney assisting with your claim, your case may also still be open! 

At Atkinson Law Office, we have reopened hundreds of these "closed" cases over the years.  In one instance recently we recovered an additional $200,000 in workers compensation benefits.  The client was astounded and frankly so were we.  How did this happen you may ask?  We were assisting a client with a social security disability application.  In preparing for the application we learned that one of his past back surgeries was work related.  He assumed that because he had an attorney and received a lump sum from the insurance company his case was closed. 

We conducted an investigation and within 2 weeks we learned he never actually settled his work comp case and all of his benefits remained open.  What he thought was a settlement was actually payment of permanent partial disability.  We subsequently filed a claim for permanent total disability arguing successfully that his prior work related back injury was substantially contributing to his inability to work.

Injured workers are entitled to wage loss, vocational assistance, medical benefits and permanent partial disability.  Though we don't have "pain and suffering" we are a no-fault benefit system.  Even if you could be deemed negligent in causing or contributing to your injury you are entitled to full compensation under Minnesota workers compensation laws. 

If you have a new or old workers compensation case, we would be happy to review your file and help you learn about missing benefits and compensation.  Call us at 651-333-3636 and visit our website www.mndisability.com . We have represented thousands of clients throughout Minnesota and across the United States who have sustained Minnesota workers compensation injuries.

Has Your Doctor Recommended An Artificial Lumbar Or Cervical Disc For Your Minnesota Workers Compensation Injury?

Having undergone multiple spine surgeries myself, the use of artificial discs in the area of Minnesota workers compensation cases is more than a professional interest for me...it's personal.  I have had multiple cervical and lumbar spine surgeries over the course of 30 years.  During that time, there was no such thing as an artificial disc being used her in Minnesota.  

Over the last decade multiple companies have used a form of artificial disc for both lumbar and cervical surgeries.  What they have learned and I have experienced with or clients, is that they often don't work in the lumbar spine but have been extraordinary successful in the cervical spine.  If you think about it, there is far less weight and stressors on the neck in comparison to the low back.  One of the struggles with a lumbar artificial disc is described in a recent Minnesota Workers Compensation Court of Appeals case I handled.   Our client had an unsuccessful artificial lumbar disc surgery which resulted in him being permanently and totally disabled.  If you would like to read about our victory and the case follow this link.

The Mobi C is the most popular and in my opinion the most successful artificial disc being used today in cervical spine surgeries.  I have spoken on this topic at seminars with a few surgeons in Minnesota including Drs. Mary Dunn and Nick Will (one is a neurosurgeon and the other is an orthopedic surgeon) and they both speak very highly of the Mobi C.  I have had dozens of clients use the Mobi C in the cervical spine and so far, they have experienced excellent results.  Though there is always a risk involving any surgery there seems to be less complications with the Mobi C then in a normal cervical fusion.  Clients have experienced greater neck flexibility, less chance of infection and faster recovery times over a standard fusion.  Below is a video which describes the procedure and the device.

If you have sustained a Minnesota Workers Compensation Injury you should always speak to an experienced workers compensation expert.  You may believe, incorrectly, that everything is being paid properly and you are getting the maximum benefit.  Well, that's rarely the case.  We offer absolutely FREE and no pressure phone or in person meetings to discuss your injury.  We are one of Minnesota's largest and most successful workers compensation law firms.  All of our lawyers have been recognized by our peers and judges as Superlawyers, we have recovered millions of dollars in benefits for our clients every year, and we achieve larger settlements than most firms because the insurance companies know the lawyers at Atkinson Law Office have tried hundreds of cases to hearing and aren't afraid to fight when necessary.  Our phones are answered 24 hours/day, call today 651-333-3636.  We represent Minnesota workers who have have been injured across the entire state and throughout the Unites States.  Atkinson Law Office; we are Minnesota's number one workers compensation law firm.

Does It Matter Who I See For A Minneapolis Workers Compensation Shoulder Injury?

I've had the opportunity to work with dozens of orthopedic shoulder surgeons across Minnesota but there are some that stand out above the rest.  Hands down my favorite group is the team of shoulder specialists with Sports and Orthopedic Specialists.  I don't have any personal or professional relationship with these surgeons other than the recognition that if my family members needed a shoulder surgery this is the first place I would call.  They are all excellent.

Aren't all surgeons the same you ask?  Well...Not really.  They might all be bright, excellent students in medical school with a commanding understanding of shoulder anatomy but good hands and good judgement are not universal.  Recently I had a former client who sustained an admitted shoulder injury with a new employer.  He was in a huge hurry to get the much needed surgery completed and back to work.  He saw two surgeons; Dr. Michael Freehill with Sports and Orthopedics and another ortho who shall go unnamed.  Dr. Freehill was about 4 weeks out for surgery but the other ortho could operate within the week.  I implored my client to wait but he was a bit head strong and insisted on the unknown ortho.  Today is nearly 6 months following a surgery where the typical expected recovery should have been 3-4 months tops...my client is still nowhere near recovered.  I have bitten my tongue (and he knows I have) but he is returning to see Dr. Freehill to see whether he can help diagnose what went wrong.  Lesson learned the hard way.

Just as it's incredibly important to hire an experienced Minnesota workers compensation expert, it's also incredibility important to treat with the best doctor for your particular injury.  You sustained a Minnesota workers compensation injury...in most instances YOU choose with whom you treat with not the insurance company or employer. Don't necessarily ask your family doctor, ask you friends, relatives and lawyers who have first hand experience with treatment.  I'm always happy to give free advice as well.  Like lawyers, doctors are not all equal!  NOT EQUAL.  Feel free to call me directly; Thomas Atkinson with Atkinson Law Office.  651--333-3636

New legislation affecting permanent total disability workers compensation claims

The new law applies to:

• Injured workers with dates of injury before August 13, 2014 (or their dependents and legal heirs) whose permanent total disability (PTD) benefits were offset by government retirement benefits other than Social Security; and
• Payers that reduced PTD benefits by the injured worker’s non-Social Security government retirement benefits before August 13, 2014.

The new law does not apply to:

• Injured workers whose last PTD benefits were paid before January 1, 2000;
• Dependents and legal heirs of deceased injured workers who died before January 1, 2008; and
• Injured workers where a court allowed the retirement offset, or where a court-approved stipulation for settlement explicitly allowed the retirement offset or closed out all workers’ compensation benefits. (However, the new law does not prevent non-covered injured workers, dependents and legal heirs from pursuing claims for additional PTD benefits based on the decisions.)

•  above;
• is subject to litigation brought by injured workers for additional PTD benefits owed; and
• is subject to penalties assessed by DLI or a compensation judge (depending on the facts) based on the court decisions.

If you or a family member received government disability benefits and made a claim for permanent total disability benefits under the Minnesota Workers Compensation Act, contact the attorneys of Atkinson Law Office immediately to determine whether you have benefits coming to you on your loved one.  The amounts due are often very large and we can help you navigate the claim.  Call 651-333-3636 or visit us at www.mndisability.com today.  

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

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

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

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

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

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

Can I Be Fired For Reporting A Workers Compensation Injury?

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

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

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

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

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

Atkinson Law Office Welcomes Dana Gerber As Our Newest Attorney.

One of the areas that distinguishes the attorneys of Atkinson Law Office from all other Minnesota workers compensation firms is that we are former insurance company lawyers.  Our lawyers have over 60 years of combined legal experience.  Our lead investigator is a former workers compensation claims adjuster who specialized in construction injuries for over a decade. Some of our staff have sustained significant work injuries necessitating multiple surgeries just like you.  Now Atkinson Law uses these experiences and secrets we learned from the insurance companies and as injured workers to obtain the very best outcomes for our clients.

Our newest attorney, Dana Gerber, began her career representing injured workers while working for a firm that specialized in predominantly hispanic and latino clients.  Dana is fluent in Spanish and used her language and advocacy skills to obtain very satisfactory outcomes for her clients.  Dana left a few years later after being offered an opportunity to work with a highly regarded insurance defense firm where she could continue to grow her experiences and knowledge of Minnesota workers compensation. After nearly 5 years Dana missed the satisfaction that comes with representing injured workers rather than insurance companies.  Dana wanted to return to her roots as an advocate for injured workers like you.

Since joining our team Dana has quickly distinguished herself as a zealous advocate and successful trial lawyer.  Dana has quickly begun using the insurance company secrets she learned as a defense attorney with enormous benefits for our clients.  Dana has obtained numerous settlements including a recent settlement of nearly $150,000 and has tried many workers compensation cases on behalf of injured workers.  We are astonished but not surprised by her zealous and thoughtful approach to representing injured workers.  We are lucky to have her as a member of our team and we look forward to having her work with injured workers across Minnesota.

If you have been injured and want to speak to Dana regarding your work injury you can contact her directly at 651-333-3636 or email her at dana@mndisability.com  There is NEVER a fee for a consultation and you will never be billed for our services.  We represent injured workers on a contingent fee basis only.  We get paid by the insurance companies if we obtain benefits on your behalf.

I Hurt My Shoulder At Work. My Employer Won't Report My Injury What Should I Do?

It's not uncommon for our office to receive a call from an individual who has been performing repetitive over head work for days, weeks, or even years and has started to complain of shoulder pain. Though this symptom can be a sign of a cervical disc injury, more often then not this is the start of a rotator cuff injury.  We see workers who have either specific accident related injuries or those who have developed "Gillette" injuries to their shoulders.  Gillette injuries are what we call work related repetitive stress injuries here in Minnesota.  Often these are diagnosed as rotator cuff injuries.

Rotator cuff injuries are very common work related injuries in Minnesota.  I have handled well over 200 such injury claims in the last 25 years as a Minnesota workers compensation expert.  A rotator cuff is made of muscles and tendons whose function is to hold your shoulder in place.  It is without question one of the most important parts of your shoulder. The rotator cuff enables you to lift your arms up and reach above your head.  The most common Minnesota work related injuries we see are due to repetitive activities or traumatic tears as the result of falls onto outstretched arms or hands.

A rotator cuff injury can be a strain, partial thickness tear or even a full thickness tear.  The treatment can range from physical therapy to arthroscopic (microscopic/camera guided) surgery.  In some extreme cases there is an open reduction (much larger incision) made to better repair the torn rotator cuff.

Recovery can last weeks or months.  During this time you may be able to return to light duty at reduced hours.  In some cases you will be completely off of work.  If you lose time from work, our attorneys can assist you in recovering lost wages for part or all of the time you are off.  If you surgery has been denied or the workers compensation carrier seems to be dragging their feet we can assist in getting you the surgery you need in an expedite manner in many cases.  Contact the workers compensation experts as Atkinson Law Office today for an absolutely free, no hassle consultation.  Our phones are answered 24/7.  Call today for a free consultation 651-333-3636 from the Twin Cities or throughout the entire state of Minnesota.  Visit us at www.mndisability.com as well.