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

You Just Suffered A Work Related Rotator Cuff Injury. What Should You Do Now?

There are many different types of shoulder injuries but as with all injuries, you need to report your injury to your supervisor or manager immediately.  Then seek medical attention and PLEASE for your sake tell everyone you see at the hospital or clinic how the injury happened at work.  Document, document, document! If you are given work restrictions, save a copy for yourself and give a copy to your employer. 

There are three common shoulder injuries; rotator cuff, tendonitis and dislocation.  This article will deal with rotator cuff tears.


Rotator Cuff Tear

The rotator cuff is made of muscles and tendons that hold the shoulder in place.  A rotator cuff injury, such as a tear, may happen suddenly such as when falling onto an outstretched arm or develop over time with repetitive activities.  The later is referred to as a Gillette injury in Minnesota.  Both of these claims are compensable Minnesota workers compensation injuries.

There are many common symptoms of a rotator cuff tear though injured workers may experience symptoms differently.  The most customary symptoms often include:

• recurring pain especially with common activities
• difficulty sleeping on the injured side due to pain
• grating or cracking sounds with movement of the arm
• difficulty moving your arm
• noticeable arm weakness

If you have sustained a work related rotator cuff tear or injury contact Atkinson Law Office and Minnesota Disability immediately.  We can advise you of your rights for FREE.  You have the right to wage replacement, you can choose your own doctor, you are entitled to wage loss benefits, and more.  For your free consultation call 651-333-3636 today.  We represent clients across the entire state of Minnesota and those outside of our state who suffered injuries while working for Minnesota employers.

I Had A Minnesota Work Related Back and Neck Injury, What Do I Tell My Doctor?

This article is prompted by a phone call I received this afternoon from an existing client with a hand injury who now sustained a more serious back injury a year later.  She was concerned about filing "another work injury" and is hoping her back gets better and she doesn't want to report it to work despite missing a week of work.

She is well intentioned but is making an enormous mistake that I have seen countless times.  If you have a work injury that results in lost time from work or you need to seek medical care then you MUST report it.  It's the law.  Your employer must complete a First Report of Injury because that's the law.  Why is this the law?  To protect YOU the injured worker when the employer later tries to deny the injury or minimize it.  It's true that most back injuries resolve shortly after the incident on there own with simple rest, ice, and core strengthening.  But there are times when it doesn't and this action or inaction will greatly hurt your chances for fair treatment by the employer, insurance company and adverse doctors.

When you first see your health care provider, you will be asked questions about your back pain, including how severe it is, how it happened and where it happened.  Tell the doctor clearly and repeatedly where it happened and how it happened. 

Your doctor or chiropractor will try to determine the cause of your back pain and how to best treat it.  The pain will likely get better with simple measures such as ice, medication, physical therapy, and  exercises.  However, some symptoms such as radicular pain down your arms or legs can be immediate signs of a far more serious injury.  Your doctor may order an X-ray, CT Scan, MRI or an EMG to rule out a more serious injury.  This is an excellent time to call a lawyer for a free consultation. 

Please, if you have sustained a neck or back injury at work, tell your supervisor and then see a doctor.  Don't assume your doctor knows you had a work injury.  Tell them directly, don't assume the nurse or intake assistant clearly advised them of the nature of your injury.  Be your own advocate.

If you have sustained a Minnesota work related injury contact attorney Tom Atkinson or Kerry Atkinson today.  Atkinson Law Office and Minnesota Disability have a staff dedicated to assisting Minnesota work injuries.  Kerry and Tom have been working with Minnesota work injuries for over 20 years.  Both Tom and Kerry formerly represented employers and insurers but now only represent employees!  We are waiting to share the secrets they have learned to assist you to win your case.  There is never a fee collected to meet with them nor a fee paid unless there is a recovery.  Your initial consultation is always free as well.  Call today 651-333-3636 and visit our website www.mndisability.com 

Falling Concrete Killed Excavation Worker at New St. Paul Ballpark Site.

Though I often Blog about work injuries, occasionally their are horrific tragedy such as todays death of a union heavy equipment operator in St. Paul.  As reported in the Minneapolis StarTribune today,

"A worker sitting in the cab of a backhoe was killed Tuesday morning when concrete fell on him during demolition at the site of a new ballpark in St. Paul a construction executive said.

The death of John Valek, 61, of Plymouth, occurred about 8 a.m. while he and others were tearing down and clearing the site of the old Gillette/Diamond Products building, a former 650,000-square-foot factory in Lowertown St. Paul.

“As heavy equipment operators were demolishing a building, a portion of the concrete structure supporting the building fell onto the cab of one of the backhoes involved in the demolition work,” Collin Barr, president of the Midwest region for general contractor Ryan Cos. said in a statement issued about 8 hours after the incident. “The accident resulted in the death of Johnny Valek.”

Excavation began in July at the site in the 300 block of 5th Street, near Interstate 94 and Hwy. 52, and was slated to last four months.

Fire Marshal Steve Zaccard described Valek’s death as sudden and came when he was hit by a piece of concrete measuring roughly 10 feet by 30 feet.  The excavation work was being done by Rachel Contracting, of St. Michael, Minn. Executives with the subcontractor were not immediately available to comment.

Randy Valek said his brother had more than 25 years of experience in construction. He said his brother had recently talked about what a tough job this demolition was.

“You got to watch out any time you’re around any equipment,” Randy Valek said.

At Atkinson Law Office we have handle many such death cases.  One would think that these cases are straightforward, but often issues arise as to dependency benefits, spousal retraining benefits, and death benefits.  If you or a loved one sustains a work related injury, one of our very experience lawyers is waiting to assist you.  Call today at 651-333-3636 or visit us at www.mndisability.com 

Minnesota Workers Compensation Injuries Can Result in Chronic Pain, RSD, and CRPS

When I began assisting injured workers over 20 years ago at the start of my career, I had never heard of the terms complex regional pain syndrome (CRPS).  Sure we encountered clients with unusual pain patterns that had the peculiar tendency to move, but little was known about this as a stand alone disease.  This condition was not treated as a disease, but rather a symptom.  In fact, many doctors still treat CRPS as a symptom rather than the illness it is recognized today.  CRPS is a highly painful, limb-confined condition, which arises usually after trauma. It is associated with a particularly poor quality of life, and large health care costs. The causes of CRPS remain virtually unknown but is usually referred to as an immunodisorder or one's body's reaction to trauma that is extreme.   The condition's distinct combination of abnormalities includes limb-confined inflammation and tissue hypoxia, sympathetic dysregulation, small fiber damage, serum auto antibodies, central sensitization and cortical reorganization. These features place CRPS at a crossroads of interests of several disciplines including rheumatology, pain medicine and neurology.  As such it's often difficult to diagnose, treat and manage.

Significant scientific and clinical advances over the past 10 years hold promise both for an improved understanding of the causes of CRPS, and for more effective treatments.  The treatment of CRPS is multidisciplinary and aims to educate about the condition, sustain or restore limb function, reduce pain and provide psychological intervention.  Unfortunately most majo
r cities, including those in Minnesota have a very limited number of experts willing to actively treat and manage CRPS.  However, results from recent randomized controlled trials suggest that it is possible that some patients whose condition was considered refractory in the past can now be effectively treated, but confirmatory trials are required.

At Atkinson Law Office and Minnesota Disability we have represented and currently represent many clients with diagnosed CRPS.  We are familiar with the medical experts in Minnesota and are often helpful in guiding injured workers to referrals to said physicians and clinics possessing expertise in CRPS.  If you have a work related injury and would like a FREE consultation (yes it is absolutely free), please call us today at 651-333-3636.  We represent injured workers across Minnesota and those injured while working for Minnesota employers across the country.  We have a team of professionals with unparallelled experience, most with literally decades of experience in workers compensation both as injured workers themselves.  At Minnesota Disability and Atkinson Law Office we are ready to assist you today.

Minnesota Department of Labor and Industry Workers Compensation Office

The Minnesota Department of Labor and Industry in St. Paul Minnesota does many things to assist employers and employees throughout our state.  One of their biggest functions is assisting employers and employees who have sustained workers compensation injuries.  The office does NOT and can NOT represent injured workers.  Keep in mind that the DOLI help desk employees give advice to employers, insurance companies AND employees, and are not bound by attorney client privilege.   In fact, some of those with whom you speak to might not even be attorneys.

If you need legal advice I strongly urge you to contact an experienced workers compensation attorney first.  A private workers compensation attorney will give you excellent advice free of charge.  The Minnesota Department of Labor has an excellent and important role in assisting injured workers.  However, providing legal advise is not one that I support nor recommend for most injured workers.

If you have been injured please call a licensed and experienced workers compensation attorney immediately.  You can find them through the Minnesota State Bar Association, Minnesota Association for Justice and at fine law offices such as Atkinson Law Office and Minnesota Disability.  We offer free consultations at no charge by simply calling 651-333-3636.

What Is A Qualified Rehabilitation Counselor QRC And How Do I Get One?

What is a QRC?  Qualified Rehabilitation Consultants, also known as a QRCs, are licensed by the state of Minnesota to provide vocational rehabilitation services to injured workers.   You are told that QRC’s are supposed to work in the interests of both the employee and the employer, but you will find that many QRC’s are not truly “independent.”

Most injured workers have an insurance company assigned QRC.  Usually everything starts out fine.  However, the longer you are off of work the sooner you will begin to notice Dr. Jekyll turn into Mr. Hyde.  The QRC will begin pushing the doctor to lessen your restrictions or you will notice the QRC linger in the doctors office after your appointment in order to ask a question they "forgot".   The insurance-company-assigned QRC is not going to be looking out for your interests and by the time you figure it out, it's usually too late. Even if you’ve met with a QRC the insurance company assigned to you, and you’ve signed a Rehabilitation Plan (R-2) in Minnesota, you have the right to change QRC’s within 60 days without obtaining approval from the insurance company and you don't need a reason.

If your QRC is minimizing your injuries, miscommunicating your symptoms and complaints to the doctor, if you feel like your QRC is pushing your doctor to return you to work too early, or if you feel like your QRC is pressuring your doctor to decrease or remove your restrictions,  call attorney Thomas Atkinson TODAY.  Every day matters and the sooner you call the sooner we can assist you in getting you a fair and helpful QRC. 

Unfortunately, after 60 days have passed, it can difficult to change QRC’s but it can be done.   The lawyers at Atkinson Law Office and Minnesota Disability have helped hundreds of clients obtain a QRC to properly assist them in their recovery from injury, return to work, or if necessary develop retraining plans.  There is never a fee unless we recover benefits for you and your consultation is absolutely FREE.  Call today at 651-333-3636 or visit our website www.mndisability.com