I Suffered A Work Injury And Now I Need Surgery. What Should I Do?

Though I'm a workers compensation attorney first and foremost, I also consider myself an advocate for informed health care decisions. Following my own work injury many years ago, I have undergone multiple back surgeries over the years (knock on wood I'm doing very well). Because of the same, injured workers are often drawn to me for this very reason. I can relate to what they are going through when making informed decisions about whether to proceed with a surgery. This brings me to surgeries performed on older injured workers. I share this story as another resource (click here)  in the decisions you make. If you are an injured worker and a surgeon has recommended surgery, never be afraid to seek a second opinion.  You get one chance at this decision!  Inform and educate yourself to make the best decision for you and your family.  

Will A Work Comp Claim Create An Adversarial Relationship With My Employer?

Unlike a car accident or a dog bite, when you have a work related injury the claim is brought against your employer.  There is a fear that "suing" your employer will result in your termination or other forms of retaliation.  Is this legal?  The answer is absolutely not!  An employer is subject to significant civil penalties for terminating or discriminating against an employee for reporting or bringing a workers compensation claim.  This is a separate claim from the workers compensation claim.  It's a civil action heard in district court and brought before a jury.  The work comp claim will be a separate claim brought before an administrative law judge, no jury and usually on an expedited basis in comparison to a civil case. 

If you have sustained a work related injury and believe your employer is discriminating against you for filing a claim, contact the lawyers of Atkinson Law Office today.  We will review your workers compensation claim AND advise you as to the likelihood of successfully pursuing a claim against your employer for discrimination.  Please do NOT let your employer bully or intimidate you from bring a Minnesota workers compensation claim.  There are time constraints for initiating a claim for work comp benefits and treatment.  Visit our website Free Minnesota Workers Compensation Law Center or call today at 651-333-3636.  We represent clients all over Minnesota and throughout the US who have sustained work related injuries.  Visit our website today

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.

Do NOT Hire A Minnesota Work Comp Lawyer Who Is A Poser or Dabbles In The Law

The Minnesota workers compensation bar (the lawyers who regularly practice workers compensation law) is a very small group made up of a few dozen lawyers.  However, there are many more lawyers who handle other types of cases including family law, immigration, bankruptcy and criminal law who occasionally handle a Minnesota workers compensation case.  You may wonder how they can possibly keep up with the ever changing laws in order to properly represent their client.  The answer is they don't and they can't.

The Dabbler

For over 25 years I've practiced exclusively in workers compensation.  Many years ago, I also represented insurance companies and employers; I don't anymore.  I would often come across these "dabbler" lawyers as I called them who would actually ask me to teach them how to handle a work comp case.  In other words, an injured worker's lawyer asked the defense lawyer how to do best represent their client.  It's true, sadly it's true.  How do you think that turned out?  Not well for the client.

The Poser

Workers compensation laws are not uniform for injured workers across Minnesota.  Different dates of injury can result in dramatically different benefits and many lawyers don't know this simple fact.  What often happens is that an injured worker gets a referral from a family friend to a lawyer they know, or are drawn into a pretty website that states "Minnesota's Top Attorneys For Injured Workers".  Often some of these lawyers and law firms rarely, if ever, handle workers compensation cases.  For example, if you are considering representation by Fields Law Office, call the office and ask to speak to Steve Fields.  If you are already represented by Fields Law Office, ask that Steve Fields personally handle your case, attend your deposition and handle your hearing, and let me know how that goes.  Though there are lawyers at Fields that are dabblers, one would think that the firm namesake would regularly or even occasionally handle a workers compensation case himself.  Right?

Experience and personal attention matters.  Don't hire a "dabbler" and don't hire a "poser".  Hire a lawyer who personally handles workers compensation cases day in and day out.  One who meets clients, handles your deposition, and goes to court for you.  The lawyers of Atkinson Law Office are workers compensation Super Lawyers who have been recognized as such because we are experts in the field.  We try cases to hearing, the Workers Compensation Court of Appeals, and the Minnesota Supreme Court.  We are called upon by groups across the state to lecture and speak about workers compensation issues.  If you would like a Super Lawyer to represent you, contact Atkinson Law Office today at 651-333-3636.  

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.  

Can The Work Comp Insurer Cut Off My Pain Meds?

Recently the Minnesota Department of Labor and Industry erected hurdle for injured workers using pain medications following a Minnesota workers compensation injury.  The purpose of the change is allegedly two fold; first to reduce costs for insurers and second to stem pain medication abuse.  Having undergone three spine surgeries myself, I know first hand the benefits of narcotic medications.   Recovery from surgical procedures can be brutal.  However, I think that insurance companies have led the way in pushing for these changes for one reason.  Can you guess?  Correct, it's to save money.

Can insurance companies therefore stop paying for your pain meds?  The quick answer is maybe.  But with sound legal advice you can successfully fight them.  As with all medical treatment and benefits, it's critical that your doctors not only document why they are prescribing a particular medication but also follow the newly enacted guidelines.  The new guidelines require your doctor to do the following:

• Affirm that you can't maintain functions of daily living without the medication, don't have "somatic symptoms disorder", don't have a history of failure to comply with treatment, and no history of substance abuse.
• Ensure all other forms of pain management options have been exhausted.
• Identify whether there are factors that could complicate your use of narcotic medications; pregnancy, suicide risk, history of substance abuse, heart issues, etc.
• Complete a "scientific assessment" to determine your risk of abuse.
• Explain potential complications of using long term pain pills.
• Finally you must enter into a written contract with your physician which includes the possibility of random drug testing.

At Atkinson Law Office we have created an easy form for your physician to complete.  This ensures that there is no interruption in medications.  Usually once your doctor completes this form, our attorneys can work with your insurance company to continue your medications.  They may have you see an "independent medical examination" by an adverse doctor.  If you receive notice of the same CALL AN ATTORNEY IMMEDIATELY.  This means they will be cutting off your meds very soon. The lawyers of Atkinson Law Office have successfully litigated numerous cases and successfully helped clients have a quality life despite significant injury.  If you would like to discuss this or any other workers compensation questions with a Minnesota workers compensation expert, call today at 651-333-3636.  Our phone are answered 24/7.  We represent clients across the entire state of Minnesota.

I Settled My Minnesota Workers Compensation Case Years Ago. Can I Get Help?

Every week our office receives a call from someone who needs help getting a medical bill paid on a case they "settled" many years ago. The first thing we do is help them locate their old settlement papers. Sometimes the injured worker has retained a copy but if not, we can often we can obtain a copy from the Minnesota Department of Labor and Industry where the document was originally filed many years ago.  If we strike out there there are other ways for our investigators to track them down.  After we obtain a copy it literally takes our expert Minnesota work comp attorneys minutes to determine that in many cases they may have more benefits then they initially believed.

There are many different types of settlement which have evolved over the last three decades, the most common of which are outlined below.  Though settlement does not occur in every case, it's mandatory that the parties participate in settlement discussions in every case pending before the Minnesota Office of Administrative Hearings.  The parties can discuss settlement at the court mandated "Settlement Conference", a mediation with an independent third party mediator, or through direct party negotiations.

•   Full Final & Complete - The most common these days is a "full, final and complete settlement".  This is a common settlement when the workers compensation insurer has denied liability that you have a work injury.  This type of settlement involves the insurer paying you a lump sum of money to closed out all past, present and future workers compensation benefits of any kind.  In exchange for the lump sum payment you right to all workers compensation benefits are closed out.
•   Full, Final & Complete With Medical Open - This is the most common settlement when the employee has an admitted injury but the there is conflicting evidence regarding the extent of the injury or whether it is temporary or permanent.  Often an adverse medical report from an "independent medical examination" constributes to an employee agreeing to the same.  This is similar to the first settlement above with the exception that some of your future medical benefits are left open.  
•   To Date Settlement - This was more common years ago and still occurs on occasion especially when the employee has a very strong case.  This settlement usually results in the workers compensation insurer paying all outstanding medical bills through the date of the agreement as well as a compromise of wage loss claims or other disputes as well.  In this settlement all future wage loss, vocational and medical claims remain open subject to the ongoing defenses of the workers compensation insurance company.

Settlements are voluntary and you are not compelled to engage in the same.  However, our attorneys and all workers compensation judges believe that settlement discussions are a necessary part of the workers compensation system.   Workers compensation is a "no-fault" system and as the result of this compromised system of justice you will never be made "whole" or fully compensated for your injury. Having been an injured workers like you, I can assure you that you will NOT receive "justice" even with a win at hearing.  The best that you can hope for is that the compensation judge finds you to be a credible witness and that you have met your burden of proof in establishing you sustained a work related injury.  From there you entitlement to workers compensation benefits will flow.  However, often the injured worker chooses to settle for reasons personal to them and their case.  

At Atkinson Law Office we have recovered millions of dollars in benefits on behalf of our clients every year!  For a free consultation contact the workers compensation experts today.  All of our lawyers are award winning attorneys and FORMER insurance company attorneys who will show you the secrets the insurance companies don't want you to know.  Contact us today at 651-333-3636.  

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

Does Minnesota Workers Compensation Provide For Pain and Suffering?

If you have sustained a serious injury while working for a Minnesota employer you may be entitled to what is called Permanent Partial Disability / PPD.  Often those who undergo surgery, lose a limb, or suffer another form of traumatic injury will likely be provided with a whole body permanency rating.  The rating are typically rated after the injured worker reaches maximum medical improvement / MMI (point at which no significant lasting medical improvement will occur).

In trying to understand PPD, you must accept that Minnesota's workers compensation is not fair.  The best you can hope for is a reasonable outcome and with the assistance of an attorney you can maximize your benefits.  Minnesota is on the low end as it pertains to payment of monetary damages for PPD in comparison to other states.  Pro Publica recently conducted a study that demonstrates that the national average for a lost leg is $150,000 and as high as $850,000 in states like Nevada.  However in Minnesota we only provide $48,000 in compensation for a lost leg.  Yes you read that right, if your leg is amputated you are limited to approximately $48,000 depending on how much you lost.  Granted you are also entitled to various wage loss benefits, vocational and retraining assistance and medical benefits which could result in an exceptional larger settlement of your claim, the PPD component is draconian at best.

If you have sustained a Minnesota workers compensation injury, the expert attorneys of Atkinson Law Office have over 50 years of combined experience in handling injury claims like yours.  Attorneys Thomas Atkinson, Kerry Atkinson and Dana Gerber are award winning attorneys dedicated to you.  They are all former insurance company attorneys waiting to share you the secrets that insurance companies don't want you to know.  Contact us today 24/7 at 651-333-3636

Construction Worker Falls To Death At New Viking Stadium. Was This Preventable?

Today an employee of Berwald Roofing died when he fell to his death and another worker was severely injured.  I'm very familiar with this employer and I am of the opinion that Berwald Roofing, like many Minnesota employers, does not always have the best interest of their workers in mind when operating jobs.  I have represented injured workers at Berwald with significant restrictions that knowingly place in jobs outside of their restrictions placing injured workers at significant risk of injury or even death.  I pray the workers in this tragedy are not ones that I know.

If you have sustained a work injury and have work restrictions, please think carefully before you return to work and placed in a situation where your employer ignores your restrictions and places you and others in harms way.  As a father I understand that it's hard to ignore the enormous financial benefits that come with employment and that workers compensation under the best of circumstances results in a 33% cut in pay.  But your life matters and I don't want to read about you as the next victim of a work related accident.

If you have sustained a Minnesota workers compensation injury, contact the attorneys at Atkinson Law Office today.  Our lawyers have over 50 years of combined workers compensation experience and are recognized leaders in Minnesota for work place injuries.  Call us today for a free consultation.  651-333-3636.  We are Minnesota's Workers Compensation Specialists.

Thomas Atkinson Selected A 2015 Minnesota Workers Compensation Super Lawyer

Super Lawyers is a peer review, research driven rating system of outstanding lawyers in a particular field of practice.  No more than 5% of all lawyers throughout the practice of Minnesota workers compensation are selected.  Super Lawyers recognized Thomas Atkinson as a Minnesota Super Lawyer for his comprehensive knowledge of Minnesota workers compensation and recognition from his peer lawyers and workers compensation judges.  Join us in congratulating Tom on his recognition.

If you have sustained a work related injury the experience of an attorney matters. Let me repeat, the experience of your attorney matters.  Some firms in Minnesota such as Fields Law Firm employee lawyers with one to three years experience to handle you complex workers compensation matter. Would you prefer to a doctor just out of medical school to perform you surgery or some with nearly a quarter century experience?  Thomas Atkinson has more experience in workers compensation than most attorneys in Minnesota and some cases more than the combination of every attorney in some particular law firms.

Atkinson Law Office limits their practice to workers compensation.  Our lawyers have a combined experience of over 50 years.  We represent clients throughout the state of Minnesota and have a Spanish speaking attorney!  Call us today at 651-333-3636 or 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.

Have You Suffered a TBI or Traumatic Brain Injury As The Result Of A Minnesota Workers Compensation Injury?

In the last two years we have probably been retained to represent more injured workers with TBI or traumatic brain injuries than the first 15 years of our practice combined!  Is it because more Minnesotan's are sustaining brain injuries on the job then previous years?  Or perhaps we more litigious than in past years?  The most likely reason is that we are all more in tune of the need to seek medical care after a head trauma or loss of consciousness due to news stories, media, the internet, or personal experiences.  In addition family physicians and other health care providers are better able to understand and identify the early warning signs of TBIs.  I have practiced law for nearly 25 year and in that time scientists and doctors have learned a great deal more about brain injuries.  One thing is certain, the brain is more vulnerable to injury than anyone previously thought.

Most TBIs occur through direct impact or force to the head, resulting in damage to the brain. Fortunately every blow to the head does not always result in a TBI.  Conversely, the severity of trauma does not always determine the severity of a TBI.

TBIs range in degree from severe to mild. In the most severe cases, the injured worker actually dies.  However, most of our clients come to see us as the result of persistent problems related to their TBI.   These problems include; memory problems, headaches, mood swings, depression, fatigue, difficulty concentrating and visual problems.  Often the injured worker has a history of non work related concussions and then a single trauma to the brain due to a work injury causes the ultimate breakdown.  Numerous studies demonstrate that multiple concussions increase the risk for long-term problems and have been linked to the development of delayed brain degeneration.  Each brain injury or TBI is exponentially more damaging to the brain then the previous one. 

TBIs affects the brain in two major ways. First, actual tearing and/or bruising of brain tissue and consequential bleeding within or surrounding the brain can occur resulting in brain swelling (think of the bruise you sustain after a twisted ankle). These injuries occur in more severe forms of TBI and are typically absent in mild TBIs.  Second is injury to microscopic nerve fibers (axons), which make up the “wiring” that connects nerve cells in the brain (neurons) to each other and to the rest of the body. This microscopic injury leads to many of the persistent problems which our TBI clients experience.

If you have sustained a traumatic brain injury or TBI, the attorneys of Atkinson Law Office can assist you in obtaining the treatment and workers compensation benefits you deserve.   Our lawyers currently represent many others with similar brain injuries.  We have obtained over $1,000,000 in benefits to brain injured worker in the past year alone and Millions of dollars more in the past 5 years.  There is never a fee unless we recover benefits for you.  Contact Atkinson Law Office today.  651-333-3636 and visit our website www.mndisability.com 

Your Surgeon Has Given You The Option Of A Cervical Fusion or Disc Replacement? Are Disc Replacements Safe?

Artificial disc replacements (ADR) are a relatively new surgical technique.  Let me emphasize that I am NOT writing on ADR uses for the lumbar spine.  I personally do not believe lumbar ADRs are successful as I have had a few clients with catastrophic results of lumbar ADR.  I currently know of no surgeons in Minnesota who are actively performing lumbar ADR.  Cervical ADRs on the other hand have had excellent results and are now becoming a widely adopted option to standard cervical fusions. 

I have previously blogged on the subject of cervical spine fusions and ADR surgery involves similar initial steps to anterior cervical discectomy and fusion.  The main difference is that after the disc is removed, a fusion is NOT performed. Instead, an artificial disc is inserted.  I recently attended a seminar involving the Mobi-C ARD in which the surgical technique was demonstrated by a surgeon.  It was clear that the ADR (artificial disc replacement) has certain advantage over anterior cervical discectomy and fusions.

Advantages - The key advantage is motion preservation as noted in the image above. Motion preservation may reduce long-term degeneration of adjacent discs, although this has not been conclusively proven.  As of the date of this article, cervical ADRs have only been used in Minnesota for approximately 7 years.  Other advantages include shorter recovery time, less complications, faster return to work and less wear and tear on adjacent discs. 

Disadvantages - There are certain FDA restrictions limiting use of the device to patients needing treatment to a single disc level.  However I believe some physicians are using a combination of ADR and solid fusion at adjacent levels. Lastly, this device has only been used for a relatively short time, and therefore we do not have good data on the long-terms results beyond approximately 7 years in the United States.

Whether you choose standard cervical fusions or ADR, it's often recommended that you obtain a second opinion from a board certified neurosurgeon or orthopedic surgeon who specializes in spine surgery.  Having undergone both cervical and lumbar surgeries myself, I'm happy to offer you my personal reflections on my surgical decisions and outcomes.  I am also here to assist you with any legal questions you may have pertaining to your open and active workers compensation claim.  Contact our office today at 651-333-3636.  Our lawyers are recognized as Super Lawyers and experts in the field of Minnesota workers compensation injuries.  Visit our website today at www.mndisability.com and enjoy a free complimentary consultation.

How To Choose The Best Minnesota Workers Compensation Attorney For You? I'll Tell You How For Free!

I have specialized in Minnesota workers compensation for nearly a quarter century.  When I began, injured workers found lawyers by word of mouth, family friends and the yellow pages.  How times have changed.  Now injured workers are tech savvy.  Whether you live in a town in the Northwest Angle of Minnesota or in Minneapolis, most people turn to their smartphones or computer to search for a lawyer on Google.  Clients who come to see me are usually far more informed than they were just 10 years ago.  What a difference a decade has made.

The purpose of this blog is to WARN YOU that there are lawyers and law firms out there that at a minimum exaggerate and others that I believe lie in their internet advertising.  They use terms like "the largest and most respected workers compensation law firm in Minnesota" or claim they have a "depth of experience".  The claims make me laugh at first and then make me very, very angry.  The reason is that YOU the injured worker will pay the same fee whether you hire a lawyer with 2-3 years experience as you do with 25 years experience.  I will tell you that I'm an excellent lawyer who has won many awards and frequently lectures on workers compensation throughout Minnesota.  However, there are other lawyers who are equally as good as I am...not many but I'm not alone.  You have to find the lawyer who is a good fit for you and I have always offered to give prospective clients the names of two additional lawyers outside of my firm to speak to after our initial meeting.  I do this freely and without hesitation.  It's not a gimmick.  I want you only if you want me.  We must fit.

What concerns me more is that you the injured worker will end up a a law firm that is a "mill" and churns and burns files without really having an understanding of Minnesota work comp.  Though a few law firms come to mind, you have to do your research and ask just a few questions.  The most important questions are as follows:  Does you firm EXCLUSIVELY practice in the area of Minnesota Workers Compensation.  That will narrow the list of 75 law firms in Minnesota down to just a handful.  Next ask do YOU THE LAWYER personally have more than 20 years of experience limited to Minnesota workers compensation.  You can now count the law firms on one hand.  These are the law firms you should be meeting with.  These are the ONLY law firms you should be meeting with.  If they do personal injury, car accidents, etc. they do not specialize in Minnesota workers compensation.  They specialize in general personal injury which is very, very different.

I'm personally at the Minnesota Office of Administrative Hearings or Minnesota Department of Labor on workers compensation matters 2-3 times every single week of the year.  I know every judge and every defense lawyer by name and they know me.  I have tried cases before every single workers compensation judge in the Twin Cities, most dozens of times.  Ask others if they can say the same.  Ask these tough questions and I can assure you that you will find the best lawyer for you.

At Atkinson Law Office we are all former insurance company lawyers with decades of experience handling Minnesota Workers Compensation Cases.  Both Kerry and Tom Atkinson had there first workers compensation hearings in 1993 the year they graduated from law school here in Minnesota. We will show you the secrets insurance companies don't want you to know.   Call us today for a free consultation.  There is never, ever a fee unless we recover benefits for you.  You will never be asked to pay us with a retainer check to handle your dispute.  Call 651-333-3636 today!  Visit us at Atkinson Law Office.

Following Your Work Injury Your Doctor Tells You That You Need A Knee Replacement. Now What?

Years after sustaining a ligament tear in your knee after a work injury, your doctor told you that you need a knee replacement.  What the heck is a knee replacement?  The term your doctor may use is "total knee arthroplasty"  This is a surgery that replaces the worn out and damaged surface of your knee joint with artificial hardware.  It is can be performed directly after you sustain your Minnesota workers compensation injury or even many years later.  Never assume that your old workers compensation case is closed when it comes time to any surgery!  Always consult an attorney.

There are two forms of knee replacement that your surgeon may offer.   The first is a total knee replacement and the worn surfaces of your entire knee are surgically removed and replaced with artificial joints. The second is a partial knee replacement.  This is performed where possible on injured workers with less widespread knee problems.  This surgery consists of repairing only parts of the damaged joint rather than the entire knee joint.

Though a knee replacement is a relatively common procedure, at Atkinson Law Office, P.A. we have found that many doctors perform a knee replacement surgery as a last resort.  Often your surgeon will try other methods to reduce pain and inflammation including medications, injections, and physical therapy.  If your pain and/or knee instability continues, this surgery often proves to be a successful solution. 

If you have sustained a knee injury of any kind, please contact Atkinson Law Office today.  Our attorneys have nearly 50 years of combined experience in work related and personal injuries involving knee injuries.  At any given time we have dozens of current clients like you who have similar knee injuries.  We know who are the best doctors in Minnesota and throughout the country to assist you.  Over the years our office has helped hundreds and thousands of injured workers like you.  There is NEVER a fee unless we recover benefits for you and you will NEVER personally write a check to our firm even in the unlikely chance that we can't assist you.  Contact us today at 651-333-3636.

Minnesota Taconite Workers, If You Have Been Diagnosed With Mesothelioma or Other Asbestos Related Diseases Call A Lawyer Today!

Taconite pellets

A University of Minnesota study released earlier this week announced preliminary findings that inhaled taconite dust by miners on the Minnesota Iron Range, leads to serious lung diseases including scarring around the lungs and an often fatal cancer called Mesothelioma.  At least 80 miners have already died from this rare cancer in Minnesota.

Proper Asbestos Protection

Workers often wear masks but NOT the type that protect them for the invisible asbestos particles that are inhaled and embedded into their lungs.  When you consider that professionals who remove asbestos wear protection covering them from head to toe, in reality any and all workers exposed to asbestos in the taconite mines are potential victims.  In my experience those who have worked in Minnesota's Iron Range mines haven't worn any respiratory protection until recently and even then the have been provided insufficient paper masks that simply cover their faces loosely at best.  With these findings it's time for the unions representing workers and the IMA (Iron Mining Association) to step up and protect the safety of workers.  Minnesota's taconite miners and their families deserve the protection that is afforded others who work in the modern asbestos industry.

If you or a loved one has been diagnosed with mesothelioma or any other asbestos related disease, the worker is entitled to medical and wage loss benefits AND you as the surviving spouse or children should the worker die, are entitled to survivors benefits.  PLEASE contact our office today.  Attorney Tom Atkinson has personally handled hundreds of asbestos related Minnesota workers compensation cases.  Mr. Atkinson often associates with attorney Dean Salita who has also handled hundreds of Minnesota asbestos cases.  Call us today at 651-333-3636 and visit our website.  There is never a fee for a free consultation and you pay NOTHING unless we obtain benefits for you.

I Can't Afford A Minnesota Workers Compensation Attorney. Really?

I get about a dozen phone calls each week from workers who have been injured at work and want a free consultation.  In most cases, I simply provide free advice and explain some questions regarding their case and leave them my cell phone number should they have any future concerns.  Occasionally, however, there are some who should have contacted me months or even years ago. 

Don't assume that the internet, work comp blogs, your family and friends or your old personal injury attorney has the CORRECT answers to your questions.  Minnesota Workers Compensation is a very specialized area of the law.  A personal injury attorney who handles a few cases every year is in no way an expert.  Your family or friends workers compensation case may be very, very different than yours based upon the facts of their case.  You may be entitled to far more benefits then they received.

Experience also matters in finding an attorney.  The internet is the great equalizer.  Some firms like Fields Law Firm advertise that they are the biggest law firm in Minnesota and yet I have never seen the firms namesake, Steve Fields, at the Office of Administrative Hearings where I have been to thousands of times over the past 21 years.  Other attorneys claim they are the most respected workers compensation attorneys in our state and yet rarely handle workers compensation matters. 

I want you to call the lawyer whom the firm is named after and ask him or her how many cases they have PERSONALLY gone to hearing at the Office of Administrative Hearings AND appearances before the Workers Compensation Court of Appeals in 2014.  The answers may shock you.  At Atkinson Law Office, both Kerry and Tom Atkinson have taken cases to hearing every month in 2014.  We have also appeared before the Minnesota Workers Compensation Court of Appeals as well.  Every week I personally make multiple appearance at the Office of Administrative Hearings for settlement conferences, discontinuance conferences, medical dispute conferences, vocational rehabilitation conferences, meditations, and/or hearings. EVERY week!

Finally, there is NEVER a fee to contact an attorney and discuss your workers compensation case.  Atkinson Law Office will not require you to pay a retainer fee or send us payment at ANYTIME during your case.  We get paid directly by the insurance companies when benefits are disputed.  Can you afford NOT to contact an experienced law firm and attorney like Thomas Atkinson.  Visit us today for a free consultation.  www.mndisability.com or call 651-333-3636, 24 hours/day, 365 days/year.

Personal Experiences From A Minnesota Work Comp Lawyer Who Has Had Cervical Disc / Neck Surgery.

Years ago I sustained an injury resulting in numbness down my right arm/hand and pain into my upper right shoulder/arm.  My family physician eventually ordered an MRI which revealed a herniated disc and then referred me to a neurosurgeon for a consultation.  I underwent physical therapy, was prescribed a steroid and eventually underwent a C6-7 laminectomy and microdiscectomy.  The surgery was a success in relieving all of the pain symptoms and most of the numbness and weakness sensation.  I subsequently ran many races including a marathon.

My symptoms and outcome may be different then yours so let's take a look at the most commons symptoms of a cervical disc injury. 

Symptoms

Symptoms of cervical herniated disc may include:

• Pain that radiates down the arm to the hand and/or fingers
• Numbness and/or tingling in the shoulder, arm, or hands• Weakness of hand and/or arms
• Difficulty with fine motor skills in the hands and arms
• Tingling or "shock" type feelings down the torso or into the legs

You may have one or all of these symptoms.  I had them all to some degree before the surgery.

Certain positions or movements such as looking up and down or left and right of the neck can intensify the pain. Often the symptoms of a cervical herniated disc often resemble other disorders such as carpal tunnel syndrome  injury to the rotator cuff.  I have actually had clients misdiagnosed with both CTS and rotator cuff injuries who actually had cervical disc injuries.

Causes

Direct trauma such as hitting your head, lifting heavy objects, sudden jarring of the neck and/0r head or repetitive actions over time can result in injury to the cervical disc.  These injuries can cause a cervical herniated disc or spinal cord compression, where disc material pushes on a "foraminal nerve" the spinal cord. This is a much more serious condition and may require a more aggressive treatment plan. Spinal cord compression symptoms include: 

• Awkward or stumbling gait

Treatment

There are many methods to attempt to treat these conditions which I have discussed in other blogs including physical therapy, traction, chiropractic care, medications and even various types of surgery.  You and your doctor will have to determine what is the best protocol for you.  I am happy to share my personal thoughts on what I experienced and what hundreds of my clients have done over the years.  Visit our website or call today at 651-333-3636.  We are work comp experts who recover millions of dollars of benefits for our clients every year and unlike many firms we have decades of experience in workers compensation.  We represent clients across the entire state of Minnesota.