Should I Particpate In A Minnesota Work Comp Mediation?

Has your attorney suggested that you participate in a mediation of your Minnesota Workers' Compensation Claim?  Over the past 20 years that I have participated in work comp claims, I have witnessed first hand the increasing use of meditations with excellent success.

Work comp litigation can involve significant costs over months and years with an uncertain end in store for both sides.  Even if the parties go to a hearing with a workers compensation judge, the "Findings and Order" are generally limited to the disputes up through the date of the hearing.  I too have had a work injury and agreed to mediate my workers compensation disputes through the use of a mediator.  Though I go to hearing or conferences before judges on an almost weekly basis in my practice representing injured workers, most injured workers like myself, find the mediation outcome worthwhile.

Why mediate a case when I can go to a hearing instead?  The number one reason is you may not like the outcome which can rarely be overturned on appeal.  Typically if you go to hearing and lose, your case is finished and though you may convince yourself that you went to trial for the "principal" of the matter, that's not always the best rational.  The mediators job is to bring the parties together in an effort to find common ground and come up with a settlement that, though both parties may not be thrilled with, is still satisfactory.

Meditations can be performed by excellent private mediators such as Joan Hallock, Dan Lively, Mike Aafedt, Mike Forde and Peter Pustorino.  These are all former workers compensation attorneys and/or judges who are hired by the parties to mediate disputes.  Another possibility is to utilize the services of the Minnesota Department of Labor and Industry or in some cases use sitting work comp judges at the Office of Administrative Hearings in St. Paul.  I have had meditations with all four judges who currently mediate matters at OAH and with most of the mediators at DOLI.  In my experience they all have their place depending up the particular facts or clients.

If you are not represented by an attorney and the insurance company recommends or suggests settlement, I strongly urge you to contact an experienced workers compensation attorney who may recommend mediation as a method to explore resolution of your dispute.  At Atkinson Law Office, P.A. and Minnesota Disability we have a staff and attorneys whose past experience in representing insurance companies is put to use in supporting YOU the injured workers.  Let us show you the secrets the insurance companies won't.  Contact us for a free consultation at 651-332-8792 or visit our main website www.mndisability.com today!

Gary Hall Named New Workers Compensation Court of Appeals Judge.

Congratulations to former Office of Administrative Hearing Judge Gary Hall who currently serves as Assistant Commissioner for Safety and Workers’ Compensation at the Department of Labor and Industry. Through his role as Assistant Commissioner, Judge Hall is responsible for the operations of the Workers’ Compensation and OSHA programs. He also acts as the Executive Director of the Workers’ Compensation Advisory Council.  He received a B.A. summa cum laude from the University of Minnesota in 1979; and a J.D. from the University of Minnesota Law School in 1982.
Additionally, Judge. Hall is a member of the American Bar Association’s Labor and Employment Law Section National Conference of Specialized Court Judges and is a past member of the National Association of Hearing Officials.  Aside from his numerous chili cooking honors, Judge Hall is also a Rosetown Playhouse Community Theater volunteer as well as a Moot Court volunteer.  Congratulations Judge Hall on your appointment to the Minnesota Workers Compensation Court of Appeals.

Baggage Claim Handlers and Flight Attendants Injured At American Airlines, Delta Airlines, and Sun Country Airlines.

If you work for an airline and are injured while in Minnesota or in another state on a trip originating from or ending in Minnesota, you may be entitled to Minnesota workers compensation benefits.  Minnesota's workers compensation programs are often more generous than other states.  Though many of your may be union members, it's important that you do NOT limit yourself to legal advise from attorneys referred by your supervisor or union steward.  They don't necessarily refer you to an attorney because of the best legal advise.  They may refer you in order to receive gifts, free dinners or even cash payments.  This process is illegal and any attorney who is a party to this action is NOT the type of lawyer you can trust.

There are many excellent attorneys who are willing ready and able to worked for you!   Contact the attorneys of Atkinson Law Office and Minnesota Disability to provide you with a FREE consultation.  You will never pay a fee directly to a Minnesota Workers Compensation attorney.  We only collect a fee if we recover benefits for you.  Contact us today at 651-333-3636, toll free 800-933-5619 or visit our main website at www.mndisability.com.

How & Whys of Minnesota Work Comp Settlements

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

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

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

You only have one chance to negotiate you settlement and doing so without a lawyer is just plain crazy.  I have seen many adjusters take advantage of workers by explaining the reasons behind the settlement value without ever telling them what they are really giving up in exchange.  Contact the lawyers at Minnesota Disability and Atkinson Law Office today to see how we can assist you with you claim.  We assist hundreds of injured workers every year in obtaining the best results for their family given their unique situations.  We meet with clients across the entire state of Minnesota.  Contact us toll free at 800-933-5619 or 651-333-3636.  Feel free to visit our other website www.mndisability.com for additional information. 

Choosing A Qualified Rehabilitation Counselor (QRC)

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

Though QRCs are suppose to be neutral parties in the rehabilitation process, any experienced workers compensation attorney will telling you that often those QRCs assigned to you by the employer and insurer have an alternative motive; steering you to a biased uncaring doctor, obtaining a full release of restrictions as soon as possible regardless of you the injured worker, and minimizing rehab costs.  The employer insurer QRC is NOT to be trusted.  They employer and insurer QRC may seem to be your friend and acting on your behalf but before you realize what is happening the damage done may be difficult to reverse.  You have the right to change QRCs at any time within the first 60 days after they are assigned.  However you have the right to chose the initial QRC.  ALWAYS consult with an attorney to obtain a suggestion of the right QRC for you.  At Minnesota Disability and Atkinson Law Office, we can help you with this extremely important task at no cost to you.  Feel free to contact our office directly at 651-333-3636.