Sunday, March 31, 2013

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.

Sunday, February 24, 2013

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.

Tuesday, February 19, 2013

Why Is My MN Work Comp Adjuster Asking About My Facebook Account?

I have written and lectured about Facebook, Mylife and other forms of social media for years.  More and more often, whether my clients are aware of it or not, insurance adjusters, employers and insurance company lawyers are looking you up on Facebook.

I had a client in my office today and I asked her how her ski trip was this weekend and she looked at me wondering how in the world I knew her family went skiing.  I turned my computer around and showed her pictures from her Facebook, her husband's Facebook and her childrens' Facebook accounts.  Now the pictures didn't show my client skiing or failing to follow her restrictions, but I got my client's attention.  Facebook is often better than surveillance videos because you and your friends are posting the pictures and photographs rather than a creepy investigator.

Can a Minnesota workers compensation judge allow the admission of photographs from your Facebook account?  There are no appealate decisions to guide us at this point but let me share with you what a workers compensation judge in another state recently did.

An Arkansas workers compensation appeals court ruled that photos on Facebook and Myspace of a man “drinking and partying” could be used as evidence to deny him further workers compensation claims.  At the center of the suit is  Zackery Clement, who suffered a hernia on March 12, 2009 after a refrigerator fell on him while on the job at Johnson’s Warehouse Showroom in Pine Bluff,  Ark.  Keep in mind this was an admitted work injury.  Clement, who was compensated for medical expenses and received temporary total-disability benefits for more than a year, was seeking an extension of benefits following three surgeries as a result of the injury.

In an opinion, written by Judge David M. Glover, the Arkansas Court of Appeals states: “We find no abuse of discretion in the allowance of photographs. Clement contended that he was in excruciating pain, but these pictures show him drinking and partying.”

The lesson to be learned is NEVER EVER lie.  If your doctor tells you NOT to perform certain activites be sure to testify truthfully if you disobey your doctor.  We all want to live our lives and share activities with our loved ones and families.  Just don't exaggerate or lie about your symptoms or ability to perform non work activities.  When you have a serious work related injury doing so will often result in consequences such as slower recoveries or increased pain.  My suggestion is that you "lock down" you Facebook or turn it off.  You will be shocked by the extra time you have when you don't need to be updating your status, location or activities every few minutes.

If you have sustained a work related injury and have questions or concerns about your claim, Atkinson Law Office and Minnesota Disability offer free consultations at suburban office locations with free parking, hot coffee, cold beverages and a staff with decades of experience handling Minnesota workers compensation cases. Call our office today at 651-333-3636 for a free consultation and feel free to visit our website for additional information regarding your Minnesota Workers Compensation injury.

Sunday, February 3, 2013

I Settled My Work Comp Claim And Need Medical Treatment. What Can I Do?

As the founder of Atkinson Law Office, P.A. and Minnesota Disability, I have been involved in thousands of workers compensation settlements over the last 20 years.  One thing that is common in many of them is that some form of medical benefits are usually left open.  Even though the words may say, "full, final and complete settlement" they are usually followed by the type of benefits left open.  One thing is certain, all workers compensation settlements are not equal.

If you can't find you settlement agreement or don't remember your lawyers name, we have the expertise to obtain a copy of the settlement documents through the Minnesota Department of Labor and Industry.  In as little as a couple of weeks, we can obtain the document, review it and counsel your remaining rights to workers compensation benefits.  We can explain to you how your existing health insurance (if you have any) affects your right to workers compensation benefits. 

Contact our office today at 651-333-3636 and let us begin helping you with discovery what benefits you have remaining with your old workers compensation settlement.  Whether you have your documents or not, we would be happy to assist you.  At Atkinson Law Office, P.A. and Minnesota Disability, we have a team of experienced workers compensation professionals waiting to help you 24/7. 


Sunday, January 20, 2013

The Workers Compensation Insurer Is Paying My Benefits. Do I Really Need An Attorney?

Some injured workers think that an insurance company that is paying them some forms of Minnesota work comp benefits is looking out for them.  Unfortunately this is generally a false presumption and they are not getting  ALL of the benefits they are entitled to receive.  I hate to burst new clients bubbles but almost with exception this notion is wrong.  Wrong I say?  But the adjuster is so nice and they hooked me up with another "nice" QRC who goes with me to the doctor and says nice things...almost like they are my new best friend.   Really?  Do you honestly believe that a for profit insurance company is looking out for you the injured worker?  I have been on the other side; I have been an injured worker; I have represented hundreds and hundreds of injured workers and I can tell you that insurance companies and most employers only care about returning you to work as fast as possible.  This means steering you to doctors who believe that "occupational medicine" requires a finding of returning to work without restrictions as fast as possible, damn the consequences.

I previously worked on the "dark side" of Minnesota's workers compensation system for over 15 years and I can assure you that you are paid only those benefits that are absolutely mandatory and nothing...and I mean nothing more.  Cutting costs, reducing "lost time" claims, steering you towards insurance friendly doctors is a daily activity driven by employers and claims managers.  Don't get me wrong, there are well meaning, kind and thoughtful adjusters who try to work within the limits of their insurance company managers.  But most are like the wonderful actors and actresses of Broadway and those that are truly thoughtful and kind, are overseen by taskmaster management that meet every week to discuss how to manage costs and move cases towards closure as fast and cheap as possible.  This is the real world and you would be shocked, very shocked to know the truth.  Very few of my fellow attorneys who limit their practices to representing injured workers like myself have seen this side of the Minnesota Workers Compensation system. Let me show you the secrets to ensure you get the benefits your are entitled to today.  Feel free to explore my background and learn tips to obtaining all the benefits you are entitled to.  Contact my office for an absolutely free no pressure visit.  651-333-3636