Pitfalls of Receiving Wage Loss Benefits

There are certain requirements, or pitfalls, that you have to be careful of when it comes to receiving the wage loss benefits, either the Temporary Total Disability or the Temporary Partial Disability.



One of the requirements is you have to have physical restrictions. Oftentimes an employee may be off work and go to the doctor and the doctor may advise you to be careful, not do this or not do that, but if the restrictions are not in writing then they do not count. You are not entitled to the wage loss benefits unless those physical restrictions from your doctor are, in fact, in writing. So, if you sustain an injury and you are missing time off work, you need immediately go to your doctor and get a workability report or work restrictions.

Oftentimes people get confused when it comes to this type of documentation, procuring the right physical restrictions, but that is why we at Meuser Law Office, P.A. are here. We’re here to ensure that the documentation you obtained from your doctor is correct and will meet the requirements under the Minnesota Workers’ Compensation Act.

If you are completely off work and receiving the Temporary Total Disability and assuming that you have physical restrictions, you must also conduct what we call a diligent job search. You have to show the judge in the end that you have been looking for work, that you are trying to look for work not with-standing the injury, not with-standing your restrictions. This is one of the main reasons for denial by an insurance company. They will simply argue that you failed to meet the requirements under the Minnesota Workers’ Compensation Act. You failed to document your job search, did not conduct a sufficient job search, did not look for the right type of jobs, etc.  We work directly with our clients to ensure they have the right forms, the right documents, they know what types of benefits to look for, and what type of jobs to look for.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be very complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free, no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Ron Meuser
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What to Expect at a Work Comp Hearing

To help our clients understand what to expect at a Minnesota workers' compensation hearing, it is important to know what exactly is involved and the process that takes place. A formal workers' compensation hearing in Minnesota is a trial in front of a workers’ compensation judge. A workers' compensation hearing may be scheduled after a party files a claim petition or a request for a formal hearing. The judge will determine any past and ongoing issues in dispute between the parties and issue a formal court order and decision.

Where are the Hearings Held?

Hearings are scheduled at the Office of Administrative Hearings at 600 North Robert Street in St. Paul, Minnesota. Hearings may also be scheduled at 11 East Superior Street in Duluth, Minnesota. Sometimes in certain circumstances the parties will appear via teleconference. Once the hearing date is set, the Office of Administrative Hearings will send notice to all the parties. The hearing date may depend on the schedule of the judge and the attorneys.

How Long is a Work Comp Hearing?

Usually, the judge will ask the parties during the pre-trial how long they anticipate the parties will need to present testimony. Most cases take half of a day. If the parties expect to present more than a few live witnesses, the hearing may be schedule for a full day with a break in between for lunch. Sometimes, in complicated cases with numerous parties the hearing maybe scheduled for two days. It’s very important to arrive very early to ensure that you are on time for the proceedings. You should also meet with your attorney before the hearing.

Who is Present at a Work Comp Hearing?

The workers’ compensation judge who is assigned to your case will issue an order that determines the outcome of your case after hearing both sides present their case. Your attorney and the attorney for the other side will be present at the hearing. The parties typically sit across from each other at a table in the courtroom.

Expert witnesses, such as doctors, do not testify in person and rather the parties submit written reports in lieu of live testimony. Live witnesses, such as supervisors or co-workers if called to testify will be present as well. Generally, a representative from the insurance company or employer will also be present, even if he or she is not testifying.

What is the Proper Courtroom Etiquette?

The parties should dress formally and act respectfully. Do not speak until your attorney indicates it’s okay for you to do so. Everyone should be addressed formally and the judge is referred to as “Your Honor.” The parties will stand when the judge enters the room. Do not argue or interrupt the other side. It does not help your case if you make faces or get visibly emotional when the other side presents his or her case.

What is an Opening Statement?

Before witnesses testify, the parties will give an opening statement. First, the attorney for the injured employee will give a summary of what the witnesses will testify and why they should win the case. Next, the attorney for the insurer and employer will explain why they should win the case and why the injured worker is wrong on the facts and the law.

What Kind of Evidence Will Be Presented?

Generally, the parties will have exchanged exhibits and records before the hearing. The parties may even submit a set of joint exhibits in order to make it easier for the judge to examine the evidence in the case. The joint exhibits will include intervention notices, medical records, and wage records. The parties will submit written records, such as doctor reports, and may submit photographs and videos as well.

If a party objects to some of the evidence the parties will make their objection and the judge will decide to agree or disagree. Before the hearing begins the parties will take time to set forth the stipulations, which are the parts of the case to which the parties agree. For example, average weekly wage.

Next, the witnesses for the injured worker or claimant will give their testimony. The order of the witnesses is determined by the attorney before the hearing. The witnesses will be sworn in and will answer a set of questions from the employee’s attorney. The attorney for the insurer and the employer will be given a chance to cross-examine the witnesses after they have answered questions from the other attorney. Then the attorney for the employee will be given an opportunity for “re-direct” and will try to clarify any points made by the other attorney.

What is a Closing Statement?

The parties may give an oral or a written closing statement, depending on the preference of the judge. The closing statement closely reflects the opening statement in that the parties will summarize important pieces of the evidence presented and why it fits within the law.

What Happens After the Case?

The proceeding will be electronically recorded and the judge will then issue a “findings and order” that is the decision of the case. If either party disagrees with the decision they may appeal to the Minnesota Workers’ Compensation Court of Appeals.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Mary Beth
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Applying for Police & Fire Plan PERA Duty Disability Benefit Rules

When you are applying for a Police and Fire Plan PERA Duty Disability benefit, it is important to know there are some very complicated rules that apply. If your attorney is not aware of some of these rules, it can cost you significant amounts of money. For example, there is what we call the 2-year rule. What that means, is if your injury predated your application by more than 2 years you have additional criteria that you need to demonstrate in order to be approved for a PERA Police and Fire Plan Duty Disability.



You need to show that the injury prevents you not only from performing your normal duties as a police officer or firefighter but you also need to demonstrate that you cannot perform the duties that you were expected to perform in the last 90 days you worked. Where this typically becomes an issue is if you are working for an employer that offers long-term light duty. In fact, there are a number of employers that purportedly offer permanent light duty. Minneapolis and St. Paul very frequently attempt to offer some form of light duty which can make your application much more complicated.

If you have a Minnesota Police and Fire Plan PERA Duty Disability claim, contact the attorneys at Meuser Law Office, P.A. for a free, no-obligation legal consultation. Our knowledgeable attorneys will help you understand the often confusing PERA Duty Disabilty benefit law and ensure you receive the full benefits you are entitled to. Call us today at 1-877-746-5680.

by Jen Yackley
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Police Officer Writes Testimonial for Their Case Involving PERA Duty Disability, Healthcare Continuation and Work Comp Claims

Since day one, Meuser Law Office, P.A. has represented injured clients throughout Minnesota making sure the best possible results are obtained for their claims. We take great pride in our reputation and feel honored when a satisfied client takes a moment to thank us. Read what a recent client had to say about his experience with Meuser Law Office, and specifically our attorney Ashley Biermann.

Hi Ashley,

It's Thanksgiving week and I've always been brought up to reflect on what
I'm grateful for and to give thanks to God. I still try hard to do that
regularly. As you know, I was as close as one can get to essentially losing
everything including my home. It was a process, but I trusted you and your
office and God that things would work out. They really have turned around
and words cannot express how grateful I really am. The money began flowing
exactly when it HAD to. My bills are now paid, my credit is rebuilding and
most importantly my sanity and PEACE has been restored. Man I love being at
peace again!

Without question this has been the most trying time of my life, and it's a
little weird to think that my attorney got me through it, but you really
did! I'm so damn grateful for everything you've done and all the work you've
put in. You also probably talked me off the ledge a couple times. I didn't
know what to expect going into this. All I know is that I'm grateful to you
and Meuser Law for everything you've done and continue to do. Thank you for
your honesty, integrity, wittiness, intelligence, professionalism,
promptness, compassion, and hard work. I greatly appreciate all you've done.


Please also thank Ron, Hannah, and anyone else at your office that played a
part. Feel free to forward. Thanks again. God bless and have a good
Thanksgiving.

—a Minnesota police officer

This particular client is a Minnesota police officer injured in the line of duty that we represented for PERA Duty Disability, healthcare continuation benefits and workers’ compensation claims. Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. We explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

by Ashley Biermann
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Meuser Law Office, P.A. is a proud sponsor of the Police Officers Federation of Minneapolis

The Police Officers Federation of Minneapolis is the largest non-affiliated law enforcement union in the state of Minnesota with over 900 active members. Ron Meuser and the attorneys of Meuser Law Office, P.A. look forward to working closely with a Federation which operates with the goal of working towards a safer, more livable city and continually improving the working conditions as well as making sure the rights are protected for the police officers who work in Minneapolis, Minnesota.

The Police Officers Federation of Minneapolis has represented police officers who are employed by the city of Minneapolis and the Minneapolis Park and Recreation Board, from the new Academy graduates all the way to the rank of Captain. Since 1972 the Federation has served its members in the traditional role of negotiating and enforcing the collective bargaining agreement as well as critical incidents, investigations of officers conducted under the Police Officer’s Bill of Rights, and lobbying to advance the public policy interests of members at the local, state and federal levels.

Lt. Bob Kroll, President of the Police Officers Federation of Minneapolis had this to say about the sponsorship: “We really appreciate Meuser Law Office sponsoring our organization. We look forward to introducing them to our members and sharing their information that will assist police officers, should they become injured in the line of duty. Given their longevity and expertise, we believe they’ll be a valuable resource for the Police Officers Federation of Minneapolis.” Ron Meuser and his team also look forward to assisting Lt. Kroll and the members of his Federation and getting to know them better by attending events like their annual Minneapolis Police Federation Charities, Inc. Golf Tournament next summer.

Established in 1990, Meuser Law Office, P.A. is recognized as one of the top law firms in Minnesota dedicated exclusively to the integrated practice of workers’ compensation, PERA/MSRS disability, and personal injury law. With over 30 years of combined experience, the attorneys at Meuser Law Office have the depth of knowledge in these often closely-tied areas of law representing Minnesota’s police officers to ensure that their interests are fully protected. The attorneys at Meuser Law Office will share some of their knowledge with the Police Officers Federation of Minneapolis by posting blog articles on their website http://www.mpdfederation.com/category/blog/. Read a larger sampling of articles from Meuser Law Office at www.peraworkcompattorney.com.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of Minnesota’s first responders, including police officers throughout the state for both workers’ compensation and PERA/MSRS disability claims. Unlike other local law firms that only focus on one area or the other, the attorneys at Meuser Law Office, P.A. will handle your case with a full understanding of all three areas and how they interrelate so you can be assured you will receive every benefit and all the compensation you are entitled under the law. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

by Ron Meuser
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Law Enforcement Labor Services (LELS) Steward Training

Earlier last month, Ron Meuser and Jen Yackley of Meuser LawOffice, P.A. were invited back by Minnesota Law Enforcement Labor Services (LELS) to share information that is important to its members. In August, 2016, Ron and Jen met with business agents as well as their legal department and spoke about the complex issues Minnesota’s Peace Officers face when they are dealing with an injury sustained in the line of duty.

Founded in 1977, Law Enforcement Labor Services, Inc. is Minnesota’s largest law enforcement labor union specializing in representing law enforcement personnel. The mission of Law Enforcement Labor Services is to represent the interests and priorities of its members. LELS provides professional representation and advocates for its members in areas such as:

• Legal matters
• Competitive pay and benefits
• Negotiating safer working conditions

Understanding the great risk Minnesota’s Peace Officers are in each day, Ron and Jen provided training to over 65 LELS stewards to ensure they know the steps to communicate and benefit eligibility if a peace or police officer sustains an injury in the line of duty. Oftentimes there are multiple benefit claim types involved with one injury so it is imperative the individual works with an attorney knowledgeable in Minnesota workers’ compensation and PERA/MSRS disability law from the beginning. Topics covered included:

• Overview of workers’ compensation and PERA/MSRS disability benefits
• Workers’ compensation wage loss benefits
• Motor vehicle accident injuries
• Post-traumatic stress disorder and other special situations
• Continuation of health insurance benefits

These topics, general tips, and much more were discussed in detail. A laminated, 3-hole punched document was given to each of the LELS stewards attending the session. This document will be a great resource to any steward should they have to consult with a peace officer injured in the line of duty. If your organization would like a similar document produced, call 1-877-746-5680. Or, simply download it for your reference.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of the state’s first responders for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us to learn more about your potential claim is much like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help the often complex process easier to navigate. Contact us today for a free no-obligation consultation by calling 1-877-746-5680. 

by Ron Meuser
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Injured Police Officer and Firefighter Timing Issues for PERA Disability Benefits

If you are an injured police officer or firefighter in the state of Minnesota, there are some timing issues that you need to be aware of. First and foremost, if you are going to be applying for a PERA disability benefit you need to apply less than 18 months from the date of your termination. If you do not apply within 18 months of your termination, you are not eligible.

We do occasionally see this situation arise, unfortunately, where an individual has retained a workers' compensation attorney who does not practice PERA and who is not aware of PERA.  In fact, I am aware of one case I can think of as an example where the workers’ compensation claim was very heavily contested and it was very heavily litigated and during the pendency of the litigation her work comp attorney advised her to ‘just hold off on filing for PERA’.

Unfortunately, by the time all was said and done and the client’s workers’ compensation claim was over, the 18 months had passed, within which she would have had time to apply for her PERA benefit. So, this client may have received work comp benefits but she lost out completely on her PERA benefit because she did not file within that 18-month time period.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Jen Yackley
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What Should I Expect From My Work Comp Lawyer?

At Meuser Law Office, P.A. we pride ourselves in the work we do and the commitment we make to our clients. We are one of the few workers’compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. Our attorneys are experienced in these areas of law and have successfully represented thousands of clients, including State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims.

When choosing an attorney to represent you, you should expect a free consultation. Work comp attorneys in the state of Minnesota are paid on a contingency fee basis, which means you will not be charged unless the attorney recovers benefits or monies on your behalf. All work comp attorneys are paid the same in the state of Minnesota pursuant to statute. Typically, you will meet in-person with an attorney before you make a hiring decision. Good attorneys spend an hour with potential clients in-person gathering information about the client’s potential case, explaining the law and providing recommendations for your case. If you are meeting only with a paralegal instead of an attorney, you should consider this a red flag and request to meet with a lawyer. Sometimes it’s not possible to meet face-to-face due to distance or work schedules so in that case, it’s appropriate to schedule a telephone consultation with the attorney.

Once the attorney has been hired, there are some basic things you should expect from your attorney going forward, such as:     

• Client should expect an honest assessment and valuation of the case. It doesn’t help you if your attorney doesn’t tell you both the good and the bad parts of your case. All cases have “warts.”
• Return phone calls and emails in a reasonable amount of time. At times it may be best to schedule a telephone call with your attorney for a status update through an office paralegal.
• All communication to the insurance company’s adjuster and/or insurer’s attorney should go through your attorney’s office. Your attorney is the main point of contact for your case.

As the case gets underway, the client should expect to receive copies of work done on his or her behalf by their attorney, including correspondence to opposing counsel, claim petitions, and any paperwork sent to the court. Various phases of the case, including independent medical examination (IME), settlement conferences, formal hearings, and depositions will happen throughout the work comp case. The client can expect to be notified of these litigation events in advance and should know what to expect at each step of the way so there is no confusion. Other examples of what a client should expect from an attorney may be:

• Prior to a mediation or settlement conference his or her attorney will create a demand letter that will outline the monetary claim for benefits. This demand letter must be approved by the client before being sent to the attorney for the insurer and employer.
• If a client will be consulting with a qualified rehabilitation consultant (QRC) during their case, when appropriate, your attorney should choose and recommend a QRC, send job logs to help track your job search, and mileage logs for reimbursement.
• Your attorney should never settle your case without your permission. You will be involved in the negotiation process and likewise you will not try to settle your case on your own without your lawyer. Your lawyer will give his or her recommendation but to settle or not to settle is your decision alone. 

Clients should expect that attorneys limit their practice to one or two areas of law. An attorney who deals with criminal law, including DUI cases and restraining orders, is not going to be up to date on the complex workers’ compensation and personal injury areas of law. You want an attorney that is experienced in this particular type of law. Even though all workers’ compensation attorneys are paid the same in the State of Minnesota, all work comp attorneys are not equal. Why choose an inexperienced or less knowledge attorney when you can choose a team of experienced attorneys who practice exclusively in the area of work comp and personal injury for the same amount of money. If clients want to change attorneys at any time of their case, he or she is not charged extra for a change of attorney.

At the very least a client should expect a team of knowledgeable attorneys who will work together on your case and bounce ideas off each other. This type of approach will benefit the client the most. Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Mary Beth
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Amazon Warehouse Injury Work Comp Claims

Amazon is a powerhouse company that was first known as “the world’s biggest bookstore.” It has since been given the title of America’s largest retailer (online or off) employing nearly 240,000 people worldwide. Therefore, it is not surprising that Amazon has become a large employer in Minnesota since opening a fulfillment center in Shakopee. The Amazon fulfillment center in Shakopee, Minnesota is a giant warehousing and shipping facility, which will employ upwards of 1,000 workers. This is great news in terms of local job creation but also brings with it a host of other concerns. Amazon has been accused of mistreating its warehouse employees in a variety of ways, including in the realm of workplace injuries.

Most of the positions available at the new Shakopee warehouse will be for “fulfillment associates”, a position that requires employees to compete against one another by filling online shoppers’ purchases. This position requires employees to work as fast as they can for as much as ten hours at a time. Each fulfillment associate’s performance will be monitored closely and if the associate’s pace is deemed to be too slow, he or she will be terminated. Many of these positions will offer no job security and carry a very serious risk of injury. This is particularly concerning because of Amazon’s history where the safety standards of their warehouse employees have been questioned with its responsibilities under the Workers’ Compensation Act.

Thousands of employees in Minnesota work in manufacturing, construction, and warehouses, which requires the operation of heavy machinery and exposes workers to the risk of serious injury, even including death. For example, warehouse employees, including those working in Amazon fulfillment centers, are required to repeatedly lift heavy objects, operate forklifts, pallet jacks and other tools. This can cause ergonomic injuries to the back, neck, shoulders or knees over the course of time. Injuries referred to as “slip and trip” injuries are common in warehouses due to the presence of loose material such as sawdust, and liquid or boxes on the floor. Fall injuries are also fairly common because employees frequently work on raised platforms. In addition, in 2014 a Boston workers’ compensation attorney posted an article on their blog site stating that according to Occupational Safety and Health Administration (OSHA), two workers were killed within a 6 month timeframe while on the job. In December of 2013, a man was crushed to death at an Amazon fulfillment center after getting caught in a machine while sorting packages. Less than six months later, a woman working at an Amazon warehouse operating a power jack was died when boxes fell on her.

Despite what Amazon, or any other employer may tell you, when you sustain an injury on the job (serious or otherwise) your employer has certain responsibilities, including a duty to report the injury to the appropriate workers’ compensation office. It is very important that you report any injury that occurs at the work place because this will protect your potential benefits under the Workers’ Compensation Act. A compensable workers’ compensation injury could be a knee injury after slipping or falling on the job or could be an onset of neck or back pain from repetitive lifting or bending without any specific incident.

If you sustain an injury on the job, it is important that you contact an attorney who is knowledgeable in the area of workers’ compensation. Unfortunately, your employer will not always give you full and accurate information about the workers’ compensation system and the benefits to which you may be entitled. For example, according to a 2011 article by LawyersandSettlements.com, one strategy that Amazon has tried to implement in an effort avoid workers’ compensation liability is hiring a third party staffing agency, such as Integrity Staffing Solutions (ISS). By doing this, Amazon claims it is not the injured person’s employer instead ISS is the employer, and therefore Amazon is not liable for the injured worker’s wage loss or medical benefits. Whether Amazon would actually be considered your employer for purposes of workers’ compensation depends upon the unique facts of your case. But either way, your eligibility for wage loss, medical benefits and rehabilitation assistance under the Workers’ Compensation Act would remain the same.

Meuser Law Office, P.A. has handled thousands of workers’ compensation cases in the state of Minnesota, including warehouse injury claims. If you have been injured on the job, call Meuser Law Office, P.A. for a free no-obligation consultation to understand your rights. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Call us today at 1-877-746-5680.

by Ashley Biermann
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