Retraining and Work Comp in Minnesota

Retraining is a benefit available in the state of Minnesota under the Workers’ Compensation Act. Retraining is a formal education program paid by the work comp insurer which is designed to assist an employee in returning to suitable gainful employment. Retraining may include vocational technical programs or post-secondary education, depending on the employee’s skillset and physical restrictions.

Retraining differs from other types of rehabilitation benefits, wherein an employee may engage in job search with the assistance of a QRC (Qualified Rehabilitation Consultant) to find suitable gainful employment outside of the date of injury employer. Retraining is also different than permanent total disability benefits, wherein an employee is not able to return to suitable gainful employment at all.

The retraining program must be approved by the insurer or court ordered and must be requested before 208 weeks of a combination of temporary total or temporary partial disability benefits are paid. Under Minnesota Statute 176.102, subdivision 11 (d) insurer must provide employees notice of the 208-week limitation for filing a request.

While an employee is in a retraining program, he or she is also entitled to wage loss benefits for up to 156 weeks. These benefits are paid out at the same rate as temporary total disability benefits (TTD) or two-thirds of an employee’s average weekly wage. These benefits are also non-taxable. These benefits are separate and distinct from temporary total disability benefits and temporary partial disability benefits; therefore, even if an employee reaches the 130-week cap on TTD or 225-week cap on TPD, he or she may still be entitled to retraining wage loss benefits.

First a QRC will perform an evaluation to determine whether retraining is appropriate. This evaluation may include vocational testing and an examination of the employee’s scholastic skills and physical capabilities as well as a labor market study. The QRC will then create a retraining plan proposal that will include: the type of program, costs, appropriateness and feasibility that the employee will complete the program. The QRC’s role in formulating an appropriate retraining plan cannot be understated and it’s an important reason to request your own QRC, not the one assigned by the insurer or employer. You have up to 60 days to elect a change in a QRC, after the QRC has filed his or her rehabilitation plan.

Typically, police officers or firefighters whose public service careers are cut short by a life-changing injury or injuries make excellent retraining candidates. Police officers and firefighters may have worked in his or her field for an extended period of time, have a limited educational background in law enforcement or fire science, and are high wage earners. They also may have another 10 - 15 years before he or she reaches retirement age. These injured workers may need additional education to assist them return to work in a field that pays comparable to their pre-injury careers.

The formulation and approval of a retraining plan is a lengthy and often tedious process with frequent court involvement. Typically, employees must perform extensive job search efforts before retraining is even considered. Some employees prefer to negotiate a settlement and use the monies to pursue their choice of study rather than jump through the work comp insurer’s hoops to be approved for a program in a field he or she may not truly want to study.

If you believe that you are eligible for retraining benefits or have questions regarding a potential workers’ compensation claim, contact the experienced attorneys at Meuser Law Office, P.A. We are one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We have represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Meuser Law Office, P.A. will 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 at 1-877-746-5680 for a free, no-obligation case evaluation and consultation.

by Mary Beth
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Can I Move to Another State While Collecting Minnesota Workers’ Compensation Benefits?

I have been asked many times by injured employees, “Can I move out of state? Will this affect my Minnesota workers’ compensation benefits?” The answer I always give my clients is it depends. And, it truly does depend on a number of factors, including the location of the move and the type of benefits involved. But, we can typically find a way to make the out-of-state move work while still protecting all of the injured workers’ benefits.

Factor 1: Can you perform a diligent job search in your new location?

If an injured employee is completely off of work and collecting temporary total disability (TTD) benefits, he or she is required to conduct a diligent job search. There is no case law or statute that specifically defines “diligent job search” or specifies the number of job contacts that must be made or the geographic area within which jobs must be sought. Rather, whether a diligent job search has been conducted is a fact question for the judge.

The central question I ask my clients when assessing this factor is what is the new area like? Is it a city or a small town? Are there going to be job opportunities there? Will those job opportunities be similar to those that are available in the city they are currently living in? If my client is looking to move to a city that is similarly situated in terms of size and job opportunity then I’m typically confident that he or she will be able to perform a diligent job search in the new location. Of course, if you move to the new location for a job offer, this factor is largely moot unless the job does not come close to replacing your date of injury wages.

Factor 2: Would you be deemed to have withdrawn from the labor market in your new location?

Under Minnesota Statutes section 176.101, subd. 1(f), an employee’s temporary partial disability benefits shall cease if the employee withdraws from the labor market; however, moving to a new community does not preclude an employee from receiving wage loss benefits if there is a reasonable expectation of earning a reasonable livelihood in the town of destination. This is the proper test for determining whether your wage loss benefits will cease after moving to a new community.

If the injured worker moves to a new community where the employment prospects are substantially worse, or virtually non-existent, his or her wage loss benefits will be in jeopardy. The insurer will argue that the move is the reason why the employee cannot find work, not the work injury. An example I often use with clients is a move from the Twin Cities to a small town in Montana. It is fairly clear in this circumstance that the Twin Cities offers greater employment opportunities and the insurer may be able to make a colorable argument that the employee is effectively withdrawing from the labor market. It is a fine line though. The Workers’ Compensation Court of Appeals in Giles v. Minnesota Department of Transportation determined that a move from the Twin Cities to Albert Lea was not sufficient to cut off wage benefits under this theory. The court ruled that Albert Lea was not so sparsely populated to the point where job opportunities were virtually non-existent.

If an insurer does cut off your wage benefits because of a move, benefits can be restarted if you reenter the labor market prior to 90 days after reaching maximum medical improvement (MMI) and before receiving 130 weeks of TTD.

Factor 3: What impact does an out-of-state move have on my rehabilitation benefits?

If an employee voluntarily relocates to another city or town, the same analysis is used for rehabilitation benefits. You will still be able to seek rehabilitation services, including vocational rehabilitation services from your qualified rehabilitation consultant (QRC) as long as there is a reasonable expectation of earning a reasonable livelihood in the town of destination.

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 Ashley Biermann
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Am I Eligible for Rehabilitation Benefits if I Have Quit My Job?

Frequently, employers and insurers who are involved in Minnesota workers’ compensation cases do not understand that even if an employee separates from his or her date of injury employer, he or she is still entitled to rehabilitation services of a Qualified Rehabilitation Consultant (QRC). These rehabilitation services include job placement services. A QRC will help an injured worker return to work at a different job within his or her restrictions.

If an employer and insurer terminates rehabilitation services through a rehabilitation request and is refusing to provide job placement services, the injured worker should file a rehabilitation request. The issue must be certified as a dispute under Minnesota Statute § 176.081, subdivision 1 (c). After a mediator at the Department of Labor and Industry (DOLI) will determine whether a genuine dispute exists between the parties and the matter will be scheduled for a rehabilitation conference at DOLI.

As long as an employee remains a qualified employee under Minnesota Administrative Rules part 5220.0100 subpart 22, an employee is entitled to rehabilitation services, including job placement services. In order to be a qualified employee, the employee must be:

(a) permanently precluded or likely to be permanently precluded from his or her usual occupation or job he or she held at the time of the injury;
(b) cannot reasonably be expected to return to suitable gainful employment with the date of injury employer; and
(c) can reasonably be expected to return to suitable gainful employment with rehabilitation services.

By definition if PERA has awarded a Minnesota police officer, firefighter, first responder, or deputy sheriff Duty Disability benefits, he or she is a qualified employee. In order to receive PERA Duty Disability benefits, two doctors must opine that the worker’s disability prevents him or her from working as a police officer or firefighter for at least one year.

Once PERA awards an employee Duty Disability benefits he or she must separate from the county or city. If the police officer or firefighter is working light duty, he or she must separate within 45 days. The injured worker may return to work in a different capacity but he or she cannot work in a position covered by the PERA Police and Fire Plan.

Members who qualify for PERA Duty Disability benefits are actually incentivized to find employment in a non-police and fire plan position. If he or she is not working, the injured worker’s wages are capped at 100% of his or her “high five” between PERA benefits and workers’ compensation wage loss benefits. But if he or she is able to work elsewhere, the member’s wages are capped at 125% among PERA, work comp, and the new job. After the member’s wage reaches 125% then the PERA benefits are reduced a dollar for every three dollars.

Accepting PERA Duty Disability benefits do not signify that the employee is withdrawing from the labor market. The injured worker merely cannot work in the same capacity in which he or she worked before the injury and disabling condition. Injured workers should complete and track his or her job search in order to demonstrate a desire to return to work.

In the Minnesota workers’ compensation case, Erickson v. City of St. Paul, the employee resigned from his employer, who was accommodating his restrictions, in order to accept PERA benefits. (slip. op. (W.C.C.A. April 16, 2007)). The employer and insurer argued because he voluntarily resigned he was not qualified for rehabilitation services, specifically retraining benefits. The court noted that the employee qualified for PERA benefits because of his disability, not because he restricted and that whether an employee is “employed, voluntarily terminates his employment, retires, or relocates does not terminate his or her entitlement to rehabilitation services.”

If an employee does not resign from the position covered by the PERA police and fire plan, he or she will lose entitlement to non-taxable income, 60% of his or her “high five,” health insurance benefits, and survivor benefits. Refusing a job offer does not cut off rehabilitation services nor does being fired for misconduct. Hugill v. Benton County, 64 WCD 220 (2004); Conklin v. Becker County Dev. Achievement Ctr., Slip op., No. WC 10-210 (WCCA Apr. 28, 2011). The court noted in Boutto v. U.S. Steel Corp. that an employee’s decision to accept the employer’s retirement incentive package should not place him in a worse position than someone discharged for misconduct. (July 18, 2007 WC06-288.)

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. If your employer or insurer has denied rehabilitation services, contact an attorney at Meuser Law Office, P.A. for a free, no-obligation consultation. Our knowledgeable attorneys handle Minnesota workers’ compensation cases on a daily basis and are very familiar with the most current laws to determine what you are eligible for. We will ensure you receive the full benefits you are entitled. Call us today at 1-877-746-5680.

by Mary Beth
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My Employer Offered Me Light Duty Work, Do I have to Accept This Job?

When you sustain an injury during the course and scope of your employment and file a claim for workers’ compensation, both you and your employer have some choices. We can assure you that your employer will make decisions in their best interest so it’s important for you to understand the process and know your rights, particularly when it comes to accepting light duty work.

The first step is to seek medical treatment after which your medical professional (doctor, physicians assistant, psychologist, chiropractor, etc.) will generally issue you restrictions. First and foremost, we at Meuser Law Office P.A. advise our clients to get these restrictions from your treating physician in writing. Documentation is key to successfully navigating the workers’ compensation system. The restrictions can be more general or it can describe exactly what tasks you can and cannot perform in your current physical capacity. Often times these restrictions prevent injured workers from performing the vast majority of their prior job functions.

If your claim is “admitted,” meaning your employer has accepted primary liability for your work injury and the employer acknowledges that you sustained a work injury during the course and scope of your employment, then employers have a choice. If they have a “light duty” position available they will offer it to you or they will pay you ongoing wage loss benefits. Positions may include general office work or duties which are not quite as strenuous as your previous job. If you are completely precluded from returning to work as a result of your work injury then the wage loss benefit to which are you owed is called Temporary Total Disability benefits (TTD). TTD benefits are paid out at a rate of 2/3 of your average weekly wage, generally an average of the 26 weeks worked before the date you were injured.

Clients often ask if they can choose to receive TTD benefits rather than returning to work in a different position. This option is attractive because it gives injured workers time to recuperate from their injury and sometimes, even sitting at a desk can be painful. If your employer offers you light duty, generally you must accept this accommodated position. Not accepting an “offer of gainful employment” as defined under the Minnesota Workers’ Compensation Act can have dire effects on your future entitlement to wage loss benefits.

Failing to accept a suitable job offer as defined in the Minnesota Work Comp Act prevents you from receiving future Temporary Total Disability benefits. But, employers may offer you light duty work that is not suitable as defined under the statute. You should have an experienced work comp attorney review your case and assess whether or not this accommodated position is truly suitable. To assist with this process, we request that our clients be assigned a Qualified Rehabilitation Consultant (QRC) as soon as possible. QRCs act as an intermediary to help assess if a position is truly suitable for injured workers. They can perform on-site job analysis and are valued participates in the return-to-work process.

An offer of “gainful employment” may be unsuitable if:

• it requires an employee to relocate
• it is outside your physical restrictions
• requires a “substantial alteration” in your lifestyle
• requires you to move from day-time shifts to night-shifts

It’s also very important to note that what’s generally good practice in a work comp claim may ruin your chances of receiving PERA Duty Disability benefits. If you are firefighter, police officer, corrections officer, or paramedic applying for PERA Duty Disability benefits, accepting a light duty position can have unintended consequences on the approval of your PERA Duty Disability application. If you have both a work comp and PERA Duty Disability claim you should consult with attorneys who extensively practice in both areas of the law. Ask your attorney how many PERA cases they have handled, if they've taken them to formal hearings, and how will one area affect your benefits in another area.

Employers often use light duty positions to encourage employees to quit by offering highly undesirable positions. Consult with an attorney to asses your options sooner rather than later. Don’t let them use this as a tool against you. We can help you know your rights, speak up, and ask questions.

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. 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 Mary Beth
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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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Do You Need a Functional Capacity Evaluation (FCE)?

Sometimes undergoing a Functional Capacity Evaluation (FCE) can help your Minnesota workers’ compensation case if there is a dispute over the extent of your physical restrictions. Oftentimes the restrictions issued by your treating physician will differ from those issued by the insurance company’s doctor after undergoing an Independent Medical Exam (IME). An FCE can provide clarity and objectively show that an injured worker has physical restrictions. Sometimes a treating physician will refer an injured worker for a FCE and the insurance company will deny the testing.

A Functional Capacity Evaluation is a series of objective tests used to determine an injured workers’ functional limitations. After the evaluation is completed, an injured worker’s treating physician will examine the results of the FCE and then issue permanent restrictions.

The testing can take anywhere from a few hours to a few days. Testing also generally involves an interview to determine why types of conditions you have both work and non-work related, types of treatment you’ve undergone, type and intensity of symptoms, and how your symptoms impact your daily living activities. Testing includes performing simulated work tasks such as lifting, pushing and pulling, squatting, overhead activities, and other relevant physical activities.

While injured workers are not expected to continue to perform activities that cause him or her pain, the goal is to determine the maximum abilities that he or she is able to perform. So it is important to tell the tester when the activity causes the employee pain and it’s critical not to exaggerate symptoms during testing. The people who administer FCEs are experts and will be able to tell if the injured worker is exaggerating any symptoms. It will hurt your Minnesota workers’ compensation claim if the tester documents that the employee is exaggerating his or her symptoms.

A FCE report will then be created after the employee completes the testing. An FCE report typically lists limitations on weight lifting, bending, twisting, pushing, pulling, kneeling, overhead work, sitting or standing for prolonged periods. The FCE report is often extensive and can provide valuable evidence in a workers’ compensation hearing.

Typically, a Functional Capacity Evaluation takes place after an injured worker reaches Maximum Medical Improvement, also referred to as MMI. A treating physician will determine that an injured employee is at MMI when he or she has reached a plateau in treatment or he or she is as good as he or she is going to get and no new treatment is anticipation or recommended.

Qualified Rehabilitation Consultants (QRCs) may use the results from the Functional Capacity Evaluation to determine suitability of light duty or employment with a new employer. A QRC may then use these permanent restrictions to come up with a plan to get the employee back to work and may even use them to propose a retraining plan, if the restrictions are preventing the employee from re-entering the workforce in a position that pays similar to his or her pre-injury wage.

After receiving the results of a FCE the employer may determine that it cannot accommodate an employee’s permanent restrictions and then may terminate the employee. Separating from a date of injury employer is not always a bad thing and it’s important to consult with an attorney to help with this process. The results from a Functional Capacity Evaluation can help to leverage a workers’ compensation settlement as well. In cases with employees who have PERA or MSRS Duty Disability claims it can provide valuable evidence that the date of injury employer can no longer accommodate the police officer, firefighter, deputy sheriff, corrections officer, or state trooper’s permanent restrictions.

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 extensive 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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What Can and Can’t I Do While on Work Comp Light Duty Restrictions?

Not all employers have modified positions for employees injured on the job in Minnesota but some do provide a temporary alternative work option while workers have restrictions. This is referred to as “light duty”. While working light duty some injured workers may still receive temporary partial disability benefits (TPD). Other workers may not be entitled to any temporary partial disability benefits at all because while he or she may be working a modified position the pay and the hours are still the same as the injured workers’ pre-injury wage.

Clients often call Meuser Law Office, P.A. and ask what activities they can and cannot do while on light duty restrictions. Whether it be at work or outside of work, the rule is whatever your doctor tells you. It’s very important in the Minnesota workers’ compensation system to obtain written restrictions from your doctor each time you treat with a physician. These restrictions help document what duties you can and cannot do. If your employer tries to encourage you to work outside of your restrictions, you are then able to point to the written restrictions.

You may have a Qualified Rehabilitation Consultant or “QRC” you are working with in your work comp claim who can help to ensure that your light duty position is in fact within your restrictions. The QRC can perform a job site analysis to check that the job duties are within your restrictions. If you do not have a QRC you should contact an attorney right away to help get one appointed to your case. There are time limits in which you can choose your own, which can impact your Minnesota workers’ compensation claim.

Sometimes employers try to play games with light duty. They may create temporary positions that they know the injured worker will hate in an effort to get him or her to quit and turn down light duty work. This kind of action has severe negative consequences in the work comp system. Other times an employer will say they have light duty work and tell the employee to follow his or her restrictions but then give work outside the restrictions and blame the injured worker for not following the restrictions and later argue that he or she does not actually have restrictions if he or she can do all the job duties. Also, if you are a first responder accepting a light duty position can impact your PERA benefits as well as your workers' compensation benefits. It is extremely important you have an experienced attorney working on your behalf to ensure you receive all the benefits you are entitled.

Injured workers often ask what activities they can perform or take part in outside of work.  We typically receive questions such as:

o Can I mow the lawn?
o Can I shovel snow?
o Can I lift my groceries?
o Can I garden?
o Can I work on my car?

If your restrictions from your doctor say no lifting more than 10 pounds—then no lifting more than 10 pounds at or outside of work. If you could mow the lawn at work, then you can mow the lawn at home. If could you shovel snow at work, then you can shovel snow at home.

First of all, doing activities outside your restrictions at home could prolong your recovery and make your injury worse. Second, the insurance company may also hire a private investigator to conduct surveillance and video record you. If you are recorded doing activities outside of your restrictions that may be presented as evidence against you in a workers’ compensation hearing in front of a judge. Therefore, it’s important that you follow your restrictions both at work and at home.

Don’t wait to get an attorney involved if you have been injured on the job or in the line of duty. The Minnesota workers’ compensation claim process can be complex and you want to be sure you receive the full benefits you are entitled. Contact the experienced attorneys at Meuser Law Office, P.A. today for a free no-obligation consultation. We can answer any case specific questions about light duty jobs, make sure you have a QRC who has your best interest in mind, and assist you with any other questions you may have. 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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Do I Need a Work Comp Attorney If I’m Being Paid?

If you have sustained an injury, either in the line of duty or while on the job, it is in your best interest to hire an attorney experienced in Minnesota workers’ compensation and PERA/MSRS law to represent you. Sometimes injured workers are reluctant to hire an attorney if they are currently receiving ongoing workers’ compensation benefits and the work comp insurance company has paid all their medical bills. Typically, it’s not if there will be a dispute with the insurance company, it’s when there will be a dispute, and you will want an attorney representing you, familiar with your case, and prepared to handle any disputes right away.

If the work comp insurance carrier is paying all the benefits to which you are owed, then no fees are charged. All workers’ compensation attorneys are paid the same in the State of Minnesota: 20% of wage loss benefits recovered after a dispute. These fees are paid directly to your attorney from the insurance carrier so you do not have to worry about writing a check. You also do not have to pay any money up front or any kind of retainer.

If there is a dispute over medical care and treatment, then the attorney will charge the insurance company on an hourly basis for the work done for procuring the employee’s medical care. These fees are called Roraff fees and are separate and distinct and do not come out of money owed to the injured worker.

Why do I Need an Attorney?

(1) It’s helpful to have an attorney handling your case because you can consult him or her with your questions and concerns, and trust that you are getting accurate information from someone with your best interest in mind. An attorney will answer you questions in a timely fashion and ensure that your interests are put above the interest of the insurance company.

(2) Work comp attorneys in the State of Minnesota work on a contingency basis, therefore, you can call and ask your attorney questions or even meet with your attorney without worrying that you will be billed for every minute you spending talking with them.

(3) The adjuster assigned to your case will be speaking and consulting with their own attorneys, looking for ways to save the insurer and employer money.

(4) Attorneys can help you avoid a dispute before one arises. For example, your attorney may advise you not to turn down a light duty position. If you turn down the light duty position, then the adjuster from the insurance company may use this as a reason to cut off your Temporary Total Disability (TTD) benefits.

(5) An attorney can help you choose your own Qualified Rehabilitation Consultant or “QRC.” An injured worker may choose his or her own but the insurance adjuster will not inform you of that option.

(6) The adjuster can take a recorded statement, which is like a deposition but less formal. Having an attorney present for this can help ensure the adjuster is asking the appropriate questions.

(7) Even if the insurance company is paying ongoing workers’ compensation benefits and medical benefits the adjuster may still send you to an Independent Medical Exam or an “IME.” This doctor is not independent and does not have your best interests in mind. The purpose of this examination is to give the insurance company a reason to discontinue your benefits. An attorney will prepare a summary of your medical records and specific questions to your treating doctor so that the doctor can combat the IME’s report with a narrative report.

(8) If you wait until you retain an attorney when the insurance company does cut off your benefits, it will take more time for your attorney to become familiar with your case and request medical records as well as records form the Department of Labor and Industry, which may delay the time in which your wage loss benefits are reinstated.

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. 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 Mary Beth
More posts by Mary Beth

When am I Entitled to Rehabilitation Services in Work Comp?

The purpose of rehabilitation services in Minnesota workers’ compensation is to help injured workers return to work. Some injured workers are able to return with their former employer in a modified position. Other injuries may prevent the employee from returning to the same position with the date of injury employer and he or she may need assistance with finding employment elsewhere. And in some situations injured workers may need additional training or skills to find suitable employment.
Minnesota Statute § 176.102, subdivision 1(b) governs rehabilitation services under the Minnesota Workers’ Compensation Act:

Rehabilitation is intended to restore the injured employee so that the employee may return to a job related to the employee’s former employment or to a job in another work area which produces an economic status as close as possible to that the employee would have enjoyed without disability.

Rehabilitation in workers’ compensation include services such as vocational rehabilitation and medical management. Vocational rehabilitation can entail: job counseling, job analysis, vocational evaluation, job modification, job development, job placement, labor market surveys, vocational testing, transferable skills analysis work adjustment job-seeking skills training, on the job training, and retraining. Minn. R. 5220.0100, subp. 29.

An injured worker may request a Rehabilitation Consultation or an insurer may provide one on its own volition. A Rehabilitation Consultation is performed by a Qualified Rehabilitation Consultant, more commonly referred to as a QRC. QRCs are licensed by the State of Minnesota and assist injured workers with medical management and with vocational rehabilitation or getting the injured worker back to work. Nurse case managers are not QRCs and do not perform the same tasks. During a Rehabilitation Consultant the QRC conducts an interview of the employee and may examine medical records and reports from the employer and insurer to determine whether or not the injured worker qualifies for rehabilitation services.

If the QRC determines that the employee is a “qualified employee” then a QRC will begin to perform medical management and other rehabilitation tasks on behalf of the injured worker. Generally, an injured worker is a qualified employee if: (1) the employee is unable to do his or her normal job duties because of the injury; (2) the employer is unable to provide suitable light duty; and (3) the services will benefit the injured worker. If there is a dispute over whether or not the injured worker is a “qualified employee” then a rehabilitation conference is scheduled at the Department of Labor and Industry and an arbitrator will decide.

A QRC will then develop a rehabilitation plan that outlines the specific vocational goals and services needed to reach those goals. This plan is then filed with the State of Minnesota. Rehabilitation services, including payment of the QRC for his or her time is the responsibility of the insurer.

An employer has the right to choose his or her own QRC. But, most insurers will not tell employees of this right and instead appoint their own. While QRCs are technically neutral third parties, if a QRC is appointed by the insurer, then this QRC will not be looking out for the injured worker’s best interest and will instead be trying to save the insurance company as much money as possible. Having a good QRC who is working in your best interest can be vital to your workers’ compensation claim. If the insurer has already appointed a QRC, the injured worker has two months from that date in which to request a change in QRC, to which the insurer cannot object.

If the insurer has appointed a QRC in your case, call us as soon as possible so that we can help you request a reputable QRC to represent you. Contact Meuser Law Office, P.A. for a free no-obligation consultation. The attorneys at Meuser Law Office, P.A. can explain how rehabilitation services work in more detail and ensure you are receiving all the benefits to which you are entitled under the Minnesota Workers’ Compensation Act. Call us today at 1-877-746-5680.

by Mary Beth
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Minnesota Workers’ Compensation: Work Restrictions

One of the most important factors in any Minnesota workers’ compensation case is the nature and extent of any light duty work restrictions that have been assigned to the injured worker. If you’ve sustained an on-the-job or in the line-of-duty injury in Minnesota, and your doctor has instructed you to limit or restrict your work and/or leisure activities, these limitations are referred to as work restrictions. Generally, in order to claim entitlement to Minnesota Workers’ Compensation Benefits, an injured worker must demonstrate restrictions on his or her ability to perform her normal work duties.

Your doctor may provide you with a workability report documenting your limitations, or he or she may instruct you to avoid performing specific work activities. If you have concerns about your ability to perform your normal job activities following a work injury, it is critical that you discuss these concerns with your doctor. If your doctor tells you to restrict your work activities, you need to have your doctor provide you with a note or workability form documenting your limitations. Documentation of your work limitations as the result of a work injury must be provided to your employer. Your employer may offer you a light duty job to accommodate your restrictions.

As Minnesota workers’ compensation attorneys, here are some common questions that we as are asked about work restrictions in the context of Minnesota workers’ compensation and PERA Duty Disability:

• What if I can’t do my job because of my light duty restrictions?

If you can’t perform your normal job duties, your employer may provide you with light duty work, they may make accommodations to your job duties to meet your restrictions, or they may give you an alternative assignment that is within your limitations. If your employer cannot accommodate your restrictions, and as a result, you can’t work at your regular job, you may be entitled to Minnesota workers’ compensation wage loss benefits and/or rehabilitation benefits.

• I'm afraid that I will be fired if I report my work restrictions. What should I do?

If you are injured at work in Minnesota, you’re required to provide documentation of any work restrictions to your employer. Failure to do so can hurt your legal rights. More importantly, however, if you continue to work outside your restrictions, you may make your injury worse. Your employer cannot fire you for having work restrictions under Minnesota Statute § 176.82.

• I have light duty restrictions, but my employer won’t let me come back to work unless I’m 100% cleared for full duty, what should I do?

If your employer cannot provide you with light duty work and you have work restrictions because of an on-the-job injury, the workers’ compensation insurance company should be paying you wage loss benefits while you’re off work. You may also be entitled to rehabilitation assistance from a Qualified Rehabilitation Consultant (QRC). Don’t let your employer pressure you into being released to full duty before you’re ready. Returning to full-duty work before you’re physically ready to do so can adversely affect your legal rights, and more importantly, it can adversely affect your health.

• My employer isn’t following my restrictions. They keep asking me to do work that’s outside of my restrictions, or they’re giving me a hard time about my inability to do full duty work. What should I do?

An employer cannot force you to perform work that exceeds your physical restrictions. However, we do see cases where an employer harasses an injured worker who can’t perform full duty activities, or where an employee is routinely asked to perform tasks that exceed his or her restrictions. Depending on the specific circumstances of the case, there are a number of things that can be done to address this situation. In some instances, the injured worker’s doctor may deem it appropriate to issue more specific work restrictions, or request a rehabilitation consultation with a Qualified Rehabilitation Consultant (QRC), and seek approval for an on-site job analysis. A Minnesota workers’ compensation lawyer can help you if your employer is trying to force you to perform work that exceeds your light duty restrictions. As a rule, an injured worker should not perform work that exceeds his or her restrictions.

• I’m working light duty, but I’m still having trouble doing some of my job duties even though they’re within my doctor’s restrictions, what should I do?

You should discuss the situation with the doctor and explain the specific job duties that are causing your problems. If appropriate, your doctor may clarify or adjust your restrictions to help you avoid those job activities that are causing you difficulty. A Qualified Rehabilitation Consultant (QRC) can also help to document the difficulties you are experiencing and address these concerns with your doctor.

• My restrictions are now permanent. My employer can’t provide me with a permanent light duty job. Am I going to lose my job?

Most employers are generally not required to offer permanent light duty positions, so unfortunately, if your employer cannot accommodate your permanent light duty limitations, you may be terminated on that basis. As Minnesota workers’ compensation lawyers, while we do encounter employers who make a good faith effort to place an injured worker in a different permanent light duty position, more often than not, the employee is terminated.

The good news is that if your employer cannot accommodate your permanent light duty restrictions, and you are terminated as a result, you are likely eligible for wage loss benefits while you look for a new, physically and economically suitable job. You are also likely eligible for the assistance of a Qualified Rehabilitation Consultant (QRC) who will provide vocational rehabilitation services, including job placement services or retraining plan development, to help place you in a new job. Your employer may provide you with a QRC but, as work comp attorneys, we can refer you to one that is working in your best interest.

If you have permanent restrictions, or if you’re likely to have permanent limitations once you’ve completed treatment for your injury, it is wise to speak with a Minnesota workers’ compensation lawyer. The more significant your injury, in the insurance company's eyes, the more costly it will be. If it is evident early on during the course of your case that you will have significant permanent restrictions as a result of your injury, the insurance company will be looking for ways to minimize their costs, including coming up with strategies to try to cut off your eligibility for benefits. If you’re suffering from a significant work-related injury, retaining a workers’ compensation lawyer early on in your case can help avoid costly problems down the road.

• I don’t have written restrictions – I’ve just been watching what I do at work and avoiding activities that cause me difficulty. Do I need written restrictions?

Written documentation of your work restrictions is ALWAYS, repeat ALWAYS, better than simply just watching what you do at work. If there’s ever a dispute about your ability to do your job, while your testimony about limiting your work activities can be used to support your claim, written documentation of your restrictions is much, much stronger. We’ve seen this situation go awry for countless injured workers. Written work restrictions go a long way towards protecting your legal rights.

• My doctor has given me work restrictions, but the insurance company’s independent medical examiner (IME) says I can return to work without restrictions. My employer is telling me I can return to work without restrictions. What should I do?

You should speak with a Minnesota workers’ compensation attorney. If your claim has not already been denied, it will be soon. That being said, what an injured worker should do in this situation is largely based on the circumstances, and a Minnesota workers’ compensation lawyer can instruct you on the best course of action. In some circumstances, the injured worker should continue to follow his or her doctor’s orders. Or, it may be appropriate for the injured worker to try to return to work and see how it goes. We may advise that the injured worker undergo a Functional Capacity Evaluation (FCE) to get an objective measure of that worker’s limitations.

• I have work restrictions due to an on-the-job injury, and I'm being laid off. Am I eligible for workers’ compensation benefits?

Generally, yes. If you are laid off for reasons other than your work injury, but as a result of your work restrictions, you suffer a loss of earning capacity, you may be eligible for wage loss and/or rehabilitation benefits. Claims for wage loss benefits by workers who were laid off are routinely disputed by workers’ compensation insurance companies. Contact a Minnesota workers’ compensation attorney to assist you with the process.

• I have a work injury and work restrictions, and my employer says I was terminated "for cause." What should I do?

You should contact a Minnesota workers' compensation lawyer immediately. While Minnesota law prevents employers from terminating an employee in retaliation for filing a workers' compensation claim, unfortunately we see cases on a regular basis where an injured worker who is under light duty restrictions suddenly becomes targeted for write-ups, discipline, and firing, after they're been hurt. Termination for misconduct can be a basis for denial of benefits in some workers' compensation cases. That being said, "termination for cause," is not the same thing as "termination for misconduct." Even when an injured worker with work restrictions has been terminated for alleged misconduct, he or she may be entitled to wage loss and/or rehabilitation benefits.

If you have permanent restrictions, or if you’re suffering from a significant work-related injury, a Minnesota workers’ compensation lawyer can help you protect your rights and your future. 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.

by Jen Yackley
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What Are the Different Types of Administrative Conferences in Work Comp?

Work comp in the State of Minnesota is an administrative body of law organized under the Minnesota Worker’s Compensation Act. Admitted work comp claims are claims in which the insurer has accepted primary liability and is paying some type of ongoing benefit. When disputes arise in admitted cases, administrative conferences are scheduled in an attempt to resolve them before the parties go to a formal hearing, which is the work comp equivalent of a trial. There are several types of administrative conferences which may be scheduled for each different type of dispute, each with its own type of judge presiding. Meuser Law Office, P.A. has years of experience representing injured employees as well as Minnesota’s first responders including police officers and firefighters in these administrative conferences:

(1) Rehabilitation Conference

Rehabilitation conferences are held at the Department of Labor and Industry (DOLI). Rehabilitation conferences are used to resolve disputes about rehabilitation services. Common issues at rehabilitation conferences include issues such as: whether or not an injured worker is a qualified employee and therefore entitled to a rehabilitation consultation performed by a Qualified Rehabilitation Consultant (QRC), whether an employee is still entitled to a QRC if he or she turned down suitable employment, or disputes over QRC bills to the insurer.

A DOLI mediator, sometimes known as a specialist, facilitates rehabilitation conferences. If the parties cannot agree then the DOLI mediator issues a formal written decision. This decision may be appealed by either party and then would be set for a formal hearing in front of a Workers’ Compensation Judge at the Office of Administrative Hearings.

In most cases insurance adjusters are represented by attorneys at these proceedings, even though the adjuster may have been the one to file a rehabilitation request with the State of Minnesota. Either party can file a rehabilitation request and if the dispute is certified a DOLI mediator will schedule a conference.

(2) Medical Conference

Medical conferences are also held at the Department of Labor and Industry and facilitated by a DOLI mediator as well. Medical conferences are used to resolve disputes about an injured worker’s medical care. Common issues at medical conferences include: the employee’s ability to change a treating physician, outstanding chiropractic bills, and proposed medical procedures.

Either party can file a medical request and either party may appeal the mediator’s decision if the dispute is unable to be resolved and the matter will be scheduled for a formal hearing.

Medical and Rehabilitation conferences are more informal than .239 or NOID conferences and generally carry less weight and impact as these decisions are typically appealed and set for a formal hearing.

(3) .239 or NOID Conference

.239 or NOID (Notice of Intent to Discontinue Benefits) conferences are scheduled when an employer and insurer attempts to cut off an employee’s ongoing wage loss benefits. Benefits are paid up until the date the notice is served on the employee or the employee’s attorney. It is vital for an employee or an employee’s attorney to object right away to preserve his or her right to object to the discontinuance of the injured worker’s wage loss benefits.

These conferences are held at the Office of Administrative Hearings in front of a judge. The judge will issue a written determination and benefits will either continue to be suspended or the employer and insurer will be ordered to back pay the injured worker and to continue paying the benefit. Either party may appeal the decision and the matter will be set for a formal hearing. But, if an injured worker loses at the NOID or .239 conference he or she will not be paid ongoing work comp benefits and may not receive money until an insurer is ordered to so do after a successful formal hearing.

If your case has been scheduled for a rehabilitation conference, medical conference or a .239/NOID conference, contact Meuser Law Office, P.A. for a free no-obligation consultation. 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. 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 various benefits such as medical care, rehabilitation services and wage loss. The knowledgeable attorneys at Meuser Law Office, P.A. can represent you at any of these proceedings and help make the process easier to navigate.   Contact us today by calling 1-877-746-5680.

by Mary Beth
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PTSD and Psychological Injuries: Eligible Benefits

According to the Mayo Clinic, Post-Traumatic Stress Disorder (“PTSD”) is a “mental health condition that is triggered by a terrifying event—either experiencing it or witnessing it.” PTSD onset can be unpredictable: it may occur after a single event or several events; it may occur in response to a dangerous or harmful event that occurred to a loved one; or it may occur soon after the event or several months or even years after. Additionally, some individuals who face traumatic events do not develop PTSD. 

Like any injury, PTSD takes time to heal and requires the help of trained medical professionals. If you have or believe someone you know has PTSD, it is important to get treatment. Understandably, the path towards treating PTSD is challenging. However, the attorneys at Meuser Law Office, P.A., can help make that road a little easier. 

If you develop PTSD as a result of an exposure to traumatic events during the course and scope of public employment, then you may qualify for two separate benefits: PERA disability and workers' compensation. For those with careers in high-stress environments, like police officers, firefighters, and correctional officers, these benefits could potentially be worth hundreds of thousands of dollars. 

Employees covered under the Public Employees Retirement Association (“PERA”) may be eligible for Duty Disability benefits or regular disability benefits. Duty and regular disability benefits through PERA have different eligibility criteria. However, both are available for either physical or psychological injuries, including PTSD. 

Duty Disability is available to police officers, firefighters, correctional officers and some other positions. To be eligible for Duty Disability, the injury must injury have incurred during, or arise out of, the performance of inherently dangerous duties that are specific to the position. If you are eligible for Duty Disability, PERA calculates your benefit by averaging 60% of your monthly salary during the highest five consecutive years of earnings. Additionally, the money you receive from Duty Disability is non-taxable. 

Regular benefits are available for PERA members with injuries expected to impact the performance of normal duties, even if the injury is non-work related. The employee’s duties do not need to be inherently dangerous. If eligible, the benefit award is 45% of your monthly average salary during the highest five consecutive years. Like Duty Disability, regular disability benefits are non-taxable. 

Along with disability benefits, workers' compensation may be available through PERA. If your PTSD injury occurred after October 1, 2013 and was caused by work-related exposures, you may be covered by workers compensation in Minnesota. Workers compensation provides a arrange of benefits, including: reasonable medical treatments and expenses to cure or relive the effects of your injury; wage loss benefits including disability benefits; permanent partial disability benefits which are available if you suffer a permanent impairment even if you are still able to work; and, vocational rehabilitation services like retraining and the costs of a Qualified Rehabilitation Consultant (QRC). 

Since the onset of PTSD is caused by many different factors and can occur over a long time span, the date of injury is not always as clear as physical injuries. Being represented by the experienced attorneys at Meuser Law Office can help ensure you receive the benefits you are entitled to so you can enter your PTSD treatment with some peace-of-mind. 

Meuser Law Office, P.A. has successfully secured PERA Duty Disability benefits on behalf of a number of individuals suffering from Post-Traumatic Stress Disorder (PTSD) as a result of in-the-line of duty psychological trauma. For a free, no-obligation legal consultation to learn about your rights, call Meuser Law Office, P.A. at 877-746-5680.

by Mary Beth
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