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 You be Denied Workers’ Compensation Benefits Because of a Prior Injury?

Many injured workers are denied Minnesota workers’ compensation benefits because of prior injuries. For example, a workers’ compensation insurer may see that you filed a workers’ compensation claim with a former employer for the same body part and deny your claim, alleging that your current symptoms are the result of the prior injury. Or, an insurer may review your medical records and discover that you sustained an injury while playing basketball fifteen years earlier. This can be true even if you have been working full-duty for several years without any physical issues.

What do you do when your claim is denied?

Dealing with a denied workers’ compensation claim can be very frustrating. Many injured workers reasonably assume that because they were injured at work, everything will be taken care of by their employer and its insurance company. Unfortunately, for many injured workers, this is not the case and they find themselves incurring thousands of dollars in wage loss and medical bills, the employee has lost several weeks of wages and run up hundreds, or thousands, of dollars in medical bills.

In this situation, you have a couple of options. The insurance company hopes that you will simply walk away. If you have health insurance or are willing to go back to work despite your injury (and many times, against your treating doctor’s advice), you can simply avoid the fight and walk away from the claim. Many insurance companies count on the fact that employees will do this instead of contacting an attorney and taking definitive steps to prove their claim. The choice to not make a workers’ compensation claim can have dire consequences if the injury turns out to be a serious or long-term issue. Under the Workers’ Compensation Act, employees must file their workers’ compensation claims with the state within a prescribed period of time or they will be forever barred from bringing their claims. It is important that you discuss these deadlines (or statute of limitations) with an experienced attorney so you can make an informed choice about whether to proceed with a claim.

The second option is to fight the insurance company for the wage loss and medical benefits that you are entitled to under the Minnesota Workers’ Compensation Act. The first thing you will want to do is call an attorney experienced in the area of workers’ compensation to determine whether you have a viable claim. If the attorney believes that you have a compensable claim, they will work on your behalf to establish your claims by gathering medical evidence, including records and reports; filing your claim with the Department of Labor and Industry; and advocate on your behalf with the insurance company and its representatives.

What if I had a prior injury to the same body part?

When I first speak to clients, I often hear that they do not want to bring a claim because of a prior injury to the same body part. Many people falsely believe that a prior injury will disqualify them from receiving workers’ compensation benefits. This is categorically untrue. Prior injuries can make your claim more complicated in some circumstances; however, the Minnesota workers’ compensation laws do not require that your work injury be the sole cause of your current injury or disability. The law only requires that the work injury be a substantial contributing cause or factor to the underlying condition or disability. In other words, your prior injury and your work injury may have combined to create your current condition—and that’s completely fine. You are still able to bring a workers’ compensation claim, collect wage loss and have your medical bills covered.

In Minnesota, the workers’ compensation laws actually go even a step further. If you have a pre-existing injury that is substantially re-aggravated or accelerated by a work injury or your work duties, you are eligible to receive workers’ compensation benefits. An example the attorneys at Meuser Law Office, P.A. frequently encounter is police officers that develop PTSD on the job relating to his or her job duties. Many police officers have served in the military prior to going into law enforcement and may have experienced traumatic events as a police officer and as a service member. This does not preclude them from receiving workers’ compensation benefits relating to his or her PTSD condition. This is true even if the police officer had been diagnosed with PTSD through the Veteran’s Administration and is collecting disability benefits.

The burden of proof in a Minnesota workers’ compensation claim is on the employee. This is significant because it means that when a claim is denied or disputed, an employee must prove that his or her work injury or duties was a substantial contributing cause or factor to his or her current condition. An employee can establish this by filing a claim with the Department of Labor and Industry, obtaining a medical report (or a “narrative report”) that supports the causal connection between the condition and the work duties, and resolving the claims through settlement or a hearing.

If you or someone you know has sustained an injury on the job and the workers’ compensation insurer has denied your claim, do not panic. As explained in this article, you are able to fight this determination, even if you have a pre-existing condition or prior injury. It is important that you contact the experienced attorneys at Meuser Law Office, P.A., they will provide valuable guidance on the Minnesota workers’ compensation system and help you navigate through what can be a very stressful process. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

by Ashley Biermann
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Do I Need Work Restrictions to Make a Workers' Compensation Claim?

The simple answer is yes.

Following a work injury, it is of utmost importance that you seek medical treatment. In a typical Minnesota workers' compensation case, an employee will go to the emergency room or urgent care for an evaluation and will be given work restrictions at that time. Work restrictions can be as restrictive as "no work at all" until an employee can be evaluated by a specialist or have an MRI completed. Work restrictions may also be as simple as "no lifting more than 50 pounds." Once you receive work restrictions, you must provide documentation of these restrictions to your human resources department or supervisor immediately.

When you see your doctor following a work injury, it is very important that you inform your doctor that you sustained an injury at work and how the injury occurred. Tell the truth and be consistent with what you tell your doctors. If you are inconsistent in your narrative of how the injury occurred, the workers' compensation insurer may try to deny the claim on this basis.

At some point, your treating physicians may determine that you can return back to full-duty work and release you back to work without formal physical restrictions. Your doctor may think that he's doing you a favor in allowing you to return to work; however, unless your injury was mild or temporary in nature, your treating physician releasing you to return to work without restrictions can be problematic for your workers' compensation claim, in addition to your overall physical well-being.

What are my employer's responsibilities?

When you have restrictions relating to your work injury, your doctor will document the work injury and provide you with restrictions. An employer cannot fire you for having work restrictions and they cannot force you to work outside the scope of your physical restrictions. You may feel pressured by the employer to ask your doctor to lift your physical restrictions, but this could make the injury worse or cause re-injury. In addition, as a practical matter, returning to work without restrictions (even though you remain injured) puts you in a vulnerable position because if you are fired for being unable to perform your job, you will not be entitled to ongoing wage loss benefits. You need physical restrictions to receive wage loss benefits under the Minnesota Worker's Compensation Act.

If you've sustained a work-related injury and have work restrictions, an employer must either accommodate your restrictions in your current position, find a light duty position within your physical restrictions, or provide vocational rehabilitation and training if you are unable to work in your previous position.

Do I have to accept a light duty job?

When you have been injured at work and are unable to perform all the duties of your position, employers will often offer you light duty work. To be acceptable, this work must be within the physical restrictions issued to you by your doctor. If the light duty position pays less, or provides you with fewer hours, you will be entitled to a wage loss benefit known as temporary partial disability (TPD). The purpose of temporary partial disability is to return you to the economic status that you enjoyed before sustaining an injury on the job, and as such, it pays you the difference between what you were making at the time of the injury and what you are making in the light duty position.

Every light duty job is different. It is very important that you do not turn down or refuse a light duty job offer until you speak with an attorney. An experienced attorney will be able to analyze the job offer and determine whether it is physically and economically suitable. If it is, your safest course of action would be to accept the light duty position. If you do not, you run the risk of the workers' compensation insurer terminating your ongoing wage loss benefits.

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 to which 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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Is My PTSD Still Compensable if Caused by Numerous Traumatic Events?

Under the Minnesota Worker's Compensation Act, post-traumatic stress disorder (PTSD) may be characterized as a personal injury or as an occupational disease. Minn. Stat. §176.011, subd. 15(a). PTSD may develop as a result of exposure to a traumatic event or multiple traumatic events, which cause a person's capacity to cope with stress to be overwhelmed and clinically disabling. Particularly in cases involving law enforcement or firefighters, a claimant's PTSD diagnosis cannot be tied to one particular event; rather, each new traumatic event compound stress until the stress becomes psychologically and physiologically disabling.

The Minnesota Workers' Compensation Act defines PTSD as "the condition as described in the most recently published edition of the Diagnostic and Statistical Manual of Mental Disorders by the American Psychiatric Association." Minn. Stat. 176,011, subd. 15(d). All the parties agree that the DSM-V is the most recently published edition of the DSM by the American Psychological Association. The statute requires psychiatrists, psychologists, and the court to use the DSM-V in determining whether an employee suffers from compensable PTSD.

The DSM-V explicitly states that PTSD may develop from an event or multiple events, noting that a person may witness "event(s)" as it occurs to others and "experiencing repeated" exposures, specifically citing police officers performing job duties involving witnessing repeated trauma to others. (DSM p. 271). Based upon the plain language of the DSM-V, examinees are not required to tie their symptoms to a single traumatic event. If this were the intention of the American Psychiatric Association, the authors would have written "traumatic event" and not "traumatic event(s)." (DSM-V at 271-72). Prong 4 under Criteria A of the DSM-V also demonstrates that medical professionals must examine multiple traumatic events. If an examinee qualifies only under the aversive details prong then they, by definition, would be referring to many or several incidents with regard to his or her symptoms listed in Criteria B-E because the fourth prong refers to repeated exposure. 

Unfortunately, insurers use "independent psychological examiners" or "IPEs," who are paid experts hired to find that you do not suffer from PTSD and if you do suffer from a psychological condition, the condition is not PTSD and is caused by non-work-related activities.

Typically, IPEs exclude employees from a PTSD diagnoses by attempting to circumvent the explicit text of the DSM-V by imposing additional requirements. An IPE's personal interpretation of how physicians should diagnose PTSD is above and beyond what the Minnesota legislature requires in the statute as well as the actual authors of the DSM-V.

IPEs may use the CAP-5, a structure interview that mirrors the symptoms described in the DSM-5. Physicians use the CAPS-5 to track fluctuations in PTSD symptoms, for research and to determine if treatment is working. IPEs may limit the CAPS-5 interview is limited to several of an employee's "worst" traumatic events and only inquire of symptoms within the past 30 days. The CAPS-5 has a few different versions, the lifetime and the "current" version, which examines reported symptoms within the past 30 days. The DSM-V does not limit reported symptoms to a set time frame, unlike the CAPS-5. (DSM-V at 271-280).

IPEs may also then creatively interpret psychometric testing to exclude claimants from a PTSD diagnosis. The MMPI-2 and the MMPI-2-RF are not diagnostic tools are not required by the DSM-V. As much as both the legal and scientific community would desire a brain scan or a blood test to check for PTSD or any other mental health disorder, that's simply not possible. Additionally, the MMPI-2 is the only test that contains a scale specially tailored to examine the likelihood of PTSD; yet, IPEs may use the MMPI-2 RF that does not contain that scale.

If you believe you or someone you love suffers from work-related PTSD, contact the experienced attorneys at Meuser Law Office, P.A. for a free, no-obligation intensive case consultation. You may be entitled to thousands of dollars in benefits from PERA/MSRS, or under the Minnesota Workers' Compensation Act. Call us today at 1-877-746-5680.

by Mary Beth
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What Can I Expect to Receive in a Workers' Compensation Settlement?

A question often asked by clients when meeting for the first time is "how much is my claim worth?" While there is no hard and fast rule when it comes to estimating the value of a Minnesota workers' compensation claim, there are a variety of factors in every claim that help determine a fair settlement value or range.

1. How long have you been receiving wage loss benefits?

Most wage loss benefits in the workers' compensation system have temporal caps. For example, you can only receive 130 weeks of temporary total disability benefits (TTD) for injuries occurring on or after October 1, 2013. In addition, you can only receive 225 weeks of temporary partial wage loss benefits (TPD) or approximately four and a half years. Because these wage loss benefits are capped, the number of weeks you have received benefits will affect the value of a Minnesota workers' compensation claim.

2. Average weekly wage, i.e., how much were you earning on your date of injury?

If the injured person is a high wage earner, the value of the claim will be greater than someone earning a lower wage. The average weekly wage for a claim is calculated based upon average earnings for the six months preceding the date of injury. As such, it is important to have an accurate average weekly wage calculation and to be using the most recent date of injury to ensure the greatest possible settlement from workers' compensation is received.

3. Did the insurer accept or deny your workers' compensation claim?

When a workers' compensation claim is accepted by the insurer, you generally have a stronger position going into a settlement conference or mediation. This is true because many times the insurer is paying the employee ongoing benefits. If your claim is accepted, there will still be a dispute with the insurer with regard to the "nature and extent" of the injury and the amount of the benefits owed but the insurer has admitted responsibility for the injury when a claim is accepted.

On the other hand, if a claim is denied and litigation is pending, the insurance company knows that there is a chance that they will not have to pay anything for the claim. If you go to court, there is a chance the insurance company will win, and this is factored into the insurance company's exposure analysis for your claim. For example, let's say you have a 50% chance of winning your claim. The insurance company will typically look at the overall exposure for your claim, calculate how much you would receive if your case went to hearing and we won on each of the claims then reduce that amount by 50%, (i.e., the estimated chance of success for the claim).

4. Did you sustain a permanent or temporary injury? 

This concept is relatively straightforward. If you sustained a serious injury and are issued permanent restrictions, the insurance company will understand that you will likely collect most, if not all, of your wage loss benefits. In addition, you will likely be entitled to a benefit known as permanent partial disability (PPD) for the loss of use or functioning of the affected body part. This benefit is not available to employees that have sustained minor injuries. Conversely, if you sustained a relatively minor injury, the claim will likely have a limited settlement value because the injured person is expected to make a full recovery and return to the date of injury employer at full wage earnings.

5. How strong is your medical support?

If there is medical support from a treating physician, linking the injured individual's current condition to a work-injury, the claim tends to be stronger. This is especially true if the treating physician is an experienced, well-respected specialist, such as an orthopedic surgeon, in the relevant area. Remember, the burden of proof in a workers' compensation claim is on the employee. This means that the injured employee is responsible for providing medical evidence to support the claims if the matter goes before a judge. As such, if a claims adjuster or a defense attorney gets a persuasive narrative report from a treating physician that supports your claims, they will understand that you will be much more likely to be successful at hearing, which adds value to your claim.

6. Who is representing you?

If you choose to represent yourself, you will be at a serious disadvantage when it comes to settling your claims. Minnesota workers' compensation is a complex, confusing area of the law and you will not know whether you are getting all the benefits to which you are entitled unless you have an experienced workers' compensation attorney. In addition, your employer will be represented by a claims adjuster or attorney that has significant experience in the area and they will not be looking out for your best interests.

If you are thinking about settling your Minnesota workers' compensation claim, it is of utmost importance that you check with a workers' compensation attorney before you do. This is especially true if you are a police officer or firefighter and also entitled to PERA or MSRS benefits because there are certain, applicable offset provisions that will apply to any workers' compensation settlement. A wrong decision could cost you thousands of dollars. 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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Can I Be Fired for Reporting a Work Injury?

The short answer is no, not legally. Technically, an employer can terminate you for any reason, legal or not, but there is recourse that can be taken if you are fired or threatened with termination after sustaining an injury at work.

An employer must fill out a First Report of Injury after you report a work injury however, despite completing and filing this form, an employer may still doubt your veracity and the legitimacy of your injury claim. If this belief is communicated to the Minnesota workers’ compensation insurer, your claim may be denied. After the denial, the employer may feel justified in disciplining or firing you for filing a “false claim.”

Minnesota law does not allow an employer from discharging or threatening to discharge an employee for seeking workers' compensation benefits or in any manner intentionally obstructing an employee seeking workers’ compensation benefits. This provision allows an injured worker to bring a civil claim against his employer if the employee was fired or obstructed from bringing a workers’ compensation claim. In practice, these actions are fairly uncommon but they’re also essential. The action acts as a check against employers, allowing employees to recover the workers’ compensation benefits that they would have received if not for the unlawful interference of their employer.

This law does not mean that an employee can never be fired legally after sustaining a work-related injury. For example, if an employee already has an extensive history of absenteeism and then misses several days from work after a work injury without providing restrictions from his doctor, the employee may be terminated through the process set out in the employer’s standard policy. If your employer terminates you after filing a work injury and does not follow its standard policy, does not assist you in filing for workers’ compensation benefits, or does not allow you a reasonable opportunity to seek medical treatment, you may be able to bring a successful retaliation claim.

Furthermore, with regard to “false claims,” the employer may be able to fire you for reporting what they believe to be a false workers’ compensation claim. This, however, is risky for the employer because the court seems to be asking whether the employer had a “reasonable belief” of claim falsification. What is a reasonable belief of claim falsification? Again, it depends, but the consensus seems to be that the employer must conduct a thorough investigation of the employee’s allegation of work-related injury. In completing this investigation, the court looks at whether the employer conducted a detailed and fair investigation, and was not simply results oriented. It also should make sure that any such investigation is complete and not results oriented.

It is also worth noting that practical concerns influence employers with regard to discharging employees. If an employee’s claim is admitted, the employer and insurer will be on the hook for ongoing wage loss benefits, if they choose to terminate you. This results in a very real financial incentive for employers to find work for you after sustaining a work injury. This is still true, but to a lesser extent, for denied claims. Even if your claim is denied by the workers’ compensation insurer, you’re still able to fight for the benefits the insurer should have paid you and establish ongoing workers’ compensation payments from the date of termination forward.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled. Call us today at 877-746-5680.

by Ashley Biermann
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Is My Employer Required To Carry Workers’ Compensation Insurance?

Employers in Minnesota are mandated to carry workers’ compensation insurance for their employees under Minnesota Statute §176.181, subdivision 2. The legislature wants to ensure that injured workers have access to recovery if he or she suffers an injury on the job. Employees are generally defined as a person who performs services for another for hire. Employees include minors, part-time workers and non-U.S. citizens. The Minnesota Department of Labor and Industry is responsible for work comp insurance in Minnesota.

Under Minnesota Statute §176.041 in certain circumstances some types of employers are not required to carry work comp insurance. These types of employers include but are not limited to:

• Family farm employees (if paid less than $8,000 in cash wages over the last year)
• Independent contractors
• Household workers
• LLC or limited liability companies
• Closely held corporations
• Nonprofit associations

However, these types of employers may still elect to carry work comp insurance coverage and many do, so if you work for one do not assume they do not carry work comp insurance. You may check on the Minnesota Department of Labor and Industry’s website at http://www.inslookup.doli.state.mn.us/ to search whether your employer carries a policy. Employers are also required to post a Minnesota Workers’ Compensation Employee Rights and Responsibilities poster in a conspicuous location for its employees. The poster must show the employer’s insurance carrier information, including a name and phone number.

If you believe that a business does not have workers’ compensation coverage you may report that company to the Department of Labor and Industry’s Special Compensation Fund by email or by phone at 651-284-5453.

If the employer is required to carry work comp insurance and fails to do so, injured employees may still receive benefits from the Minnesota Special Compensation Fund under Minnesota Statute §176.129. The Minnesota Special Compensation Fund may then receive reimbursement from the employer for benefits paid to the injured worker plus monetary penalties. The Minnesota Special Compensation Fund also administers Supplementary Benefits, which are a complicated specific type of wage loss benefit that may affect an injured worker who was injured before 1990. The Special Compensation fund also investigates whether the employer has coverage and steps in the place of the employer, if the employer failed to maintain coverage.

Some employers are self-insured as well, and thus responsible for paying out workers’ compensation claims. Generally large public entities are self-insured, such as the State of Minnesota or the City of St. Paul. The Minnesota Commerce Department must issue its approval for an employer to be self-insured for the purposes of workers’ compensation. The employer must prove its financial capability to be self-insured.

If you have sustained an injury in the course and scope of your employment in the State of Minnesota, contact Meuser Law Office, P.A. for a free no-obligation case consultation. Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex, but the knowledgeable attorneys at Meuser Law Office, P.A. keep our clients informed of the process as well as what to expect each step of the way. We take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled. Call us today at 1-877-746-5680.

by Mary Beth
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The Adjuster Refuses to Pay My Benefits. Am I Eligible for Penalties?

In rare circumstances employers and insurers may be subject to monetary penalties for violating the Minnesota Workers’ Compensation Act. Penalties serve as a deterrent to employers and insurers from flagrant disregard of the rules. Some penalties are payable to the State of Minnesota and some are payable to the employee.

1. Frivolous Liability Denial

When an adjuster for an insurance company denies an injured worker’s claim, the adjuster must demonstrate a good-faith effort to investigate the claim. The adjuster may also not use clearly inaccurate statements of fact or applicable law under the Minnesota Workers’ Compensation Act. If a judge finds that an adjuster has violated Minnesota Statute §176.221, subdivision 1 and 176.225, subdivision 1, then the judge may issue a penalty against the insurance company payable to the State and the employee. An employee may be entitled to 30% of the amount of the delayed benefits.

At Meuser Law Office, P.A. we have recently brought a claim for penalties for the failure of an insurer and public employer to pay temporary total disability benefits and temporary partial disability benefits after the law enforcement officer separated from the date of injury employer in order to receive PERA Duty Disability benefits. The insurer and employer admitted liability for the injury and is in agreement with the Independent Medical Examiner and treating physician’s restrictions for the employee. The employer and insurer refuses to pay despite the definitive case law on this issue under Boutto v. U.S. Steel Corp. (July 18, 2007 WC06-288).

2. Non-specific Denial of Liability

Similar to penalties for frivolous denial of liability, under Minnesota Statute 176.84 insurers must issue specific and clear reasons that the adjuster is denying the injury. The penalty for a non-specific denial of liability is $500 each violation.

3. Late Payments of Benefits

Insurers and employers are also required to make timely payment of benefits under Minnesota Statute § 176.221, subdivision 1. An employee’s first temporary total disability payment must be issued the 14th day after the first day of an employee’s disability or the date the employer received notice, whichever is later. The employee may be awarded 25% of the delayed benefits.

4. Obstructing an Employee’s Minnesota Work Comp Benefits

Under Minnesota Statute §176.82, subdivision 1, an insurer or an employer who fires or threatens to fire an employee for making a claim for workers’ compensation benefits is liable for civil damages in addition to workers’ compensation benefits owed. This violation also includes costs and reasonable attorney fees in addition to punitive damages three times the amount of any compensation benefits to which an employee is owed.

This violation may be difficult to prove but if an employee is able to offer concrete evidence, for example text messages, letter, or a saved voicemail with the employer threatening to fire the employee for filing a work comp claim, may be persuasive.

5. Refusing to Offer Continued Employment

Under Minnesota Statute §176.82, subdivision 2, an employer who has work available with the employee’s physical restrictions must offer continued employment. If an employer does not have reasonable cause to continue to offer suitable employment is liable for one year of the employee’s wages in a civil lawsuit. Employers with less than 15 full-time employees are exempt from this statute.

6. Failure to Ensure

An uninsured employer may also be fined by the Department of Labor and Industry for failure to insure employees for workers’ compensation injuries, regardless if any employee has been injured. An employer may be required to pay a penalty up to $1,000 per employee per week for the time period the employee was not insured.

7. Failure to Pay Settlement Award

After the parties agree to a settlement and the settlement is set forth in the stipulation for settlement, a workers’ compensation judge must review and then issue an award on stipulation, which is a court-order dictating what the employer and insurer must pay. The employer and insurer must issue payment within 14 days of the award or be subject to fines.

If you believe you may be entitled to penalties under the Minnesota Workers’ Compensation Act or have a workers’ compensation claim, contact the knowledgeable attorneys at Meuser Law Office, P.A. for a free no-obligation case evaluation. Call us today at 877-746-5680.

by Mary Beth
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I Was Injured Commuting to or From Work. Am I Covered Under the Minnesota Workers’ Compensation Act?

The general rules is, you will not be entitled to workers’ compensation benefits if you were commuting to or from work at the time you were injured; however, there are a few exceptions to this rule.

In Minnesota, the general rule is that workers’ compensation benefits are available to employees who sustain injuries “while engaged in, on, or about the premises where the employee’s services require the employee’s presence as a part of that service at the time of the injury and during the hours of that service.”  Minn. Stat. § 176.011, subd. 16.

One exception to what is often referred to as the “coming and going” rule is the responsibility of the employer to provide its employees with a safe ingress to or egress from the employment premises. To fall within this exception, an employee must show that the injured occurred within the following criteria:

1) Before or after the workday
2) On an area that is considered a party of the employer’s premises
3) Within a customary route of ingress and egress

For example, if an employee falls, and is injured due to snow and ice the employer’s parking lot a few minutes after clocking out, this injury would likely be compensable. If the same injury occurred on the state-owned sidewalk in front of the employer’s premises, this injury would likely not be compensable.

One other factor that courts take into consideration is whether the employee was “engaged in activity reasonably incidental to her employment” at the time of the injury. For example, if a bartender clocks out but chooses to “hang out” at the bar, have drinks and socialize for an hour before leaving and sustaining an injury in the employer’s parking lot, this would not be a compensable injury because the employee was no longer engaged in an activity reasonably incidental to his or her employment.

The second exception to the “coming and going” rule is employer-furnished transportation. When the employer regularly furnishes transportation to employees to and from the place of employment, and the employee is injured during transport, the employee’s injury is compensable under Minnesota workers’ compensation laws.

The third exception to the “coming and going” rule is travel between two work places. One of these work sites could be the employee’s home if a portion of the employee’s work is performed at home. Therefore, situations may arise in which an injury that occurs during the trip between the employee’s home and his employer’s premises falls within the scope of workers’ compensation coverage. The most important factor when analyzing this exception is whether the employee’s conduct at the time he or she sustained an injury was connected with the demands or obligations of his or her employment.

Lastly, if the employment requires travel, injuries sustained by the employee may be compensable if the injury occurs in the course of a business trip. The portion of this exception that is often the subject litigation is: “What does it mean to be in the course of a business trip?” To prove an employee was in the course of a business trip, the employee must show that the trip furthered the employer’s interest, the employee received complete or partial reimbursement for travel expenses or the employee received wages for the time spent traveling. However, if the employee deviates from the employer’s business during the course of the trip and engages in a “personal mission,” workers’ compensation benefits can be denied. An example of a personal mission is visiting a romantic partner or watching the football game at a bar for recreational purposes.

Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. As this article illustrates, this area of the law is nuanced and complex. The attorneys at Meuser Law Office, P.A. will help ensure that you receive all the benefits to which you’re entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. Call us today at 1-877-746-5680.

by Ashley Biermann
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Mounted Police Officers and Workers’ Compensation Injuries

In the state of Minnesota, the cities of Minneapolis, St. Paul, and Duluth maintain mounted patrol units. The Minnesota Sheriff’s Mounted Posse Association (MSMPA) is comprised of volunteer and reserve units of mounted deputy sheriffs across the state who assist the County Sheriff whenever appropriate. Mounted patrol units help with crowd control, crime control, search and rescue, and community outreach. It is estimated that one mounted police officer has the effect of ten officers on foot. Horses provide size, weight, and every officer is 10 feet tall on horseback, enhancing visibility. Mounted police officers can travel quickly to places that squad cars cannot travel.

Unfortunately, while performing crowd control duties on horseback can increase safety for officers and the public, horseback riding is still a dangerous activity. Although the horses used in mounted patrol units are chosen for their temperament and suitability for the job, horses are still animals who can react unpredictably in unknown situations. Even the sweetest most docile horse can trip, fall to the ground and inadvertently crush a rider.

To ensure safety, officers should follow certain precautions:

• Safety equipment. Wearing a helmet can prevent very serious head injuries. There’s no excuse for not wearing a helmet while riding.
• Wearing a helmet when working with horses while on the ground is also important. Loading and unloading horses into a trailer can be a very dangerous situation. While horses in the mounted patrol unit may be loaded and un-loaded multiple times a week, working with a 1,100-pound animal in a small space is hazardous. Turning out a horse at night back into the herd can also be dangerous. Some horses like other horses better than others and if you turn out into a group of horses standing near the gate and another horse bites the horse you are working with he may kick out and may even hurt you.
• Wearing a helmet while walking out to the pasture to catch a horse is also a smart precautionary measure. Sometimes horses may gather around you and get pushy, hoping the human has a treat or looking for attention. A horse could nip another horse and then someone could kick out or knock you down out in the field. Horses can strike out with their front or back hooves.
• Wear proper footwear around horses. Getting stepped on in boots versus flip flops is an entirely different experience.
• Don’t stand directly behind a horse. Talk to the horse when you are working with him or her to let the horse know where you are standing and to prevent startling the horse.
• Don’t loop a lead line, reins, or lunge lines around your hands. If the horse runs away you could become caught and dragged.
• Properly lead a horse into its stall. When returning a horse to its stall don’t just unclip the lead line from his halter, lead the animal into the stall, walk around the stall, turn him to face the stall door and then back out. This prevents you from getting crushed or kicked in a confined space.
• Tack and groom in the same way each time. This creates a pattern so it is less likely a crucial step is forgotten. Check and re-check girth tightness before you mount. Girths should be tightened slowly and each time the horse should be walked around before moving up an additional hole.

If you sustain an injury, even one which may seem minor at the time, it is important to report the injury to your supervisor. Waiting a few days after what seemed to be a sprain or strain and then reporting the injury may give the workers’ compensation insurance carrier an excuse to deny your claim.

Contact an attorney early in the process. At Meuser Law Office, P.A. we field calls from many police officers and deputy sheriffs injured in the line of duty who may just need a few questions answered. Call us today at 877-746-5680 for a free no-obligation consultation with an experienced Minnesota personal injury, PERA disability, and workers' compensation attorney.

For more information on mounted patrol units in Minnesota check out the following websites:

• MSMPA www.mnmountedposseassn.com/home.html
• St. Paul www.stpaulmountedpolice.org/index.htm
• Minneapolis www.minneapolismountedpolicefoundation.org/home.html
• Duluth www.facebook.com/DPDMOUNTEDPATROL

by Mary Beth
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Will I Be Offered a Settlement on My Workers’ Compensation Case?

Individuals who suffer a work injury in Minnesota often wonder if or when they will receive a settlement. In fact, there are “work comp settlement calculators” on the Internet that mislead people into thinking that punching a few numbers into a form will give them a settlement estimate.

In Minnesota workers’ compensation is a “pay as you go” system, meaning that work comp benefits are paid on an ongoing basis, as long as you remain entitled to benefits. There is no such thing as an automatic “settlement” for your injuries.

That being said, settlement is a very common practice in Minnesota workers’ compensation cases, particularly where:

• There is a dispute over benefits
• The person will be eligible for ongoing work comp benefits for an extended period of time

An experienced Minnesota workers’ compensation attorney can help you decide whether a settlement of your case is in your best interest. With the guidance of an attorney, whether or not to settle your case is ultimately your decision. If you are considering settlement of your workers’ compensation case, you and your attorney will typically discuss the settlement process, which includes:

• Making a settlement demand
• Settlement negotiations
• Strengths and weaknesses of your case
• Approximate settlement value of your case

When calculating the settlement value of a Minnesota workers’ compensation case, there are several factors that are taken into consideration, including past owed wage loss, future estimated wage loss, rehabilitation and/or retraining benefits, permanent partial disability benefits, and outstanding medical expenses. Once the attorney has calculated a settlement demand, with client authorization to do so, the attorney will then send that demand to the defense attorney or the insurance adjuster. From there the defense attorney or adjuster will respond with an offer, and the parties negotiate back and forth, ultimately arriving at a number that is acceptable to both sides.

Beyond the numbers in a Minnesota workers’ compensation case, your lawyer will discuss the strengths and weaknesses of your case, and he or she will give you recommendations of the likelihood of success. The relative strength of a given case plays a huge role in the settlement value of the case. For example, if there is a case where the past and future wage loss is potentially worth $200,000, but the client only has a 25% chance of succeeding at trial, the case is worth far less than the potential past and future monetary value of the case.

Minnesota workers’ compensation settlement negotiations can take a variety of forms. Often, negotiating is an informal process of phone calls or emails back and forth. At times settlement discussions occur at a Settlement Conference at the Office of Administrative Hearings, and frequently, Meuser Law Office, P.A. utilizes a form of alternative dispute resolution called mediation in negotiating on a case. A mediation involves the services of an individual who is a third-party neutral to facilitate settlement discussions between the injured worker and the employer/insurer.

In addition to a dollar figure, the parties will also need to reach an agreement as to terms of the settlement. Is it a “to-date” settlement, meaning that the settlement only pertains to past owed benefits? Or is it on a full, final, complete basis, meaning that the settlement is for past and future benefits? Are future medical expenses open or closed – in other words, is the workers’ compensation insurer responsible for future medical expenses relative to the work injury? Who is responsible for paying any outstanding medical expenses or third party reimbursement claims, such as unemployment or short/long-term disability, the injured worker or the employer/insurer? These are all issues that need to be worked out in addition to the settlement amount.

Once you have reached a settlement on your workers’ compensation case, it typically takes a few weeks before things are finalized. You will ultimately sign a Stipulation for Settlement, which is a contract between you and the employer and their workers’ compensation insurer setting forth the terms of the settlement. Depending on the complexity of the case, it is not uncommon that it can take several weeks for this paperwork to be finalized. After the paperwork is signed by both sides, it is submitted to the Office of Administrative Hearings for approval. Once a judge has reviewed and signed off on the settlement, the Court will issue an Award on Stipulation, which is simply a Court Order approving the settlement. The workers’ compensation insurer has 14 days from the date of the Award on Stipulation to issue payment.

If you would like to discuss potential settlement of your Minnesota workers’ compensation case, contact Meuser Law Office, P.A. to schedule a free, no-obligation legal consultation. Our knowledgeable attorneys will help you understand the often-confusing Minnesota work comp law and ensure you receive the full benefits to which you are entitled. Call us today at 1-877-746-5680.

by Jen Yackley
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FAQs: Timing of Minnesota Workers’ Compensation Payments

At Meuser Law Office, P.A. we are committed to ensuring our clients are kept informed during the Minnesota workers’ compensation claim process and they know what to expect each step of the way. The process can be complex and confusing with many questions along the way. Here are some of the frequently asked questions:

How long does the workers’ compensation insurer have to pay my medical bill?

This is a question the attorneys at Meuser Law Office, P.A. are asked often. The answer is, it depends.

Per Minnesota Statute, the insurer must make payment for your medical bills within 30 days of receiving the bill. Notably, the thirty-day time period does not start to run until the insurer actually receives the medical bill. The relevant date is not the date of service for the appointment.

If the insurer choses to deny a bill, or a portion of a bill, the insurer must provide the employee and the health care provider with written notification of the denial, providing the basis for the denial. The denial must be issued 30 days from the insurer’s receipt of the bill.

When is my wage loss payment considered “late”?

Under Minnesota workers’ compensation law, the insurer must admit or deny liability for a workers’ compensation claim within 14 days of the employer receiving notice of the injury. Wage loss benefits begin three days after an injury occurs, but if your injury takes you out of work for more than ten days, wage loss will be due from the date your disability began (i.e., you will receive compensation for the first three days you missed work). If an insurer does not admit or deny liability within this prescribed period or start your wage loss benefits within 14 days, the insurer is at risk for a penalty.

Once wage loss benefits start, an employee is paid every week or every other week, depending on how frequently the employee was paid when he or she was working. Penalties are available if the employee can provide proof that more than three benefits payments were issued more than three business days late. Unfortunately, there is no penalty for late payments unless it occurs more than three times and each of these late payments were more than three business days late. In terms of “proof,” the following is sufficient to prove you are entitled to an employer-paid penalty:

• A copy of your compensation check stubs (temporary total disability benefits); or
• Documentation of the date on which the wage loss documentation was sent to the insurer (temporary partial disability).

The amount of the penalty is determined by the length of the delay and the amount of the benefits delayed. The amount of the penalty ranges between six and thirty percent of the amount delayed, and the percentage is based upon the length of time that the payment is delayed.

Can I request direct deposit (i.e., electronic funds transfer)?

One way to avoid late payments is to request direct deposit in lieu of paper checks for your weekly or biweekly workers’ compensation payments. One benefit of direct deposit is that you do not have to worry about national holidays or inclement weather slowing down the mail. In addition, you will be able to easily track and monitor the timing and amount of your payments.

The Minnesota State Legislature requires that employers set up direct deposit (or an electronic funds transfer) within 30 days of the employee making the request. If the employer-insurer does not have the electronic funds transfer system established, the employer-insurer must make efforts to establish the electronic funds transfer arrangement within 14 days of the employee’s request, and the insurer must make payment within 30 days of the request being fulfilled. 


Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. If you have questions regarding a Minnesota workers’ compensation insurer’s late payment of your medical or wage loss benefits, the attorneys at Meuser Law Office, P.A. will take the time to explain the laws that apply to your case and will make recommendations about how to proceed. Call us today at 1-877-746-5680.

by Ashley Biermann
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Police Officer Duty Belts and Gillette Low Back Work Injuries

In Minnesota under the Workers’ Compensation Act the legislature recognizes numerous types of work injuries including specific injuries, Gillette injuries, occupational diseases, and consequential injuries. The case Gillette v. Harold, Inc. established that injuries caused by repetitive minute trauma brought about by the performance of ordinary job duties is compensable under the Minnesota Workers’ Compensation Act. (257 Minn. 313 (1960).) These types of injuries may be thought of generally as “wear and tear” injuries or repetitive motion injuries that are cumulative in a larger injury.

At Meuser Law Office, P.A. we frequently see law enforcement officers with Gillette low back injuries. While conducting patrol, police officers and deputy sheriffs wear duty belts that press up against his or her low back during a shift. The duty belt may weigh anywhere from 15 – 20 pounds and make handgun, handcuffs, flashlights, gloves, baton, radio, pepper spray, among other tools instantly accessible to officers. Additionally, officers may also have to wear a protective vest that puts additional strain on his or her back. Studies have shown that the equipment’s weight, the placement against the officer’s body, and the force exerted on the equipment when the officer is seated inside his or her squad car factor the amount of pain an officer suffers from wearing a duty belt.* Police officers and deputy sheriffs wear these heavy belts when entering and exiting squad cars, arresting or chasing non-compliant suspects, and when lifting patients into emergency vehicles. Officers conducting patrol duties in squad cars also face additional strain and pressure on his or her low back.

Over time, the everyday wear and tear on an officer’s low back due to his or her duty belt coupled with an officer’s normal job duties can cause serious disc issues in the officer’s lumbar spine. If the discs are damaged and further deteriorate, surgical intervention may be required in the future. If you are experiencing low back pain which you believe may be work-related, it is imperative you seek medical attention immediately and report your possible injury to your employer.

If the duty belt exacerbates an underlying non-work related injury, you may still have a compensable work injury. The Minnesota Workers’ Compensation Act does not require that the work-related injury be the sole cause of a disabling condition. The law only requires that the work injury be a substantial contributing cause or fact to the employee’s condition. Swanson v. Medtronics, 443 N.W.2d 534 (1989).  An injury is compensable when an injury aggravates or accelerates a pre-existing condition. Wallace v. Hanson Silo Co., 235 N.W.2d 363 (Minn. 1975). So, while an officer may have had a prior low back injury from a motor vehicle collision, if the duties such as wearing a duty belt, entering and existing a squad car, among other patrol duties substantially aggravates or accelerates disc degeneration in his or her lumbar spine, then the injury may be compensable. In order to determine if the new injury is compensable the judge will consider:

• The nature and severity of the pre-existing condition and the extent of restrictions and disability resulting there from
• The nature of the symptoms and extent of medical treatment prior to the aggravating incident
• The nature and severity of the aggravating incident and the extent of the restrictions and disability resulting there from
• The nature of the symptoms and the extent of medical treatment following the aggravating incident
• The nature and extent of the employee’s work duties and non-work activities during the relevant period
• Medical opinions on the issue. McClellan v. Up North Plastics, slip. op. (W.C.C.A. October 18, 1994)

If you are a Minnesota police officer with a low back injury you believe was incurred from work duties, contact the experienced attorneys at Meuser Law Office, P.A. immediately for a free, no-obligation case review. At Meuser Law Office, P.A. we have represented hundreds of police officers with low back injuries and have successfully been awarded PERA Duty Disability benefits, Health Care Continuation benefits under Minnesota Statute 299A.465, and workers’ compensation wage loss benefits and medical treatment. Call us today at 1-877-746-5680.

* Ergonomics and Safety in Law Enforcement, by Fabrice Czarnecki and Ira Janowitz, 2003.
http://www.theppsc.org/Staff_Views/Czarnecki/ergonomics_and_safety_in_law_enforcement.htm

by Mary Beth
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