Written By Elliot Frayne

Navigating the maze of workers’ compensation can often feel like trying to solve a Rubik’s Cube blindfolded. You know there’s a method to the madness, but without the right strategy, you’re left twisting and turning with no end in sight. Unfortunately, in the real world, a denied workers’ compensation claim is far more consequential than an unsolved puzzle. It can mean the difference between receiving the support you need and facing a mountain of medical bills alone. Let’s embark on a journey through the labyrinth of workers’ compensation claims, armed with insights and strategies to avoid the common pitfalls that lead to denials.

1. Report Your Injury Immediately

The clock starts ticking the moment you’re injured on the job. Notice of the injury must be given to the employer within 30 days. Failing to report your injury within this window can serve as an express ticket to Denial Town. It’s crucial to inform your employer about the incident in writing, detailing what happened, when, and where. This documentation will be your first mate as you navigate through turbulent waters.

2. Seek Medical Attention Posthaste

After reporting your injury, seeking medical attention should be your next immediate step. Not only is this critical for your health, but it also plays a vital role in your workers’ compensation claim. Medical records serve as the cornerstone of your claim, providing tangible evidence of your injuries and the necessity for medical treatment. Skipping this step is akin to setting sail without a compass; you’ll find it incredibly difficult to prove the extent and cause of your injuries.

3. Dot Your I’s and Cross Your T’s

Accuracy and detail are your best friends in the workers’ compensation claim process. An incomplete or inaccurately filled claim form is like giving your insurance provider an easy way out. Ensure that every piece of information is thoroughly checked and double-checked. Missing information or discrepancies between your report and medical records can lead to suspicions of fraud, ultimately sinking your claim.

4. Be Consistent

Consistency is key in your narrative of the event and your injuries. Variations in your story, whether in the accident report, medical records, or discussions with insurance adjusters, can raise red flags. It’s crucial to maintain the same level of detail and narrative across all communications. Remember, insurance companies are like seasoned detectives; they’re always on the lookout for inconsistencies that can invalidate your claim.

5. Follow Medical Advice to the Letter

Non-compliance with medical treatment plans is a significant reason for claim denials. If you’re seen as not following your doctor’s orders, it can be interpreted that your injuries are not as severe as claimed. This part of the process is like following a treasure map; deviating from the path laid out by your physician can lead you astray, far from the treasure of claim approval.

6. Navigate Around the Pitfalls of Social Media

In the digital age, insurance adjusters have a new tool in their arsenal: social media. Posts that depict physical activities, vacations, or any behavior inconsistent with your injury claims can, and will, be used against you. It’s wise to assume that your social media profiles will be scrutinized. Consider your online presence as an open book for insurance adjusters, and avoid posting anything that could undermine your claim. Or better yet, just get off all social media.

7. Legal Representation: Your Compass Through Stormy Seas

The complexities of workers’ compensation claims can be daunting for the uninitiated. Hiring an experienced workers’ compensation attorney can be likened to having a seasoned captain at the helm of your ship. An attorney can guide you through the intricate legal processes, ensure your paperwork is in order, and represent you in disputes, significantly increasing your chances of a favorable outcome.

The workers’ compensation claim process can be fraught with challenges, approaching it with caution, diligence, and the right strategy can lead to successful navigation through its complexities. Remember, the goal is not just to initiate a claim but to steer it to approval, ensuring you receive the support and compensation you rightfully deserve. So, arm yourself with knowledge, gather your documents, and, if necessary, seek legal expertise to guide you to the shores of claim approval. With the right approach, the daunting labyrinth of workers’ compensation becomes a manageable path to recovery and financial support.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Imagine you’ve been injured on the job, and instead of receiving the much-needed workers’ compensation benefits, you’re met with a denial letter. Frustrating? Absolutely. The end of the road? Far from it. In Minnesota, a denied claim isn’t the final word but the beginning of a legal odyssey where tenacity, knowledge, and the right strategy can turn the tides in your favor.

Step 1: Understanding the Denial

First things first, why was your claim denied? Minnesota insurers are notorious for guarding their coffers like dragons hoard gold. Common reasons for denial include claims of the injury not being work-related, missing the reporting deadline, pre-existing conditions, or insufficient medical evidence. Decode the jargon-laden denial letter; it’s your map to the next treasure – appealing the decision.

Step 2: The Appeal Crusade

Embarking on the appeal, you’re not a lone knight but rather, you should consider enlisting a squire, otherwise known as a workers’ compensation attorney. Your attorney can guide you through the murky waters of legal procedures and ensure your rights are protected. Together, you’ll file a Claim Petition with the Office of Administrative Hearings (OAH), which is akin to declaring, “I wish to contest!”

Step 3: Gathering Your Arsenal

Evidence is the sword by which you’ll fight your denial. This includes medical records, witness statements, and documentation of your injury and how it occurred. A detailed narrative report from your doctor, explaining how your injury is indeed work-related, can be as powerful as Excalibur itself. Remember, the more evidence you gather, the stronger your case will be.

Step 4: The Settlement Conference

Before entering the battlefield of a formal hearing, you might be summoned to a settlement conference. Think of this as a parley where both sides, under the oversight of a neutral mediator, try to resolve the dispute amicably. It’s your chance to settle your claim without further ado. However, don’t let the casual nature fool you; strategic negotiation is key.

Step 5: The Hearing – Your Day in Court

Should negotiations falter, a formal hearing before a judge becomes the arena where your claim’s fate will be decided. Presenting your evidence compellingly and responding to cross-examination requires preparation and poise. This stage is where the battle over your benefits reaches its crescendo, and having an experienced attorney by your side can make all the difference. See this post about knowing your judge.

Step 6: Beyond the Hearing

Even after the hearing, the saga may continue. Dissatisfied parties can appeal the judge’s decision, taking the fight to the Workers’ Compensation Court of Appeals and, potentially, the Minnesota Supreme Court. While daunting, remember that perseverance is key to navigating the labyrinth of workers’ compensation law.

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A denied workers’ compensation claim in Minnesota is not the end but a call to action. With the right approach, understanding of legal steps, and expert legal counsel, you can navigate the complexities of the appeal process. Remember, in the legal realm, patience, preparation, and perseverance are your greatest allies. As you embark on this journey, know that while the path may be fraught with challenges, the outcome—a just and fair resolution—is worth the fight.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

I recently argued a 239 Conference and got a favorable ruling for my client. I whole heartedly believe that I should have lost. I’m not saying that my client’s case doesn’t have merit or that I didn’t do a good job, but the burden of proof for 239 Conferences leans heavily in the favor of the other side. All they have to prove is that they have a reasonable basis for cutting off benefits. Is there a medical opinion that says the employee doesn’t need restrictions? Did the employee reject a suitable job offer? Did the employee’s work injury resolve? All reasonable, in my opinion. Was the employee rude to the adjuster on the phone? Did the employee hire a lawyer to represent them? Did the employee throw something in the garbage that should have been composted? Not reasonable. You get the gist. So why did I win? Because I knew the judge and adjusted my argument accordingly.

Ever heard the saying, ask two lawyers the same question and you will get three answers? Well, ask any work comp attorney if the assigned judge matters to the outcome of a case. It may be one of the handful of questions that will get the same answer. “Yes”

But for those individuals who haven’t made a career out of work comp, that may come as a surprise. One would think that the judge, while important, isn’t more important than, say, the law, the facts, or the skill of the attorney. While those things certainly matter, knowing the assigned judge plays an important part to the successful out to a case.

Why Does The Judge Matter So Much? When most people think of a trial (in work comp we call it a “hearing”) they think of a jury of 12 or 6 people and a judge presiding. The difference is, in work comp, the judge not only rules on objections and evidence issues, but also credibility and factual issues. The judge decides if they believe the witnesses, like the witnesses, and which expert is more persuasive. These decisions are usually left to the jurors.

Know your Judge. Knowing your assigned judge is critical to a successful case outcome. Some judges look more to experts, the exact language of the law, or to whether they like the employee. It’s a work comp attorneys greatest asset to know their judge’s preferences and tailor their client’s argument and case around it.

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Written By Elliot Frayne

A recently deceased international businessman was given the choice of going to heaven or hell. Fearing he would find eternity tedious in heaven, he asked to see hell. The devil showed him around: fun-loving companions, unlimited drink, unlimited temptations. The businessman opted for hell. The devil said, “Good, now come around to the back door.” The businessman opened the back door, only to encounter flames and wailing, suffering people. he said, “I don’t understand. This isn’t what you just showed me.” Replied the devil, “It’s simple. Then you were a prospect; now you are a client.”

I read this today in a law firm marketing book I was thumbing through. Unfortunately, it rang really close to home and my experience before going out on my own.

The fact of the matter is I have seen first hand the 180 attitude shift that occurs after a client signs the retainer agreement. Before the retainer agreement, the attorney picks up the phone right away, returns missed calls and emails same day, and handles most, if not all, of the prospect’s questions and concerns. After the retainer agreement is signed, the attorney screens calls, doesn’t return calls or emails, and gives most of the client’s questions and concerns to the paralegal.

I think most people understand that lawyers need to be economical and efficient with their time and resources. I certainly do. What I find problematic is how immediate and drastic it really can be. So what can a client do if they see an immediate change in the attorneys time and attention to them after they the sign the retainer?

I suggest giving the lawyer a week. Maybe they were having a busy day or busy couple of days, which happens. If after a week or two the attorney still isn’t giving the same time and attention they were during the prospect phase, then it’s pretty good indicator of what a client can expect from the attorney for the rest of the representation.

If a client changes work comp attorneys, they do not pay more in attorney fees. Discharged attorneys are entitled to some compensation for their time and effort, but it doesn’t come out of the client’s pocket. Rather, if attorney fees are ultimately paid on the case, the discharged attorney can make a claim to get a portion of the new lawyer’s fees. The shorter the amount of time the discharged attorney had the case, the less should be shared.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

In the bustling corridors of hospitals and clinics, nurses and medical assistants play pivotal roles in healthcare. Yet, despite their dedication, these professionals face a multitude of occupational hazards that can jeopardize their health and safety. Understanding these risks is not just about ensuring a safe work’s about preserving the very backbone of our healthcare system.

1. Biological Hazards

Arguably the most apparent risk for healthcare workers is exposure to biological hazards. Nurses and medical assistants routinely come into contact with blood, bodily fluids, and other potentially infectious materials. This exposure can lead to serious health issues, including the contraction of diseases such as HIV, hepatitis B and C, and more recently, the formidable COVID-19 virus. The right protocols—such as proper hand hygiene, use of personal protective equipment (PPE), and rigorous sterilization procedures—are essential defenses against these dangers.

2. Physical Strain

The physical demands on healthcare workers are immense. Nurses and medical assistants often endure long hours on their feet, perform repetitive tasks, and engage in the manual lifting and transferring of patients. These activities can lead to musculoskeletal injuries, including back injuries, sprains, and strains. To combat these issues, it’s crucial for healthcare facilities to provide training on proper body mechanics, make available assistive devices for patient handling, and encourage regular breaks to alleviate physical stress.

3. Chemical and Drug Exposure

Healthcare settings are riddled with chemical hazards. From the cleaning agents used in sanitization processes to the handling of chemotherapy drugs, nurses and medical assistants are regularly exposed to a variety of dangerous chemicals. Inhalation or skin contact with these substances can lead to allergic reactions, respiratory problems, and even more severe health complications. Ensuring that all staff are trained on the safe handling of chemicals and provided with appropriate PPE is not just good practice—it’s a non-negotiable standard.

4. Psychological Stressors

The emotional and psychological toll of working in healthcare should not be underestimated. Nurses and medical assistants face high-stress situations, including life-and-death decisions, dealing with patient suffering, and high workload pressures. This constant stress can lead to burnout, depression, and anxiety. Mental health support through counseling services, stress management training, and fostering a supportive work environment are vital in addressing these psychological hazards.

5. Workplace Violence

Alarmingly, healthcare workers are at an increased risk of workplace violence. Patients or their families, stressed and frightened, may lash out at those trying to help. Preventative measures such as training staff to recognize and de-escalate aggressive behaviors, implementing strict visitor policies, and ensuring sufficient security are critical steps in safeguarding our healthcare workers.

Protecting Our Protectors

The irony of healthcare work is palpable: those tasked with caring for the well-being of others are often placed in harm’s way themselves. It is imperative that healthcare institutions recognize and mitigate these occupational hazards to protect their employees effectively. Moreover, understanding these risks equips nurses and medical assistants not only to take care of their patients but also themselves.

For those in the nursing and medical assisting fields, awareness and preparation are your best allies. By recognizing the common hazards and advocating for safer work conditions, you help create a healthier workplace for everyone. And remember, in a profession dedicated to healing, your own health should never be compromised.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Knee replacement surgery, also known as knee arthroplasty, is a common procedure performed to relieve pain and restore function in people with severe knee arthritis or injury. While it can be highly effective in improving quality of life, it is often considered a last resort for some workers due to various factors that need careful consideration.

Workers, particularly those in physically demanding jobs, rely heavily on their knees for mobility and productivity. For them, knee pain and dysfunction can significantly impact their ability to work, leading to reduced productivity, increased sick leave, and sometimes even job loss. In such cases, knee replacement surgery may seem like a promising solution to regain mobility and return to work.

However, knee replacement is a major surgery that comes with risks and considerations, especially for workers. One of the key factors is the recovery time, which can vary depending on the individual and the type of work they do. While some workers may be able to return to work within a few weeks or months, others may require a longer recovery period, during which they may not be able to work at all.

Another consideration for workers is the physical demands of their job. Jobs that require heavy lifting, prolonged standing, or repetitive knee movements may not be suitable for someone who has undergone knee replacement surgery. In such cases, workers may need to explore alternative job options or make modifications to their current job duties to accommodate their physical limitations.

Additionally, workers considering knee replacement surgery should also be aware of the potential long-term implications. While the surgery can provide significant pain relief and improve mobility, it is not a permanent fix. Over time, the artificial knee joint may wear out, requiring additional surgeries or interventions.

It’s also important for workers to consider the financial implications of knee replacement surgery. The cost of the surgery is just one financial implication, there may be additional expenses such as rehabilitation, medication, and time off work that need to be taken into account. Work comp pays for these sorts of things.

For some workers, knee replacement surgery may indeed be the best option to relieve pain and improve mobility. However, it should be approached as a last resort after exploring other conservative treatment options such as physical therapy, medication, and lifestyle changes.

Did you know that for most dates of injury, a total knee replacement results in at least a 14.44% PPD rating under Minn. R. 5223.0510? In addition to the 14.44%, you may also get more PPD depending on reduction in range of motion. A 14.44% PPD rating is worth $18,697.63.

If you are considering knee replacement surgery, don’t hesitate to reach out to me for a consultation. Together, we can work to protect your rights and ensure that you receive the care and compensation you deserve.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Brace yourself for the stereotypical lawyer answer: “IT DEPENDS.”

Such a cop out, right? Well, it’s a complicated question. I would guess that most employee’s attorneys would say MMI is a bad thing for a client’s case. If you’re wonder what MMI is, check out my blog post here. I’m going to give a hot take and give a few reasons why I don’t think MMI is always a bad thing for employees, especially when it comes from the employee’s treating physician rather than an IME.

1. No Need for Surgery or Other Risky Procedures. Surgeries are not fun. Going under the knife can be stressful and scary with no guarantee of a favorable outcome. If you’re at MMI, it means that you aren’t recommended for surgery.
2. Permanent Work Restrictions. If you have a permanent work injury, a treating physician will assign permanent work restrictions when they place you at MMI. Having permanent work restrictions increases the value of a work comp case.
3. Permanent Partial Disability. Although PPD ratings may be given prior to MMI (minimal ascertainable PPD), most PPD ratings are assigned at the time MMI.

MMI is only a defense to temporary total disability benefits. It doesn’t affect an employee’s right to any other benefits.

Again, this assumes that the MMI determination is coming from a doctor that is on the employee’s side. If an MMI determination comes from an IME or other medical professional who doesn’t have the employee’s best interests at heart, MMI can put a lot of pressure and stress on an employee who still needs to heal. If you feel you’ve been placed at MMI too quickly, consult a work comp attorney.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

I was recently asked what someone would get for a PPD rating following a thumb surgery. Admittedly, I had never gotten this question before and had to look it up. The answer might surprise you.

For PPD ratings in Minnesota, we go to Minn. R. 5223. For hand and finger conditions, the applicable rule is 5223.0480. This rule essentially gives a number of hand and finger conditions that qualify for PPD ratings and then may be combined with loss of range of motion categories for the final rating. However, the important thing to know is that the PPD rating for the thumb cannot be more than PPD rating for a complete loss of toe under Minn. R. 5223.0540. For the thumb, the max PPD rating is 22%. Want to know what 22% PPD rating is worth? That depends on the date of injury. But for the dates of injury on or after October 1, 2023, you could use our current PPD value calculator. By my calculations, 22% PPD has a value of $30,738.40. I’d rather have my thumb.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

I recently got the question about what permanency percentage would be given following their big toe surgery. Admittedly, I had never gotten this question before and had to look it up. The answer might surprise you.

For PPD ratings in Minnesota, we go to Minn. R. 5223. For foot and toe conditions, the applicable rule is 5223.0530. This rule essentially gives a number of foot conditions that qualify for PPD ratings and then may be combined with loss of range of motion categories for the final rating. However, the important thing to know is that the PPD rating for the toe cannot be more than PPD rating for a complete loss of toe under Minn. R. 5223.0550. For the big toe, the max PPD rating is 8%. Want to know what 8% PPD rating is worth? That depends on the date of injury. But for the dates of injury on or after October 1, 2023, you could use our current PPD value calculator.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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Written By Elliot Frayne

Herniated discs are a common injury among workers, particularly those in physically demanding jobs. These injuries can have a significant impact on a person’s ability to work and quality of life. For individuals who have suffered a herniated disc on the job, understanding their rights under workers’ compensation is important. This article explores herniated discs, their causes, symptoms, and treatment, as well as how workers’ compensation can help those affected.

What is a Herniated Disc?

A herniated disc, also known as a slipped or ruptured disc, occurs when the soft inner core of a spinal disc pushes through a crack in the tough outer layer. This can result in irritation of nearby nerves, leading to pain, numbness, or weakness in the back, legs, or arms.

Causes and Risk Factors

Herniated discs can be caused by a variety of factors, including age-related wear and tear, lifting heavy objects incorrectly, or sudden twisting movements. Workers in occupations that involve repetitive lifting, bending, or twisting motions are at a higher risk of developing herniated discs. This includes professions such as construction workers, healthcare providers, and warehouse workers.

Symptoms

Symptoms of a herniated disc can vary depending on the location and severity of the injury. Common symptoms include:

• Pain in the back or neck that may radiate to the arms or legs
• Numbness or tingling in the affected area
• Weakness in the muscles
• Difficulty walking or standing for long periods

Diagnosis and Treatment

Diagnosing a herniated disc typically involves a physical examination, medical history review, and imaging tests such as MRI or CT scans. Treatment options vary depending on the severity of the injury but may include:

• Rest and activity modification
• Physical therapy to strengthen muscles and improve flexibility
• Medications to reduce pain and inflammation
• Epidural steroid injections to relieve pain and swelling
• Surgery in severe cases where conservative treatments have failed

Workers’ Compensation for Herniated Discs

Workers who develop a herniated disc as a result of their job duties may be eligible for workers’ compensation benefits. These benefits can help cover medical expenses, lost wages, permanent partial disability benefits, and rehabilitation costs. To qualify for workers’ comp, the injury must be work-related.

Filing a Workers’ Comp Claim for a Herniated Disc

To file a workers’ comp claim for a herniated disc, follow these steps:

1. Notify your employer: Inform your employer of your injury as soon as possible. Failure to give notice of the injury promptly could affect your eligibility for benefits.
2. Seek medical attention: Visit a doctor for a thorough examination and to document your injury. Your medical records will be essential for your claim.
3. File a claim: Your employer is responsible to file a claim with their work comp insurer. Consult with an attorney if your employer refuses to report the injury to their insurer.
4. Follow up: Keep detailed records of all medical appointments, treatments, and expenses related to your injury. This information will be crucial for your claim.
5. Consult with an attorney: If you encounter any difficulties with your claim, consider seeking advice from a workers’ comp attorney. They can help you understand your rights and navigate the claims process.

Conclusion

Herniated discs can have a significant impact on a person’s life, especially if they occur in the workplace. Understanding the causes, symptoms, and treatment options for herniated discs is crucial for those affected. Workers’ compensation can provide much-needed support for individuals dealing with a herniated disc injury, helping them get the care and compensation they need to recover and return to work.

Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.

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