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Mary Beth Boyce

What is a Claim Petition?

Topics

PERA

Workers' Compensation

Personal Injury

MeuserAboutUs_Header_1After an employer and insurer denies responsibility for a part or the entirety of a work injury and refuses to pay benefits, an attorney may initiate a workers’ compensation claim in Minnesota by filing a claim petition with the Court. Sometimes it’s appropriate for an attorney to file a request for rehabilitation or medical request with the Department of Labor and Industry and other times it’s more effective and advantageous to file a claim petition. In other cases, the case is on the hearing track after a lost .239 or NOID conference and a party will file a request for a formal hearing.

A claim petition sets forth the basic information about the employee’s claim, such as:

• Employee’s name
• Employer
• Insurer for the employer
• Address
• Social security number
• Date of birth
• Date(s) of injury

The claim petition also lists the nature of the injury and the employee’s estimated average weekly wage. The claim petition will outline the type of claims for benefits against the insurer and employer. These claims may include wage loss benefits, out of pocket medical expenses, rehabilitation benefits, and medical benefits. The claim petition itself is a general form and can be amended or changed later. You can click on this link http://www.dli.mn.gov/WC/PDF/ec04.pdf to see a copy of the form.

The claim petition also lists third-party payors. Third-party payors are entities that have paid monies to or on behalf of the employee that should have been paid by the work comp insurance carrier. Third-party payors may include clinics with outstanding bills, major medical insurance companies, and even unemployment, long-term or short-term disability. These parties’ claims are included and asserted against the employer and insurer as well.

The claim petition is filed with the Department of Labor and Industry and copies are formally served on the employee, the employer, the insurer, and any third-party payors. The party must also provide an affidavit of service, demonstrating that the parties were properly served with the claim petition. Along with the claim petition, the employer and insurer is served with a demand for discovery—or a request for the employer and insurer to provide pertinent information for the case. The employee also sends out Intervention Notices to the possible third-party payors. Those entities must formally assert their interest in the claim to the court in order to be paid back by the employer and insurer if the claim is successful.

Once the claim petition is filed, the employer and insurer is required to file an answer, or a response to the claim petition, with the Court within 20 days. The employer and insurer will generally deny everything set forth in the claim petition. The case is then scheduled for a settlement conference at the Office of Administrative Hearings. In the interim the parties will conduct discovery. The discovery process includes: depositions, independent medical examinations, and the exchange of wage records and medical records between the parties. The attorney for the employer and insurer will also send a demand for discovery to the employee as well.

After the settlement conference, if the matter is not able to be resolved, the judge will set the matter and move the case on for hearing when a hearing date will be set and scheduled with the court. Sometimes, due to the length of time it may take to obtain medical records or a formal supportive narrative opinion from a treating physician, the settlement conference or hearing date may be continued or pushed back. Some judges will also schedule a pre-trial conference. During the generally short telephone call between the parties and the judge, the parties will advise the judge of the issues before the hearing and whether the parties are ready to proceed to a formal hearing.

If you have sustained a workplace injury and the work comp insurance company is denying all or even a portion of your claim, it is imperative you contact a knowledgeable attorney right away. 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.


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Jen Yackley

Jen Yackley Speaks at the 2017 Minnesota Association for Justice Seminar

Topics

PERA

Workers' Compensation

Personal Injury


Jen Yackley, with Meuser Law Office, P.A., was honored to speak at the Minnesota Association for Justice’s 2017 Workers’ Compensation seminar.

On Friday, March 3, the Minnesota Association for Justice held its annual Spring Continuing Legal Education seminar on Workers’ Compensation. Other speakers included the Honorable Grant Hartman, Administrative Law Judge at the Office of Administrative Hearings, the Honorable Tammy Pust, Chief Administrative Law Judge at the Office of Administrative Hearings, Dr. Daniel Sipple of Midwest Spine & Brain Institute, Kenneth Kimber of the Department of Labor and Industry, and other workers’ compensation practitioners. Lecture topics included:

• Updates from the Office of Administrative Hearings
• Department of Labor & Industry Dispute Certification and ADR
• Understanding Pain – a Guide for Petitioners
• Workers’ Compensation Case Law Update

Jen presented an overview of PERA and MSRS pension benefits, how those benefits are coordinated with workers’ compensation benefits, and important deadlines workers’ compensation practitioners need to be aware of.

The Minnesota Association for Justice (MAJ) was established in 1954 by a small group of lawyers dedicated to protecting the rights of the injured and accused. The MAJ was created to better represent the overall interests of their clients and their profession as well as to share information, trial strategies and to collectively influence legislation. The Minnesota Association for Justice is a dynamic, pro-active membership driven organization dedicated to helping members build their practice, better represent their clients and strengthen the profession. MAJ’s lobbyists and public relations staff monitor legislation, develop strategies and effectively represent its position to legislators and policy-makers.

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. Sitting down with us to learn more about your potential claim 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 often complex process easier to navigate. Contact us today for a free no-obligation consultation by calling 1-877-746-5680.


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Ron Meuser

Re-Introduced Bill Seeks to Help First Responders with PTSD

Topics

PERA

Workers' Compensation

Personal Injury

PTSD_KSTP_billWhen the Minnesota legislature opened the 2017 session, a crucial bill that directly affects Minnesota’s first responders who suffer from PTSD was re-introduced. This bill was originally presented in April of 2016, and did not pass at that time although information has been communicated and much awareness has been raised about this important topic.
Meuser Law Office, P.A. understands the importance of legislature such as this and created a petition in April 2016 to help spread the word and gather support for this bill. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this important bill.

The bill’s author, Senator-elect Dan Schoen, DFL-St. Paul Park, is also a police officer in Cottage Grove. Senator-elect Schoen recently called a meeting in the Senate Office Building to hear from Minnesotans affected by PTSD. Among the people who spoke was St. Paul firefighter and paramedic, Brian Cristofono. Brian, a current client of Meuser Law Office, P.A., says fire departments need to talk about PTSD more and take this issue more seriously. “We spend so much time learning how to save ourselves, how to rescue people, but we don’t give any training time to PTSD or mental health”.

Recently, KSTP Channel 5 Eyewitness News ran a story on this PTSD bill featuring Minnesotans directly affected by PTSD, including Brian Cristofono. Take a moment to watch the KSTP Eyewitness News story with emotions ranging from sad to tragic:

http://kstp.com/politics/post-traumatic-stress-disorder-ptsd-first-responders-state-legislature-minnesota/4349988/?cat=1

Continue reading the original article from our blog site below:

New Bill Seeks to Help First Responders with PTSD

This week, the Minnesota legislature issued a News Release announcing the introduction of a bill that could have major implications for Minnesota’s first responders who suffer from PTSD.

Since October 1, 2013, the Minnesota workers’ compensation law has recognized post-traumatic stress disorder (PTSD) as a “covered” injury for purposes of workers’ compensation law. In the 2 ½ years since the law passed, in our practice, we have unfortunately seen some workers’ compensation insurers take a “full court press” approach to defending against these cases – many involving police officers, firefighters, and corrections officers. We have seen cases where a police officer clearly and obviously suffers from profound PTSD as the result of terrible trauma, and yet the workers’ compensation insurer denies that it was “traumatic enough” of an event, or hires an adverse doctor to offer an outrageous opinion that the person doesn’t have PTSD.

This week, Rep. Dan Schoen (DFL – St. Paul Park) and Sen. Matt Schmit (DFL – Red Wing) introduced a bill that would include post-traumatic stress disorder under the “presumption” section of the Workers’ Compensation Act – meaning that post-traumatic stress disorder would be “presumed” to be work-related for some specific first responders, including police officers, firefighters, paramedics, EMTs, conservation officers, and others.

While PTSD is currently covered under Minnesota Workers’ Compensation, this statute would change the burden of proof – meaning that it would no longer be the employee’s burden of proof to demonstrate that he or she has PTSD and that it is work-related – it becomes the employer/insurer’s burden of proof to disprove that the individual’s PTSD is work-related.

Seeing the practical realities of how PTSD claims are administered by some public employers, we at Meuser Law Office, P.A., are hopeful that this presumption statute will it easier for our state’s first responders to get the benefits they are entitled to under the law.

Representative Schoen commented that “It really just comes down to we’re at the point where there is just zero question whether this is a work-related injury…we know it is.”

Schoen, a Cottage Grove police officer, said police and firefighters have told him of their experiences with post-traumatic stress disorder. Public agencies send first responders into the “worst of the worst,” he said, and those experiences build over time.

“Everybody’s got a bucket and that bucket might be different sizes for different people, but it starts to fill up,” Schoen said.

Schoen and Schmit said they don’t expect their bill to pass this session. The GOP-controlled House has not scheduled a hearing, Schoen said. Instead, they want to hold an information hearing yet this session to raise awareness.

We at Meuser Law Office, P.A., have created a petition for you to easily show your support for this legislation. Click here to read and sign the petition. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to sign and share this petition and/or contact their legislators to urge them to support this important bill.

Meuser Law Office, P.A., has proudly represented Minnesota's first responders for PTSD-related claims for over a decade. We encourage all current and former law enforcement officers, firefighters, State Troopers, first responders, and family and friends of Minnesota's first responders to contact their legislators to urge them to support this important bill.
Click here to find contact information for your state representatives.


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Mary Beth Boyce

What to Expect at a Work Comp Hearing

Topics

PERA

Workers' Compensation

Personal Injury

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


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Ron Meuser

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

Topics

PERA

Workers' Compensation

Personal Injury

LOGO-BANNER4

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


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Mary Beth Boyce

How do I Prepare for My Deposition?

Topics

PERA

Workers' Compensation

Personal Injury

MeuserAboutUs_Header_1A deposition is an on the record formal oral interview. In Minnesota workers’ compensation claims, attorneys for employers and insurers typically conduct a formal interview of an injured employee. Depositions are used in the discovery phase of litigations. The parties may learn important information about where and when the injured worker sought medical care, witnesses to the accident, and his or her current medical condition. The deposition may even be introduced at evidence at a hearing or work comp trial. Read More


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Ashley Biermann

Amazon Warehouse Injury Work Comp Claims

Topics

PERA

Workers' Compensation

Personal Injury

AmazonWarehouse2Amazon is a powerhouse company that was first known as “the world’s biggest bookstore.” It has since been given the title of America’s largest retailer (online or off) employing nearly 240,000 people worldwide. Therefore, it is not surprising that Amazon has become a large employer in Minnesota since opening a fulfillment center in Shakopee. The Amazon fulfillment center in Shakopee, Minnesota is a giant warehousing and shipping facility, which will employ upwards of 1,000 workers. This is great news in terms of local job creation but also brings with it a host of other concerns. Amazon has been accused of mistreating its warehouse employees in a variety of ways, including in the realm of workplace injuriesRead More


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Ron Meuser

Ron Meuser and Jen Yackley Speak at The Law Enforcement Labor Services (LELS) Meeting

Topics

PERA

Workers' Compensation

Personal Injury

peraOver-content2_copyRecently, Ron Meuser and Jen Yackley of Meuser Law Office, P.A. were proud and honored to speak at the Minnesota Law Enforcement and Labor Services (LELS) monthly meeting in August, 2016 held in St. Paul, Minnesota. Read More


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Mary Beth Boyce

Do You Need a Functional Capacity Evaluation (FCE)?

Topics

PERA

Workers' Compensation

Personal Injury

firefightersSometimes undergoing a Functional Capacity Evaluation (FCE) can help your 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. Read More


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Mary Beth Boyce

MN PERA Duty Disability Application Tips – Be Cautious of Misinformation

Topics

PERA

Workers' Compensation

Personal Injury

peraOver-content3_copyAt Meuser Law Office, P.A. we represent more police officers, firefighters, and other first responders injured in the line of duty than any other law firm in the State of Minnesota. The attorneys at Meuser Law Office, P.A. have more experience representing public servants in their claims for PERA Duty Disability benefits than any other attorney in the State of Minnesota. Read More


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