In Minnesota, there is a six-year statute of limitations for personal injuries arising out of a motor vehicle accident. Accordingly, you have six years from the date of the accident to serve a Summons and Complaint upon the party or parties responsible for your injuries. Failure to adhere to this date will preclude you from recovery.

While six years may sound like a long period of time, when you factor in treatment time, negotiations prior to serving the Complaint, and settling related claims (i.e., workers’ compensation, applying for and receiving disability), it goes by quickly. To ensure your attorney has ample time to investigate and document the claim – thereby, securing the highest settlement value for you – seek an attorney’s help sooner rather than later. While an attorney may not be able to secure money on your behalf immediately, earlier representation means the attorney will be able to properly document your treatment and damages.

During your intake interview, be prepared to not only talk about the motor vehicle accident and your injuries, but also prior injuries. You will need to inform your attorney of any and all facilities you have treated in the years prior to the accident. Prior injuries to the same or similar areas that were injured in the motor vehicle accident do not preclude recovery, but it is incredibly important for your attorney to be aware of these injuries. Failure to disclose prior injuries or treatment early in your case could cost you hundreds of thousands of dollars.

If you have photographs of the accident, your damaged property, and/or your injuries, bring copies of these to your intake. If the photographs are stored electronically on your phone, computer or camera, the attorney will ask that you send them to him or her. Any pictures taken by you or others can and, likely, will become evidence in your case. To the best of your ability, you should document who took the picture and when it was taken.

Depending on the nature and extent of your injuries, you could be doctoring for several months or even years. Once you hire an attorney, you will need to keep him or her apprised of your diagnosis and prognosis. When you have completed treatment and/or your doctors have determined there is no further treatment, it will be time to evaluate your claim.

Your attorney will gather the appropriate and necessary medical notes, bills, and ledgers of costs already paid on your behalf. You will be responsible for repaying insurance companies who have made conditional payments as a result of your bills. The insurance company’s claims will be paid through your negotiated settlement.

Once the aforementioned documents are gathered, your attorney can submit a demand upon the insurance company or serve the adverse driver(s) with a lawsuit. The route which your attorney will take depends on a number of factors including, but not limited to, the nature and severity of your injuries, your prognosis, and whether your claim is running close to the statute of limitations.

A demand is a letter drafted by your attorney and sent on your behalf to the adverse driver’s insurance company. This document details how the accident occurred, your course of treatment, cost of treatment, and the amount of money you are entitled to as a result of the injuries sustained. The insurance company does not have to reply to the demand within any specified period of time, but generally proposes a counteroffer within 30 to 45 days of receipt of the demand. If the parties are unable to settle your claim via these informal negotiations, a lawsuit may need to be started. Informal negotiations typically last about six weeks (inclusive of the time immediately after sending the demand).

If informal negotiations fail and a lawsuit is commenced, it generally takes 12 to 18 months for your lawsuit to resolve. The vast majority of personal injuries claims settle prior to trial.

Hiring an attorney at the earliest possible time after your motor vehicle accident is critical. We understand you have innumerable things going through your mind after suffering devastating injuries, but having an attorney by your side should alleviate some of this stress. Your attorney will communicate with your insurance company and any adverse insurance companies. Insurance companies have many rights and tools at their disposal to effectively defend your claim. Even your insurance company could turn into an adversary. To ensure the best financial recovery for yourself, you should hire an expert that will explain your rights through it all. Contact Meuser, Yackley & Rowland, P.A. for a free, no-obligation consultation. Call us today at 1-877-746-5680.

A few weeks ago, I argued before the Minnesota Supreme Court in the case of Angela Hawley v. City of Blaine and League of Minnesota Cities. Less than ten days later, the Minnesota Supreme Court dismissed the employer/insurer’s appeal as moot, which is one of the outcomes that I advocated for at oral arguments.

(You can view a video of the oral argument by clicking on the following link: http://www.mncourts.gov/SupremeCourt/OralArgumentWebcasts/ArgumentDetail.aspx?vid=1358)

As a result, the Workers’ Compensation Court of Appeals (WCCA) decision, that a Workers’ Compensation Judge does not have subject matter jurisdiction to decide a discovery motion before proceedings have commenced, remains the law effecting all future cases.

This is an incredible outcome, that will have a significant impact on injured workers and the Minnesota workers’ compensation system.

But, what does this mean?

Practical impact of winning at the Minnesota Supreme Court

Practically speaking, it means that an employer cannot compel an employee to attend an invasive psychological examination, before the employer admits liability for her workers’ compensation claim and pays benefits, or the employee initiates a proceeding by filing a Claim Petition.

(It would be like reporting a traffic accident to your auto insurance provider and being compelled to attend an adverse medical evaluation before deciding whether you want to bring a claim.)

How did we get here?

Every workers’ compensation case starts with an injured worker. Here, a Police Officer sustained an injury in the nature of PTSD, she reported her injury to her supervisor, and the employer denied liability for her injury. After denying liability for her injury, the employer/insurer sent the Police Officer notice that she was scheduled to attend an independent psychological evaluation. However, she had not yet filed a Claim Petition, or otherwise put her mental health into controversy. All she had done at that point, was report her injury and request a First Report of Injury.

Fortunately, the Police Officer had hired Meuser, Yackley & Rowland, P.A. to protect her rights and advocate for her interests. Meuser, Yackley & Rowland, P.A. sent a letter to the employer/insurer explaining that the Police Officer would not agree to attend an independent psychological evaluation, at this time, as was her right. The employer/insurer filed a Motion to Compel, and the Workers’ Compensation Judge determined that she did not have jurisdiction to decide the employer/insurer’s motion.

The employer/insurer appealed the Workers’ Compensation Judge’s decision to the Workers’ Compensation Court of Appeals. Meuser, Yackley & Rowland briefed and successfully defended the employee’s position, and the Workers’ Compensation Court of Appeals affirmed the Workers’ Compensation Judge’s decision. The employer/insurer then appealed to the Minnesota Supreme Court.

The issue decided by this case

The issue in this case was whether a Workers’ Compensation Judge at the Office of Administrative Hearings has subject matter jurisdiction to decide an employer/insurer’s discovery motion to compel an independent psychological evaluation, in the context of a denied claim, before a petition initiating a proceeding has been filed.

The Workers’ Compensation Judge determined that she did not have subject matter jurisdiction over the employer/insurer’s motion to compel an independent psychological evaluation because the employee had not availed herself of the benefits of the Workers’ Compensation Act. The WCCA affirmed on the basis that the employee had not filed a Claim Petition, initiating litigation of her workers’ compensation claim and putting her mental health at controversy.

The Minnesota Supreme Court dismissed the case as moot because the employee filed a claim petition (vesting subject matter jurisdiction) and attended the independent psychological evaluation (the object of the employer/insurer’s motion).

Meuser, Yackley & Rowland won at the Office of Administrative Hearings and at the Workers’ Compensation Court of Appeals. The employer/insurer appealed to the highest court in the State of Minnesota. However, because the Minnesota Supreme Court dismissed the case, the Workers’ Compensation Court of Appeals decision remains the law effecting all future cases.

It is your right to choose whether to file a claim for workers’ compensation benefits

An employee should be able to choose whether to bring a claim for benefits, and unless/until the employee puts her mental health into controversy, the employer should not be allowed to compel an employee to turn-over sensitive mental health treatment records and attend an adverse psychological evaluation.

What to do if your employer requests an adverse psychological evaluation

If you have notified your employer that you were injured at work, and your employer asks you to attend an independent medical examination, proceed with caution. The employer/insurer is not asking you to attend an independent medical examination to conduct a “fair and independent” evaluation of your injuries.

Rather, an independent medical examination is bought and paid for by the employer/insurer to provide it with defenses against your claim, support their ongoing denial of benefits. If you are in this situation, then you need to get a lawyer, and fast, in order to protect your rights. Contact Meuser, Yackley & Rowland, P.A. for a FREE and CONFIDENTIAL consultation. Call us today at 1-877-746-5680.

We are excited to announce that Jennifer Yackley and Lindsey Rowland have been named partners and, as such, Meuser Law Office, P.A. is now Meuser, Yackley & Rowland, P.A. Established in 1990, Meuser Law Office, P.A., is recognized as one of the top law firms in Minnesota dedicated to the integrated practice of workers’ compensation, PERA/MSRS disability, and personal injury law. We believe that experience matters and this change builds on the foundation for our future.

Jennifer Yackley is a fierce advocate for police officers & firefighters. Jen has been working for Meuser Law since graduating from Hamline University School of Law in 2007. Jen’s forte includes her legal writing and the ability to manage complex cases involving the coordination of benefits and complicated medical issues.

Lindsey Meuser Rowland joined Meuser Law in 2018 after receiving her J.D., Magna Cum Laude, from St. Thomas School of Law. While in school, Lindsey worked for both the Workers’ Compensation Court of Appeals and the Office Administrative Hearings – Workers’ Compensation Division, where she gained courtroom exposure. As a student attorney Lindsey successfully argued a pro-bono case before the United States Court of Appeals for the Ninth Circuit. Just recently, Lindsey argued a legally significant workers’ compensation case before the Minnesota Supreme Court which had a positive outcome as well.

Combined, the team of attorneys at Meuser, Yackley & Rowland, P.A. have 50+ years of experience and the depth of knowledge that is so crucial to the intertwined practice of work comp, PERA/MSRS disability, and personal injury law. We will successfully manage all aspects of your case, bringing a full understanding of all three areas and how they interrelate with each other to the table, so you receive all the benefits and compensation you are entitled to under the law.

Our legal team, which includes 6 attorneys a growing number of paralegals, clerks, analysts, and administrative assistants, has represented more firefighters, police officers and first responders injured in the line of duty than any other law firm in the state of Minnesota. The name of our firm has changed, but the same dedicated service to each of our clients remains the same. Founder, Ron Meuser Jr., will remain an active partner and is committed to ensuring that the clients of Meuser, Yackley & Rowland, P.A. obtain the best possible results from their claims. Satisfied clients are the foundation of our reputation and the reason for our firm’s longstanding success. Please join us in congratulating Jen & Lindsey on their elevated presence within the firm.

Established by the Minnesota State Bar Association to prepare and present high-quality continuing legal education for Minnesota attorneys, the Minnesota Continuing Legal Education (CLE) recently hosted the 2019 Workers’ Compensation Deskbook Seminar and invited Ron Meuser, Founder, Meuser Law Office, P.A. to participate in a discussion panel. Held at their state-of-the-art conference center in Minneapolis, the full day event provided comprehensive coverage of various practice developments.

Ron was part of a live session, The PTSD Claim – A Medical and Legal Discussion: Causation, Damages and More, which focused on the importance of post-traumatic stress disorder in the current workers’ compensation climate. Post-traumatic stress disorder is finally being recognized as a serious problem for those who suffer a work-related injury, including the State’s first responders. Since October 2013, Minnesota workers’ compensation laws now include PTSD as a compensable injury.

Ron was joined by other experts in the medical and legal fields with each panel member answering questions and participating in a discussion that resulted in substantive information and perspectives shared with the attendees. The Q & A and discussion topics included, but were not limited to:

• What is PTSD, what are the symptoms and are there pre-existing conditions that make one more susceptible to PTSD?
• What treatment modalities are most effective?
• What circumstances allow for removing an injured worker from the job entirely vs putting work restrictions in place?
• Has there been a rise in the number of cases involving PTSD over the last couple years? If so, can it be attributed to something in particular?
• Discussion about recent Supreme Court cases involving PTSD, and much more

Meuser Law Office, P.A. is on the forefront of raising awareness and establishing standards and procedures for the treatment of patients with a compensable mental impairment of post-traumatic stress disorder. Ron Meuser is honored to be thought of as an expert in this type of law and enjoyed participating in the workers’ compensation seminar discussion panel.

If you or someone you know suffers from PTSD due to a work-related accident or traumatic incident, you should consult with an attorney who specializes in this area of the law. At Meuser Law Office, P.A. we have represented many clients with PTSD, including police officers, firefighters, first responders, and correctional officers. We understand this nuanced area of the law and work with our client to ensure you receive the full benefits to which you are entitled. Contact Meuser Law Office, P.A. for a free, no-obligation consultation today. Call us today at 1-877-746-5680.