You used to be a skilled plumber, but since your lumbar spine injury and subsequent medical treatment, it is impossible to resume your former employment. The main issue is the constant kneeling and squatting in tight spaces and awkward positions that the job of a plumber requires. Attempting to continue to work in your former position will undoubtedly re-aggravate your injury and worsen your lumbar spine injury.
Under the Workers’ Compensation Act, you may be entitled to rehabilitation benefits. The goals behind rehabilitation benefits are set out in Minnesota Statute §176.102. The purpose of rehabilitation is to return the employee to “suitable, gainful employment” or to a position that is economically similar to his prior, pre-disability position and within his physical restrictions. This analysis takes into account not only one’s immediate income, “but also opportunity for future income.”

In Minnesota, rehabilitation benefits are available to help you return to suitable gainful employment. According to the Minnesota Department of Labor and Industry, you’re eligible to receive these benefits if you are unable to do your usual and customary job because of your injury, your employer is unable to provide other suitable employment, and rehabilitation services will benefit you.

You may receive a notice that you’ve been scheduled for an IME, or independent medical exam. If you’ve been scheduled for an IME, this typically means that the insurance company or the adjuster is looking for a reason to cut off your wage loss or your medical benefits.
An IME is paid for by the insurance company, therefore their doctors are not objective and they certainly are not independent. A lot of clients want to know What can I expect with an IME? You will sit down with a doctor who will conduct a physical examination of you. He’ll ask you questions about the nature and extent of your injury, and any kind of past medical history you might have as well. We always remind our clients to:

• Be Polite. While the doctor is not your friend, you do not gain any brownie points by being abrasive or arguing with the doctor about your injury.
• You have to be on time. It is very important to be on time. Even if an emergency comes up and you are not able to make your IME appointment, first call your lawyer as soon as possible and we will take care of notifying the other people. Or if you are unrepresented, call the adjuster or call the doctor’s office to let someone know right away. If you do not show for the independent medical exam, you can be charged.
• Be honest with the doctor. Explain what hurts; how it hurts; what happened. Don’t worry about, so much, how your case is coming across just explain what is going on with your symptoms. Also remember, while you don’t want to go overboard with volunteering information, you want to explain what happened, how you’re feeling, and what your medical treatment is to date.

Your job was physically demanding. It required you to lift and carry heavy boxes and equipment in tight spaces and from awkward positions. Now if this was a requirement a handful of days per year, it likely would not have been a problem. But, 250 days a year? One day? Now, there’s a good possibility that something will go wrong—and it did.
Low back pain is a fairly common complaint among workers. In fact, 5% of adults have a developmental crack in their vertebrae (usually near the lower spine and tailbone). This condition is called “spondylolysis.” Many people can continue to work with this condition but over time heavy work and lifting can aggravate or accelerate this underlying condition and result in a much more severe medical condition.

Sometimes the symptoms take years to develop, and may include low back and buttocks pain, leg weakness, numbness, increased sway back, or a limp. In other words, a dramatic decrease in overall quality of life. After trying every non-surgical method available to deal with the intense pain—including physical therapy, injections, and strengthening exercises—your doctor recommends surgery to relieve the pinched nerve and a fusion surgery to prevent any further slippage of the cracked vertebrae.

The problem? Spinal fusion surgery is expensive. A ballpark estimate for the procedure is 100k. Because your job duties aggravated or accelerated your back condition, you’re entitled to medical benefits under the Workers’ Compensation Act.

Hi, my name is Jen Yackley and I’m an attorney at Meuser Law Office, P.A. Our law office specializes in workers’ compensation, PERA disability benefits, MSRS disability benefits and personal injury on behalf of workers injured in the course and scope of their employment in Minnesota. I grew up in Canby, Minnesota, a small town in Western Minnesota. I earned my Bachelor’s degree from Beuna Vista University in Storm Lake, Iowa, and went on to earn my Juris Doctor degree from Hamline University in 2008. I began working at Meuser Law Office as a law clerk while I was in law school in 2007 and I’ve been there ever since. I began practicing as an attorney in 2008.

While I was in law school, my husband sustained an injury in the course and scope of his employment doing construction work. The work comp insurer denied that he was an employee within the meaning of the work comp laws and they denied his claim. I saw first hand what it was like to deal with a work injury when work comp is refusing to pay for medical expenses and refusing to pay for your wage loss. He went to trial and he won, so I saw the whole process start to finish and we obviously had a good result. I have seen what it’s like to not only go through a case where the work comp insurer is denying your claim, but also what it’s like when the insurance company is actually paying your claim.

Through that process, I learned that the workers’ compensation system is its own unique court system and I found the work comp laws to be very fascinating and decided I wanted to practice in this area.

Almost from day 1 working with Meuser Law Office, I was working on cases involving police officers and firefighters. While I was a law clerk, some of my first work involved writing court of appeals briefs on behalf of firefighters who were fighting for their right to health care continuation benefits. Since that time our practice has only grown in terms of the number and scope of firefighters and police officers we work with throughout this state. It’s my favorite practice area. I love working on firefighter and police officer cases, it’s extremely rewarding and it’s extremely interesting work. Not only that, but I do have a soft spot in my heart for firefighters because my dad was a volunteer firefighter in my small hometown for 25 years.

I’m honored to have the opportunity to represent police officers and firefighters and I’m very proud of the work we do at Meuser Law Office, P.A..