Injured workers often ask, “If I cannot do my job, because of my work injury, should I just quit?”
This is a trick question. Workers’ compensation provides wage-loss benefits for injured workers, who are unable to return to suitable gainful employment as a result of their work-related injuries. But, if you quit your job, then you put your ability to receive wage-loss benefits at risk.
Our clients frequently ask whether they will have to attend an independent medical examination (IME). They are often fearful about attending a physical or mental evaluation by the employer/insurer’s expert.
An Employee must attend an employer/insurer’s reasonable request for an IME
According to Minnesota Statutes section 176.155, subdivision 1, “The injured employee must submit to examination by the employer’s physician, if requested by the employer, and at reasonable times thereafter upon the employer’s request.”
There are many ways to win an argument. Oftentimes, an experienced attorney will make arguments “in the alternative” to increase the probability of winning.
Successfully arguing, in the alternative, at the Minnesota Supreme Court
When I argued before the Minnesota Supreme Court in January, 2020 (see below), I argued four alternative perspectives to put my client in the best position to win her case, and to ensure the best outcome for future cases affected by the Court’s decision.