All posts by David Kempston

Beware of Social Media – Second Posting

I have written on this subject before; however, it bears revisiting.  I cannot overemphasize the importance of caution when it comes to the use of social media by an injured worker.  Increasingly, insurance companies, their investigators, and their attorneys are turning to the internet to obtain information to help them defend workers’ compensation claims. It […]

Lawyers

Who Can Get Reimbursed for Transporting an Injured Worker to a Medical Appointment?

The Minnesota workers’ compensation statute provides for reimbursement of “medical mileage” when the employee travels by car for necessary medical care. Reimbursement of medical mileage directly to the employee is supported by case law. It is also supported by rule. See Minn. Rule 5221.0500, Subpart 2E. This Rule states that travel expenses incurred by an […]

Changes to the Minnesota Workers’ Compensation Law

The Minnesota Worker’s Compensation statute underwent substantial revision during the past legislative session. Most of the statutory changes will take effect October 1, 2013. The following is a short summary that outlines the main changes: The implementation of pain contracts. This will affect employees who use opioids on a long term basis. These circumstances will […]

When do I give notice of a work injury?

I recently had a conversation with an individual who failed to give timely notice of a work injury to his employer. The employer was a friend. The injured worker “did not want to rock the boat”. As a consequence, he was later precluded from pursuing a claim for workers’ compensation benefits by operation of the […]

After my work injury, who gets to pick my pharmacy?

After a work injury, Minnesota law requires the employer and workers’ compensation insurer to provide all medical care and treatment causally related to and reasonable and necessary to cure and relieve the effects of the work injury. This includes paying for necessary medications. Questions often arise as to who gets to pick the pharmacy where […]

Be Aware of Social Media

As the Internet expands and social media becomes ever more popular, insurance companies and their investigators and attorneys are often turning to Facebook and other internet venues to help defend against injured workers’ claims. Requests for access to Facebook posting are not that uncommon anymore. Moreover, Courts typically allow these requests because, as a general […]

Who gets to pick my doctor after a work injury?

Following a work injury, the injured worker generally possesses the right to pick the treating doctor. It has long been the law that Minnesota employees are given great latitude both in choosing and changing physicians. This choice can be limited, if the employer participates in a certified managed care plan. If that is the case, the employee will be required to pick a physician within the list provided by the plan – unless a documented history of treatment before the injury with that doctor can be demonstrated. Absent a certified plan, however, the employee has the right to choose the doctor who treats the injury.

What happens at my Minnesota workers’ compensation deposition?

You have filed a workers’ compensation claim on a disputed case and then you get a letter from your lawyer indicating the adverse attorney has scheduled your deposition.  Bad Perry Mason re-runs come to mind.  You get unwanted advice about how to testify from various friends and relatives.  You have lots of questions.  First and […]

Who Pays My Health Insurance?

You have been off work for some time following a work-related injury when you receive a letter from your employer. The letter adds insult to the injury. In it, your employer states that because you have been off of work for so long, it will no longer pay its share of your monthly health insurance […]