2014 Super Lawyers | Law Office of Thomas Mottaz

The Law Office of Thomas Mottaz is proud to announce that David Kempston and Thomas Mottaz have been named Minnesota Super Lawyers . Congratulations to Thomas Mottaz and David Kempston for their recognition again as being one of the top and best Minnesota workers' compensation lawyers in Minnesota. Please join us in congratulating these wonderful attorneys on their accomplishments and ongoing commitments to excellence. Every year, Super Lawyers magazine, which is published in all 50 states and reaches more than 13 million readers, names attorneys in each state who attain a high degree of peer

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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 now require a written contract with the prescribing provider. There is change regarding the collection of written data by the State on the prevailing charge for medical treatment. Specifically, the current collection

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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 notice statute. Simply put, his notice was too late. Under Minn. Stat. § 176.141, unless an employer has actual notice of the injury, an injured worker must give notice within 180 days of its occurrence. Overall, the notice statute establishes a three-tiered approach: • injuries

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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 medications are filled. Intuitively, you would think the injured worker gets to make the choice. That would be consistent with Minnesota law which generally allows the employee the choice of treating physicians. That is not the case, however. The

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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 rule, postings on Facebook are meant to be shared with others. An injured worker is hard-pressed to argue that the insurer should not have access to photos and other information when their 600+ “friends” have access to that

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The Workers’ Compensation Insurer has Stopped my Chiropractic Treatment for my Work Injury, but my Chiropractor Continues to Recommend Further Treatment. What are my Options to get More Treatment?

After an injury, the employer and insurer are required to pay for all reasonable, necessary and causally related medical treatment. However, there are limits to the duration and frequency of certain treatments that you can receive. One of those treatments that have limits include chiropractic care. Typically, workers' compensation covers 12 weeks of chiropractic treatment. This varies depending on each individual case. With that being said, it is possible to get additional treatment past 12 weeks if the treatment is "reasonable and necessary."

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Do I need a Workers’ Compensation Lawyer to Represent me for my Injury, Even if my Claim is Small?

In most cases, the most pressing need for a lawyer comes when benefits are being denied. Even in cases when the denial involves a small amount of money or tiny bill, it is still money or benefits that are owed to you. In workers’ compensation cases, the law is set up to assist injured workers in their ability to obtain legal counsel to represent them even when it is a small claim.

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I have Complex Regional Pain Syndrome “CRPS” or Reflex Sympathetic Dystrophy “RSD,” how will that Effect my Minnesota Workers’ Compensation Case?

I have Complex Regional Pain Syndrome “CRPS” or Reflex Sympathetic Dystrophy “RSD,” how will that Effect my Minnesota Workers’ Compensation Case? What is complex regional pain syndrome “CRPS” or reflex sympathetic dystrophy “RSD”? This is a condition that causes pain, swelling and various other symptoms. It can occur in one body part but can also transfer to other body parts. This can be brought on by trauma or injury to a body part.

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How Long do Workers’ Compensation Benefits Last in Minnesota?

How Long do Workers’ Compensation Benefits Last in Minnesota? Injuries can range from strains to fractures to no wage loss to being permanently and totally disabled where you can never return to work. The benefits an injured worker receives depends on the injury and whether that injury continues to remain a substantial contributing factor in their disability. Tied into this is the limits on the four types of benefits that an injured employee is entitled. I have previously written on the benefits available. That being said, an injured worker can receive certain benefits for the rest of their

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If I accept a retirement package or severance, would I be entitled to benefits now or in the future?

If I accept a retirement package or severance, would I be entitled to benefits now or in the future? Accepting a retirement package or severance will not preclude you from receiving benefits including lost wages. In cases of voluntary termination, the injured worker's right to wage loss benefits is suspended until the injured worker can show that the work-related disability is the cause for the inability to find or hold new employment. This can be established by work restrictions and an active job search on the part of the injured worker.

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