The Law Office of Thomas Mottaz

The Law Office of Thomas Mottaz is proud to announce that its attorneys have been named Minnesota Super Lawyers and Rising Stars for 2011. 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.  Congratulations to Jerry Sisk for his recognition as a Rising Star. 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 recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. Polling, research and selection are performed. Only the top 5% of Minnesota attorneys are named Super Lawyers.

Other Awards and Accomplishments pertaining to the Law Office of Thomas Mottaz:

• Minnesota Monthly “2011 Best Lawyers”  – Thomas Mottaz & David Kempston;
• U.S. News & World Report “Best Law Firms 2010″ – Tier 1 – The Law Office of Thomas D. Mottaz;
• The College of Workers’ Compensation Lawyers – Class of 2011 – Thomas D. Mottaz;
• Minnesota Workers’ Compensation Deskbook - Co-editor, Thomas D. Mottaz.

For more information concerning the Law Office of Thomas Mottaz, please stop by our website at mottazlaw.com.

If you have questions concerning your Minnesota workers’ compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys willing to help. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

The Minnesota government shutdown has left injured workers with no legal recourse to obtain desperately needed workers’ compensation benefits.  Without any conferences or hearings at the Department of Labor and Industry or the Office of Administrative Hearings, injured workers’ are unable to obtain benefits when they have been denied by the workers’ compensation insurer.  This is a complete violation of injured workers’ rights under the law.

It is important to let your representatives know that your rights are being violated and we want an end to the government shutdown.

1. Find your Representatives

 To find your legislators contact information click on the link below: http://www.gis.leg.mn/OpenLayers/districts/

To contact Governor Dayton: http://mn.gov/governor/contact-us/

2. Contact Method

• Email
• Mail
• Phone

Mail/Email:

 When mailing/ emailing keep in the mind the following to include in your letter:

• Simple and Clear Message – You, the injured worker, has constitutional rights were are being violated which is causing significant harm to you and your family.
• Provide a rationale for why the legislature should be concerned – i.e.  hardships, cancelled hearing/conference, loss of medical treatment, loss of income, loss of job due to end of FMLA, worsening of condition, etc.
• What should be done about it – Ending the government shutdown so you can exercise your right to entitlement to workers’ compensation benefits through the Department of Labor and Industry and Office of Administrative Hearings as governed by law.
• Personal, compelling and persuasive. Elected officials respond to pressure from voters. Make sure to humanize the issue in your own words.

 Emailing Tips

• Include your name, address and phone number.
• Include Zip Code at the beginning of the Subject Line
• Include in the Subject Line the “MN Government Shutdown”
• Personalize your message to the legislators. 
• Do not send the same E-mail to all legislators, put a specific message to your representative or senator.
• Keep it short and simple. If it is long message, letter would be better.
• Individualized postal letters have more perceived influence on undecided Congressional members than either individualized e-mails or faxes.

Sample Letter/Email

Honorable (Full Name)
Minnesota House of Representatives
Room # State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1298

or

Honorable (Full Name)
Minnesota Senate
Room # Capitol Building
75 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155-1606

Subject: MN Government Shutdown – Zip #

 Dear Mr./Mrs./Miss/Ms. (Surname)/Governor Dayton):

I am a voter in your district,  living at : (your address).  I suffered a work related injury on (date of injury) with my employer.  I am asking that a budget compromise be reached quickly as at the present time I have no legal recourse under Minnesota law to obtain my workers’ compensation benefits.  The Department of Labor and Industry and Office of Administrative Hearings, which hears workers’ compensation disputes, are closed as part of the government shutdown.  We need an end to the government shutdown.

[Personal your individual letter/email]

As a Minnesota resident, I am entitled to a legal remedy to obtain workers’ compensation benefits including wage loss and medical benefits.  With the government shutdown my legal rights have been violated.  The government shutdown must end.   

Sincerely,

Phone:

Hello, My name is (your name). I am a voter in (legislator names district #). 

Bullet points

• Tell your story
• Affects the injury has had on your life, family, work, etc
• How the shutdown has affected you.
• What needs to be done.

The government shutdown needs to end. Voice your concerns and complaints to your elected officials.  

Others places to voice your concerns:

• http://www.takeactionminnesota.org/

On Tuesday, the Chief Administrative Law Judge Raymond Krause went before the retired state Supreme Court Chief Justice Kathleen Blatz, who was appointed special master to hear complaints about the government shutdown, to ask for a reopening of OAH for limited services. 

Highlights of some of the items  requested includes:

• 41 employees, consisting of the senior management critical services operational team, compensation judges and one administrative law judge be deemed critical, as well as legal support/administrative staff positions, effective July 18, 2011;
• 14 legal and administrative staff required to process and manage filings, contact parties, scheduling and service of the judges’ orders and communications as needed. Other administrative duties would include all operational needs in terms of payroll. security, human resources, mail and general office management and supervision
• To grant discretionary authority to the Chief Administrative Law Judge to determine which additional OAH positions would be critical to its operations. These positions so identified would not be returned to work prior to August 1,2011.

If history is any indication, we should be getting a decision within a week. More posts to follow.

The Petition can be found below.

Oah Petition to Special Master

On July 5, 2011 I was interviewed by the National Public Radio about the effect of the Minnesota government shutdown on claimants in the workers’ compensation system. After reflecting on that interview, I decided to summarize some of the effects.

To begin with, although the Minnesota judicial system remains open, both the Department of Labor and Industry and the Office of Administrative Hearings were deemed non-essential. As such, both were shut down. That means that until the government restarts, all pending workers’ compensation court dates are in limbo.

I have already had three hearings cancelled since July 1, 2011. In two of these cases, my clients have waited about one year for their hearing – only to find it cancelled with no indication of a reset date.

In the third case, my client has waited several months for a hearing on approval of a fusion surgery. Cancellation of his hearing means he will have to continue to put up with the pain until we can get another date. Again, nobody knows when that will occur.

Another problem is that pending settlements are essentially stuck in “no man’s land”. Under the workers’ compensation law, for a deal to be valid, it has to be approved by a workers’ compensation judge. That can’t occur with the shutdown. Thus, settlements that were in the works – but not yet finalized at the time of the shutdown – are frozen until such time as the State turns the lights back on and judges are able to approve the pending agreements.

Furthermore, with the shutdown, there is no way to make insurers pay denied claims. For example, an insurer can cut off an injured worker’s wage loss benefit by filing a Notice of Intention to Discontinue Benefits. Typically, this would lead to an objection by the injured worker, followed by the scheduling of a discontinuance conference a couple of weeks. As there are no judges, those objections cannot be processed. Hence, no discontinuance conferences.

Simply put, the Minnesota state government shutdown is not good for injured workers. Hopefully, it will not last long and the effects will not be too pervasive. If it lasts a long time, however, then it may wreak havoc on an already congested system as multiple court dates are cancelled and people are left waiting – wondering what comes next. Unfortunately, none of us know.

The Internal Revenue Service (IRS) has increased mileage rates for the final six months of 2011.   The IRS normally updates the mileage rates once a year in the fall for the next calendar year.

Mileage Rate Changes

Here are the mileage rates from 2006 to present.

01/01/2006 44.5
01/01/2007 48.5
01/01/2008 50.5
07/01/2008 58.5
01/01/2009 55.0
01/01/2010 50.0
01/01/2011 51.0
07/01/2011 55.5

If you have been denied workers’ compensation benefits or have concerns about your case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

With the clock ticking closer to July 1st we can only expect at this point a government shutdown. Unfortunately for the injured worker this may mean a disruption in their workers compensation benefits. Without government services through the Department of Labor and Industry and Office of Administrative Hearings injured workers will not be able to have discontinuance conferences, medical conferences or hearings heard before a Compensation Judge or Mediator. Often times these types of disputes get heard on a “fast track” so the injured worker can get the benefits they desperately need. With an anticipated shutdown of OAH and DOLI from July 1st to August 31st, many injured workers will unnecessarily suffer.

The Minnesota courts, not workers’ compensation court system, will continue to operate if the government shuts down. On June 28th, Judge Bruce Christopherson ordered the Judicial Branch to remain open so that Minnesota citizens will be afforded their constitutional rights. This of course does not include workers’ compensation disputes.

The Minnesota government cannot allow a shutdown to occur for any great length of time which does not afford an injured employee the ability to have disputes heard. Without a recourse many injured employees who do not have wages coming in or are unable to receive medical treatment due to an insurance company’s denial, will have to suffer even worse hardship.

Let’s hope the legislature can get their act together soon.

One of the most asked questions I get from potential clients and existing clients is, “When can I expect my check?” Often times this is a question that requires further looking into such as when was the last time they received a check, whether an NOID was filed, etc. Often times we discover that the insurer failed to make payment despite their legal obligation to do so. Even worse is when we learn the injured worker has not received any wage loss benefits despite a clear connection between the wage loss and the work injury.

We all have a role within the workers’ compensation process. Whether it is a doctor, employee, QRC, judge or adjuster. Obviously, it is the adjuster’s role to pay benefits when they are owed. Failure to do so causes undue hardship for the injured worker. Especially, if it is just poor investigation on the part of the adjuster and it results in the worker not getting the desperately needed benefits. This type of failure puts the insurance company at risk for a penalty. Some of these penalties are payable to the injured worker while others are payable to the special compensation fund.

Under the law, the employer and insurer are required within 14 days after the employer has been notified of an injury to admit or deny liability. Wage loss benefits are not payable for the first three calendar days following an injury. However, if your disability lasts greater than 10 days, compensation is due from the date your disability commenced. In other words, they are required to pay from the first day.

Temporary and Permanent Total Disability Benefits are due on the date you would have received wages had you continued working.

Temporary Partial Disability Benefits are due 10 days following mailing of your check stub.

Permanent Partial Disability benefits are due within 30 days a medical report containing a PPD rating or medical information the insurer may determine a rating.

We can safely say that the system was developed to allow the injured worker a way to recover. The system also put in place rules for the insurance company to follow in order to assist in that recovery. Sometimes the adjuster and insurance company lose sight of these obligations. My job, as a work comp attorney, is to make sure the adjuster is following the law and providing appropriate and timely benefits.

If you have been denied workers’ compensation benefits or have concerns about your case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.

With the Minnesota government facing a shutdown on July 1, 2011, the impact on the injured worker may be quite severe. Access to government benefits and to the court system will be affected for an indefinite period of time.

Under the shutdown all non-essential workers and services will be shut down. The Department of Labor and Industry, Office of Administrative Hearings and Workers’ Compensation Court of Appeals have been categorized as “non-essential” and will be shut down following a government shutdown. It is not entirely clear for exacatly how long.

Minnesota Governor Mark Dayton’s office released the following statement:

“It is with a heavy heart that I submitted today to Ramsey County District Court my list of those state services which should be continued in the event of a July 1st shutdown and, by their omission, those many services which should not. I consider virtually all services provided by the state to be essential, and all of them have been established by previous governors and legislatures to serve and benefit people throughout Minnesota.

Attorney General Lori Swanson filed a petition with the Ramsey County District Court on June 17, 2011 asking that if Minnesota’s state government shuts down July 1, that funding continue flowing to the courts system. Although efforts have been made to keep the District Courts open, it does not appear this would include the Department of Labor and Industry Worker’ Compensation Division.

The Minnesota Department of Labor and Industry released on June 17, 2011 the following:

DLI operates on a biennial budget. Funds are appropriated by the Minnesota Legislature every two years, with each fiscal year beginning on July 1 and ending on June 30 of the following calendar year. Our current biennial budget is due to end after June 30, 2011. In the absence of legislation specifically appropriating funds for the continuing operations of DLI for the next biennium, we will have no or very limited authority to continue agency operations. In this event, only those limited services that are deemed to be “critical” by a court will continue

Because we do not know whether the biennial budget process will conclude in time to avoid a disruption to our operations nor do we know which, if any, services provided by DLI will continue in such an event, we must advise you that in the absence of legislatively authorized appropriations as of July 1, 2011, we anticipate that virtually all of DLI’s operations will cease.

The Minnesota Office of Administrative Hearings sent out a memo also with the following:

Due to the uncertainty regarding when an appropriation or a court decision will be made, the OAH must make plans for a potential disruption in service. Beginning on Friday, June 16, 2011, OAH will send notices to all parties with matters scheduled in July and August, advising them that their matter may not proceed as currently scheduled. At this time, this step is being taken as a precautionary measure.

• If OAH’s services are not disrupted, then matters scheduled for July and August will proceed as scheduled.
• If OAH’s operations are disrupted, the length of the disruption will impact OAH’s ability to reschedule matters. OAH staff will work with affected parties to reschedule their matters as quickly as possible when normal operations resume.

In the event that services are disrupted, parties should call (651) 361-7908 to listen to recorded messages related to OAH operations. It is anticipated that this recording will be updated as new information becomes available. At this time, OAH does not anticipate that our website located at http://mn.gov/oah will be updated during a disruption in services; therefore, the most effective way to obtain updates will be by calling the telephone number listed above. Additionally, OAH fax machines will not be operational during a service disruption.

Based on the above we can expect hearings and conferences to be cancelled during that time. It is not sure when those conferences will be scheduled when the government shutdown ends.

It is my hope the budget will get resolved shortly. Let’s hope the legislature and the governor can work a budget out so the injured worker will not suffer unnecessarily.

When it comes time to attempt to negotiate a settlement for your case, a settlement can be reached in variety of ways.  Each individual case is different than the next and needs to be evaluated on the facts and merits. Therefore,  the settlement terms may not be the same as a relative, friend or acquaintance .  Some of the types of settlements you may encounter are ”to-date” or a “Full, Final and Complete.”   

To-date

This type of settlement only resolves issues through the date of settlement or Award on Stipulation.   All benefits that are not settled could be claimed in the future.

Full, Final and Complete

In this type of settlement, you agree to give up any claim against the employer and insurer as a result of an injury. A close out of benefits typically include wage loss, permanency, and rehabilitation. At times, the settlement may even include future medical.

Stipulation for Settlement

The settlement terms are typically laid out in a document called a Stipulation for Settlement. The Stipulation will need to be signed by all parties including any medical providers or third party payers. Once the document has been drafted and signed by all parties it is submitted to a Compensation Judge for approval and issuance of an Award on Stipulation. The Award will be signed by the Judge and mailed to all parties. Once the Award has been served and filed, the insurance company must issue payment within 14 days of the award.

Before settling your workers’ compensation case, it is extremely important you have a good idea of what you are agreeing to settle.  If you do not have an attorney and are contemplating a settlement offer, it is always a good idea to talk with a lawyer.  Most lawyers are willing to sit down with and discuss your case at no charge. Often times, you can get a better idea of what you are giving up and what  you are getting in return. When you meet with a lawyer make sure to bring with you all relevant documents and materials.

If you have been denied workers’ compensation benefits or need to discuss your Minnesota workers compensation case, we at The Law Office of Thomas Mottaz are workers’ compensation attorneys that help people with Minnesota work injuries anywhere in MN. Contact us for a free consultation and we will answer your questions or help you find the right lawyer for your situation.