We've Moved!

We've Moved!

MeuserLaw's legal blogs have moved!

For a huge database of articles covering workers' compensation, PERA duty disability, MSRS duty disability, and personal injury, check out MeuserLaw's article library.

And, for Minnesota's Police Officers, Firefighters, and Corrections Officers, Meuser Law Office has started a brand new blog called "In the Line of Duty." 

"In the Line of Duty," which is proudly hosted by Meuser Law Office, P.A., consists of articles and resources that discuss the specific and unique needs of injured Minnesota Police Officers, Firefighters, and Corrections Officers who are trying to navigate the complex legal system following an in-the-line-of-duty injury.

Am I Required to Turn Over My Medical and Financial Information to the Insurer? Discovery Disclosure in Minnesota Personal Injury and Workers’ Compensation Claims

Do I have to turn over my private medical and financial information to the insurance company as part of my Minnesota workers' compensation or personal injury claim?

We frequently get calls from our Minnesota personal injury and workers’ compensation clients wondering why they must sign authorizations for the release of their medical records, tax information, and wage records. While it’s not necessarily a pleasant thing to turn over your private health information and financial information to an insurance company, if you’re bringing a personal injury claim or workers’ compensation claim, in some respects, your life becomes an open book. So, yes, generally, you are required to turn over your medical and financial information to the insurance company as part of the discovery process in a Minnesota personal injury or workers’ compensation claim. 

If you are bringing a personal injury action in Minnesota against an at-fault person or entity, and you’re claiming damages for medical expenses and wage loss as a result of the injuries you sustained in an accident, you are generally obligated to disclose your medical information and financial information if you are claiming that you’re entitled to compensation for medical expenses and wage loss.

Generally speaking, in a personal injury action in Minnesota, if you’re asked to disclose information as part of the discovery process of your case, you are obligated to turn over anything that is reasonably calculated to lead to admissible evidence. Admissible evidence includes anything that is relevant, and tends to prove or disprove a fact of the case. Medical records after an accident obviously document your injuries, and they are clearly relevant to determining the nature and extent of your injuries. Financial records after an accident clearly document any loss of earnings you’ve suffered due to your injuries, and they are clearly relevant to determining the extent of your wage losses.

Where things get a little more complicated is disclosure of medical records and financial information in existence prior to your accident, and people often question why the insurance company should have access to this information. In essence, your prior medical history and your prior financial history are also relevant to a determination of your damages. For example, if you have a pre-existing condition, the insurance company will argue that your damages after an accident are partly attributable to your pre-existing condition. An insurance company may also argue that your prior financial records indicate that your income decreased prior to the accident due to the economic downturn, rather than as a result of the accident. Even if you don’t have a pre-existing condition, and even if you did not have a decrease in your earnings prior to the accident, the insurance company and the defendant have a right to examine your medical records and your financial information in existence prior to the accident to make their own independent determination as to whether or not there is any relevant information contained in your records.

In Minnesota workers’ compensation claims, the same general concepts, as set forth above, apply to the disclosure of medical records and income records, but the rules of discovery are somewhat more limited. For example, you are obligated to disclose the names of any medical providers you’ve ever seen for the same condition, or a similar condition, to the one you’ve alleged as part of your claim. You are also required to allow the release of your medical records from these practitioners. You’re not necessarily obligated to release other medical information, but if the workers’ compensation insurer has reason to believe that your other medical information contains relevant evidence, they can petition the judge to require you to disclose additional medical information.

You're also required to disclose any wage or income documentation that is relevant to your claim for wage loss benefits. The workers’ compensation insurer will generally be able to obtain your wage records directly from your employer, but if you’ve been self-employed in addition to your regular wages, or you’ve been self-employed in the recent past, you may be required to authorize the release of your tax information. If you’ve worked at other jobs subsequent your injury, you are also required to disclose your wage records from your other employers.

Going through the discovery process in a disputed Minnesota personal injury action or Minnesota workers’ compensation claim is not always a pleasant experience, but it is necessary. If you have questions about your rights under Minnesota personal injury or workers’ compensation law, contact Meuser & Associate at 877-746-5680, or click here to send us an email.

PERA and Choosing the Right MN Workers' Compensation Lawyer

If you are a Minnesota police officer or firefighter and you've sustained a serious on-the-job injury, you may be eligible for PERA disability benefits and/or health care continuation benefits, in addition to your workers' compensation benefits. PERA benefits and health care continuation benefits can be worth several hundreds thousand dollars.  A Minnesota workers' compensation lawyer who also handles PERA disability claims can help you protect your rights.  


Choosing the right Minnesota workers' compensation lawyer is an important decision, especially for injured police officers and firefighters. If your workers' compensation lawyer can't or won't help you with your PERA claims, it's a good idea to consult with a lawyer who can and will handle PERA claims.

We occasionally take calls from and meet with people who are not happy with how things are being handled by their Minnesota workers’ compensation lawyer. Ron and I are happy to evaluate your situation, and give you our recommendations. We will give you an honest assessment as to whether or not your attorney is handling things appropriately. If it looks like things are headed in the right direction, we’ll tell you so. If it looks like things are not moving along as they should be, we’ll tell you so. Sometimes it makes sense to switch attorneys, and sometimes it doesn’t make sense. There is nothing wrong with getting a “second opinion” if you feel your case is not being handled appropriately. You always have the right to change workers’ compensation lawyers, at no additional cost to you. 

One thing we’ve seen a lot recently, however, is police officers and firefighters with workers’ compensation claims, who are represented by otherwise competent workers’ compensation lawyers, who are being given poor advice regarding their claims for PERA disability benefits. Some people are being told not to file for PERA or to wait an excessive length of time, they’re told that their lawyer doesn’t practice in that area, so they can’t give them any guidance, or their workers’ compensation claims are being handled in a way that jeopardizes their PERA claims.

Over the last several years, our firm has handled workers’ compensation claims on behalf of dozens and dozens of Minnesota police officers and firefighters. Over time, we realized that if you are handling these types of cases, you absolutely have to know what you’re doing when it comes to PERA. As a workers’ compensation lawyer, telling your police and fire clients that you don’t handle PERA claims is really doing those clients an expensive disservice by not expeditiously helping them get these benefits. Even worse, if you don’t have a good grasp of some of the complexities surrounding PERA disability benefits, you can mess up their claims, which can literally cost your police and fire clients hundreds of thousands of dollars’ worth of benefits.  

If you are a Minnesota police officer or firefighter and you’ve sustained an on-the-job injury that jeopardizes your career, you should consult with a lawyer that practices BOTH workers’ compensation law AND PERA law. 

With rare exception, if you are a Minnesota police officer or firefighters who has sustained a career-ending in-the-line-of-duty injury, the value of your PERA disability benefits and healthcare continuation benefits substantially exceeds the value of your workers’ compensation claim. In my opinion, usually, your lawyer’s first priority should be evaluating your PERA disability claims.

My firm has recently taken over representation on a number of police officer and firefighter cases where their prior attorney dropped the ball on the PERA claims. On two cases, our client was told by their prior attorney that they don’t handle PERA claims, and couldn’t answer their questions. On one of those cases, the client’s PERA claim should have been filed at least six months before our involvement. On the other case, the client tried to file for PERA on her own, and made mistakes that took a hearing to sort out, and almost cost her hundreds of thousands of dollars. On yet another case, our client was told by her prior lawyer NOT to file for PERA. Her claim should have been filed months ago. On another case, the client’s prior workers’ compensation lawyer was pursuing a strategy that would have netted him a few thousand extra dollars on his workers’ compensation case, but would have cost him in excess of a hundred thousand dollars on his PERA duty disability and healthcare continuation claims.

I’m not fond of criticizing how other Minnesota workers’ compensation lawyers handle claims, and we’re not in the business of “stealing” cases from other attorneys. That being said, I’m frustrated by how many police officers and firefighters with significant work-related injuries we’re hearing from lately where their PERA claims are not being properly handled.

We’re proud of the work we do for our Minnesota police officer and firefighter clients. After successfully handling dozens of PERA police and fire disability claims, we know what we’re doing and we understand the nuances of these types of claims. 

As far as I’m aware, Meuser & Associate is one of the few law firms in state (if not the only law firm in the state) that also regularly handles PERA claims. If you’re an injured police officer or firefighter, from the time of your first consultation with a workers’ compensation lawyer, you should feel confident that your lawyer knows what they’re doing as it pertains to your claim for PERA benefits. This is a complex area of law with lots of nuances. Ask your lawyer how many PERA cases they’ve handled. Is he or she able to answer your specific questions? Can he or she give you an analysis as to whether or not you meet the PERA duty disability criteria?

Even if you are currently represented by another workers’ compensation lawyer, if you are a disabled Minnesota police officer or firefighter, we are always happy to provide you with a free, no-obligation consultation to discuss your potential PERA claims. 

For more information about PERA benefits, check out these other articles I've written:

• Does MN PERA Cover PTSD and Other Psychological Conditions?
• Minnesota Firefighter and Police Officer Disability Benefits
• MN PERA Police & Fire Plan Disability Benefits: Things You Should Know
• Applying for PERA Duty Disability Benefits: Five Easy Mistakes to Avoid
• Continuation of Healthcare Coverage Under Minn. Stat. 299A.465 When You're Over Age 55
• Minnesota Firefighters Injured in the Line of Duty
• Can I Receive Workers’ Compensation and PERA Duty Disability at the Same Time?
• Appealing a Minnesota PERA Disability Pension Decision 

Call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation with Jen Yackley or Ron Meuser.

Alternative Treatments for Neck Pain

If you’ve got constant, severe neck pain that just won’t go away, it can be difficult to perform your activities of daily living, such as self-cares, cooking or cleaning, it can cause you to be depressed or irritable, leading to friction in your family relationships, and it can make it difficult, if not impossible, to be remain gainfully employed.

If you’re suffering from neck pain, and you’ve tried a variety of traditional treatment options, such as physical therapy, cortisone injections, narcotic pain medications, or surgical intervention, and you’re looking for other options, you may wish to ask your treating physician about alternative forms of treatment.

You might want to ask your doctor about:

Acupuncture: Many patients experience neck pain relief after a course of acupuncture treatments. Practitioners believe that acupuncture can help restore the healthy flow of energy in the body, which in turn can lead to pain relief. Acupuncture involves the insertion of fine needles into your body at specific points.

Herbal remedies: Ask your doctor before trying any herbal remedies. Some herbal remedies have side effects, and some can interfere with other prescribed medications. Some herbal remedies that may help with neck pain relief include capsaicin cream, devil’s claw, or white willow bark.

Massage: Stress can cause neck pain, and it can make neck pain worse. Massage helps release tension, and can help reduce muscle inflammation and pain.

Yoga or Pilates: Yoga and Pilates help increase your core strength, help improve your balance and posture, and help reduce stress. Increased strength, better balance and posture, and reduced stress can all help decrease neck pain.

Minnesota workers’ compensation covers almost any type of medical treatment, so long as it is reasonable and necessary, and causally related to your work injury. Several of our Minnesota workers’ compensation clients who are suffering neck injuries have had success in reducing their pain with acupuncture and massage. Unfortunately, workers’ compensation insurance companies sometimes tend to be somewhat wary about approving or paying for so-called “alternative” therapies.

For a free, no-obligation evaluation of your Minnesota workers’ compensation case, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Osteoarthritis of the Neck and Back: Minnesota Work Comp

Osteoarthritis, also known as degenerative joint disease, is a common cause of neck and back pain. It is the result of the mechanical breakdown of the cartilage between the facet joints in the spine, which can cause frictional pain. Development of bone spurs can irritate or entrap spinal nerves.

Osteoarthritis or degenerative joint disease of the neck or back can be caused by work activities, or work activities may aggravate or accelerate the condition. An acute work injury can also aggravate a workers’ pre-existing spinal osteoarthritis.

Medical evaluation for neck or back pain typically involves a discussion of symptoms and a detailed medical history, a physical examination, and if osteoarthritis is suspected, a series of x-rays. Other tests, such as MRI’s or CT scans may be performed to confirm the diagnosis or to rule out other conditions. For more information about osteoarthritis visit Spine-health.com.

Unfortunately, a workers’ compensation claim for a back injury can become complicated if there’s a concurrent or underlying diagnosis of osteoarthritis or degenerative joint disease. Workers’ compensation insurance companies typically try to argue that the injured worker’s condition was “pre-existing,” or that if they did sustain an injury, it was simply a “temporary aggravation.” They commonly use these arguments to deny an injured workers’ work comp. claim entirely, or to limit the amount of benefits they have to pay if that worker becomes disabled due to neck or back pain.

For a free, no-obligation evaluation of your Minnesota workers’ compensation case, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Preventing Violence in the Workplace: Minnesota Work Comp.

Preventing violence in the workplace involves recognizing situations that could potentially lead to violence, and taking steps to prevent violent incidents. A safe work environment is everyone’s responsibility. Employees should be trained on how to recognize an unsafe situation relating to co-workers, employers need to stress that workplace violence is not “part of the job,” and no one has to “put up with it,” and employees should alert management to co-workers who are verbally or physically threatening other workers.

Prior to a violent act, there are almost always red flags. After a violent workplace incident, people almost invariably say “there were warning signs,” or “we should have known.” Employees and employers should be aware of these red flags, and report them before an act of violence takes place: 

• Prior history of violent behavior. 
• Making threats, either verbal or physical. 
• Unexplained mood changes. 
• Screaming, yelling, or making a fist. 
• Expressing homicidal or suicidal thoughts. 
• Holding a grudge against a supervisor/co-workers. 
• Blaming all things that go wrong on a co-worker, supervisors, or management. 
• Expressing a feeling of loss of control within his or her life. 
• A history of domestic abuse. 
• Obsession with weapons or carrying a weapon in the workplace. 
• Isolation from co-workers. 
• Paranoid behavior or verbalizations reflecting paranoid thoughts. 
• Unwanted romantic interest in a co-worker. 
• Abuse of alcohol or illicit drugs. 
• Use of alcohol or illicit drugs at work. 
• Extreme financial or extreme family problems. 

Employees who observe any of these red flags should be encouraged to report them to their immediate supervisor. Employers need to have a process in place to document employee concerns, and to take measures, if appropriate, to protect employee safety.

Workplace violence is not always the result of violent actions of another co-worker. People who work with the general public, such as convenience store cashiers, may be subject to violence from outsiders. Terroristic acts by disgruntled former employees or disgruntled customers can also be the cause of workplace violence. Unfortunately, domestic violence situations can spill over into the workplace, as well.

Employers need to have to have a policy in place addressing how to deal with violent situations from customers or non-workers. Employers should also be cooperative in enforcing no contact orders, and have procedures in place to prevent non-employees from gaining access to the workplace.

Unfortunately, despite good policies and procedures, workplace violence does happen, and will continue to happen. If a worker suffers injuries as the result of workplace violence, in many cases, that worker is eligible for workers’ compensation benefits.

In Minnesota, work injuries that are the result of workplace violence are separated into three separate categories. Injuries which fall into two of the three categories are covered under workers’ compensation, but injuries which fall into the third category are not covered by workers’ compensation. This is known as the Hanson analysis, named after the case of Hanson v. Robitshek Schneider Co., 297 N.W. 19 (1941).

1. First, injuries that are the result of workplace violence where the provocation or motivation behind the assault arises solely out of the activity of the victim as an employee, are covered under Minnesota workers’ compensation. 
2. Second, injuries that are the result of workplace violence where the assailant was motivated by personal animosity towards the victim arising from circumstances completely unconnected with the employment. These injuries are not covered under Minnesota workers’ compensation. 
3. Third, injuries that are the result of workplace violence directed at the victim due to a combination of personal non-work related reasons, and work-related reasons are covered under Minnesota workers’ compensation. Cases where the assailant’s motivation is unknown are usually covered under workers’ compensation. 

Most injuries caused by workplace violence fall into the third category – the assailant was motivated by a combination of workplace factors and non-workplace factors, and they are covered by Minnesota workers’ compensation. That being said, many workers’ compensation insurers will deny injury claims involving assaults or violence, arguing that the incident was non-work related. Just because the workers’ compensation insurance company says your case is not covered, does not mean that they are right!

We’ve represented a wide variety of Minnesota workers who suffered injuries as a result of workplace violence, including a woman who was sexually assaulted by a supervisor, a security guard who was assaulted by a trespasser, a convenience store cashier who was assaulted by a customer, an individual who was hit on the head by a co-worker, several police officers who were assaulted by suspects, corrections officers who were assaulted by inmates, and home health care workers who were assaulted by clients.

If you’ve sustained injuries as a result of violence in your workplace, an experienced Minnesota workers’ compensation lawyer can help you get the benefits you’re entitled to, and navigate the Minnesota workers’ compensation system. For a free, no-obligation consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a time to speak with one of our attorneys.