When you have a work related injury and you are unrepresented, there are several things you should keep in mind.

Top 10 List

1. Report your injury to your supervisor, foremen or any other designated representative with your employer;
2. Seek medical treatment;
3. Request the assistance of a QRC to determine if you are a qualified employee for vocational assistance;
4. Consult a lawyer if you have questions or if your benefits are discontinued or denied.
5. Make sure to keep updated work restrictions;
6. Save all important documents including medical records, incident reports, restrictions etc.;
7. Submit mileage and out of pocket expenses to the insurer;
8. Cooperate with medical treatment and vocational assistance;
9. Keep track of job search efforts if you are not working;
10. Be honest.

Please remember this list is not comprehensive but highlights some key items you should keep in mind. Please remember to consult with an attorney if you have questions.

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 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.

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.

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.

As discussed in prior posts, there are unfortunately limits to the benefits you can receive in workers’ compensation. So picture a scenario where  you have exhausted your temporary total disability benefits, you are not able to find or hold employment, you are not a retraining candidate and you have no more permanent partial disability benefits payable. What do you do next? The logical step is to pursue what is called “Permanent Total Disability Benefits.” 

An employee is permanently totally disabled if she has sustained an injury which “totally and permanently incapacitates the employee from working at an occupation which brings the employee an income.” However, in order to do so the injuried worker must also meet a threshold rating of permanent partial disability.  There are three levels of requisite permanent partial disability:

•  17 percent permanent partial disability rating of the whole body;
•  the employee has a permanent partial disability rating of the whole body of at least 15 percent and the employee is at least 50 years old at the time of injury; or
• the employee has a permanent partial disability rating of the whole body of at least 13 percent and the employee is at least 55 years old at the time of the injury, and has not completed grade 12 or obtained a GED certificate.

Other factors are considered when determining if an employee is permanent totally disabled, such as the employee’s age, education, training and experience however these may only be considered in determining whether an employee is totally and permanently incapacitated after the employee meets the threshold criteria.

Even though an injured worker may not have enough permanency from “work related” injuries, non-work-related permanent partial disability ratings are also includable for purposes of establishing the ratings. Therefore, many other non-work related conditions may be used.

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.

The phone call I got not too long ago prompted me to write this post. A potential client calls and he is irate that he was not getting $75,000 for his work injury. I ask him some questions and learn he was given a 4% PPD rating by his treating doctor for his work injury. He had “looked on the Internet” and claimed he was entitled to receive $75,000.  After a few more questions and a little explaining, I was able to educate him on the permanent partial disability schedule which I have attempted to do below as well.

Permanent partial disability or “permanency” is a payment for the loss of use of, or the loss of body function. These benefits are paid according to the compensation schedule established by the Workers’ Compensation Division. The amount and duration of the benefit are controlled by the permanent partial disability rating which is typically given by your treating physician.

Once you have been given a rating you need to look at the compensation schedule as it relates to your date of injury.  Impairment rating for injuries after 10/1/00 are as follows: 

0-5%   $ 75,000
6-10%  80,000
11-15% 85,000
16-20% 90,000
21-25% 95,000
26-30% 100,000
31-35% 110,000
36-40% 120,000
41-45% 130,000
46-50% 140,000
51-55% 165,000
56-60% 190,000
61-65% 215,000
66-70% 240,000
71-75% 265,000
76-80% 315,000
81-85% 365,000
86-90% 415,000
91-95% 465,000
96-100% 515,000

Now, it is really easy for someone to think if they have a 16% PPD rating they would be entitled to $90,000. That is not the case. If for example you have a 16% PPD rating, you need to multiply the dollar amount of $90,000 by the impairment rating, 16%. ($90,000 x .16 = $14,400). Consequently, the amount would be $14,400. The same would apply with other ratings.

PPD may be payable in one lump sum or in weekly increments. In cases where there is no specific schedule for that injury, the courts have allowed what is called a “Weber” rating. Under Weber, a doctor may provide an alternative permanent disability rating.

If you have been denied workers’ compensation benefits, 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.

In March of 2010, a hearing was held before an Administrative Law Judge over several requested changes to the permanency schedule. Written comments were submitted to the Judge and a report was issued. 

The full report issued on April 9, 2010, can be found here.

Unfortunately, the rule changes do not fall in favor of the injured worker.

RSD (Reflex  Sympathetic Disorder) or CRPS (Complex Regional Pain Syndrome

According to the National Institute of Neurological Disorders and Stroke (NINDS), RSD is “a chronic pain condition that is believed to be the result of dysfunction in the central or peripheral nervous systems.”  RSD usually affects one of the extremities (arms, legs, hands, or feet). The primary symptom of RSD is intense, continuous pain, however, there are a variety of pain symptoms that can be related to a diagnosis of RSD. The WCCA even stated “that a diagnosis of RSD may often be difficult. The condition is marked, at least initially, by complaints of intractable pain which may not have an easy explanation.” Most injured workers diagnosed with this condition are typically left with severe, chronic pain and other symptoms – swelling, excess sweating, change in skin color and temperature – after what may have been a fairly minor injury. This ultimately results in long term chronic pain management.

Now, under the present permanency schedule, the employee must have at least five of the eight listed conditions concurrently in the affected upper or lower extremity:

edema, local skin color change of red or purple, osteoporosis in underlying bony structures demonstrated by radiograph, local dyshidrosis, local abnormality of skin temperature regulations, reduced passive range of motion in contiguous or contained joints, local alteration of skin texture of smooth or shiny, or typical findings of reflex sympathetic dystrophy on bone scan.  (See MN Rule 5223.0435 (2009)).

However, under Stone v. Harold Chevrolet, it is not necessary to have all five factors to establish a permanency rating under Weber. Conversely, under the current schedule, if at least five of the eight conditions are present and persist despite treatment, the rating for mild RSD and cognate conditions is 25% of the rating for amputation of the involved member; 50% of the amputation rating for moderate RSD; and 75% of the amputation rating for severe RSD.

The changes as accepted “provides a new way of rating the named conditions and eliminates the requirement that five of the eight listed conditions must be present.” Instead, it bases the permanency on motion loss, sensory loss, vascular loss, or motor loss. As well as limiting, the RSD to “at most” amputation of that body part.

The Administrative Law Judge relied on Dr. Joel Gedan, a neurologist, for support of the above changes.    Dr. Gedan submitted extensive commentary regarding proposed changes to this rule part.  Dr. Gedan commented that the proposed amendment downplays the importance of a diagnosis-based impairment rating, and focuses instead on the functional outcome. 

These changes will affect the injured worker and will ultimately reduce the permanency that is potentially awardable for RSD.  It is unfortunate that the permanency is capped at amputation, as I have known injured workers who are suffering from this condition and would prefer amputation over the debilitating pain.

Rotator Cuff Repair/ Shoulder Surgery

Prior to the approved amendments, rotator cuff repair warranted between a 2% to 6% PPD rating for the surgery. However, under the new changes, a surgically repaired shoulder with no persistent tear would result in a 0% PPD rating.

So what does this mean?

If the doctor says “your healed” after a rotator cuff surgery, you get a 0% PPD despite the anatomic changes made to your body. Now, the Department of Labor and Industry indicated it is possible that there could be a persistent loss of function (ratable under Minn. R. 5223.0450 subpart 4) regardless of whether the anatomic defect has been repaired which could allow for some PPD; however, the successful surgery would warrant nothing.

Unfortunately, the proposed changes fail to take into account the damage to the body as a result of the tear and subsequent surgery. Dr. Stember, who provided evidence on this issue at hearing, suggested that a rating should be added for arthroscopic debridement of the glenohumeral joint because a surgical procedure typically results in adhesion formation, which creates tissue that is weaker, less flexible and neurologically hypersensitive. Despite the medical evidence, the Administrative Law Judge disregarded his statement.

As well, Mark Olive, a petitioner’s attorney, commented in a written submission, that the potential effect of this proposed rule part would be that injured workers will avoid surgery to receive PPD benefits.  Incidentally, the Department responded that it is unlikely that an injured worker will refuse surgery that would restore function to the shoulder to obtain a PPD rating or increase the rating. 

Overall, these changes depict a “slow,” but ever increasing, erosion of workers’ compensation benefits available to the injured worker in Minnesota.

There are new changes to the treatment parameters concerning the appropriate use of medications for treatment of work related injuries. Under the new rule, Minn. R. 5221.6105, there are now “strict” limits to use of certain types of medications. This rule severely limits the medication a health care provider can prescribe including the type and duration of the medication.

The Department of Labor and Industry (DOLI) on January 25, 2010, proposed various amendments to the Minnesota workers’ compensation treatment parameters, including new parameters for the use of non-steroidal anti-inflammatory drugs, muscle relaxant drugs, and opiod (narcotic) analgesic drugs; updates to general and medical imaging parameters and ICD-9 codes; functional capacity evaluations (FCE); traction; electrical muscle stimulation; acupuncture and manual therapy modalities; and complex regional pain syndrome and cognate conditions.

These changes were intended to “reflect new technology, changes in terminology, technology and health care provider techniques and practices, and decisions by the workers’ compensation court of appeals.”

These changes were addressed and adopted at a formal hearing held on March 2, 2010, by Administrative Law Judge Richard Luis.  The written decision was issued on April 27, 2010, which can be found here. The changes to the rules can be found here.

DOLI argued at hearing that, “from 1997-2003, expenditures per claim for outpatient pharmacy in Minnesota workers’ compensation system increased 142%.”  DOLI relied on comments and input from the Workers’ Compensation Advisory Council (WCAC) and the Medical Services Review Board (MSRB). They also relied on testimony from Dr. Lohman.

The Department stated that all involved parties, “will benefit from the proposed rules because the rules reflect the current standard of medical care and should reduce disputes and costs related to unnecessary or inappropriate treatment.”

Comments were heard from workers’ compensation attorneys who represent injured workers and summarily stated the changes “appear to favor employers and insurers over injured workers (e.g. by placing heavy restrictions on doctors’ abilities to treat their patients who are injured on the job as opposed to other patients).”

Attorney Charles Cochrane, speaking on behalf of the Minnesota Association of Justice, raised concerns regarding Minn. R. 5221.6195, pointing out that there was no evidence of “overprescription, overuse, overpayment of the converse” of medications. He pointed out that “7% of the total cost of work comp claims in Minnesota” are from medications. He also indicated that “the cost of drugs in workers’ compensation has declined since 2002.”

Other concerns raised by Attorney Cochrane included increased litigation, increased paperwork for physicians, forcing physicians to practice medicine a certain way, slowing down the administering of appropriate medication.

Despite the statements from DOLI, the driving forces behind the changes were cost, not the care and treatment of the injured worker. As Attorney Cochrane stated at the hearing, “infringing upon the providers discretion, the health of patients could be compromised.”

DOLI indicates these changes will not cause further litigation but instead “provide clear direction and clarity that should reduce litigation because the standards for prescribing the medications specified in the rules will be clear.”

We will have to wait and see how this plays out as to whether this truly reduces litigation or increases it. In my opinion, injured workers, especially those with debilitating pain, will be limited in the medication they can receive despite the prescription from their treating physician. We will most likely see an increase in litigation in order for the injured workers to get “reasonable and necessary” medical treatment.

The Department of Labor and Industry published the following illustration. It does a fairly good job of showing some parts of the workers’ compensation “maze.” Click on the links and you will be directed to a the DOLI website.

					Learn moreFAQs Suggestions for: – successful    doctor visit; – communicating    with insurance    adjuster; – communicating    with employer

Although the law controls the specific amounts duration and types of benefits in effect at the time of the injury, there are 4 main types of benefits available to an injured worker.

Wage Replacement Benefits

Temporary total disability benefits (TTD). TTD benefits are a form of compensation available to an injured employee who is unable to work because of the work injury, or who is released to work with restrictions but is unable to find work within those restrictions. The TTD rate is two-thirds of the employee’s gross wage at the time of the injury, subject to certain maximum and minimums.

Temporary partial disability benefits (TPD). TPD benefits are partial wage loss compensation for an injured employee who is back to work but is earning less than the date of injury wage due to the effects of a work injury. TPD is calculated at two thirds of the difference between the pre-injury wage and the employee’s current ability to earn.

Permanent Total Disability Benefits (PTD). PTD benefits are wage loss compensation where the injured employee’s physical disability causes the employee to be unable to find anything more than occasional employment resulting in insubstantial income. This means that the worker cannot secure a steady job and earn a living from work. The rate payable for PTD benefit is two-thirds of the employee’s gross weekly wage at the time of the injury.

Functional Impairment or Permanent Partial Disability Benefits (PPD)

Permanent partial disability or “permanency” is a payment for the loss of use of, or the loss of body function. These benefits are paid according to the compensation schedule established by the Workers’ Compensation Division. The amount and duration of the benefit are controlled by the permanent partial disability rating. It may be payable in one lump sum or in weekly increments. In cases where there is no specific schedule for that injury, the courts have allowed what is called a “Weber” rating. Under Weber, a doctor may provide an alternative permanent disability rating.

Medical Benefits

The employer and insurer are responsible for payment of “reasonable and necessary” medical treatment, which will aid in curing or relieving the effects of the work injury. Covered treatments include hospitalization, surgery, physical therapy, occupational therapy, chiropractic services, injection therapy, chronic pain management and many other forms of medical care. The right to receive these benefits may be impacted by the Minnesota Workers’ Compensation Treatment Parameters depending on various factors including whether the injury is admitted or denied.

Vocational Rehabilitation Benefits

Vocational rehabilitation benefits are designed to assist the injured worker returning to former employment or to a job related to that employment. In the alternative, rehabilitation services assist the injured employee to return to a job in another work area, which produces an economic status as close as possible to that enjoyed but for the disability. This assistance may include direct job placement, on-the-job training or formal retraining. Rehabilitation services can include the use of a Qualified Rehabilitation Consultant (“QRC”) to help with medical management, return to work, and job placement.

When you have specific questions about the workers’ compensation benefits available to you contact the DOLI or an attorney. Most attorneys offer free consultations however you want to make sure you choose the right one.

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.