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  1. #1
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    12

    Default Compensation For Injury That Makes You Unemployable

    I am wondering (concerned) about final compensation on my claim. The injury has made me unemployable, I am 62, and I am presently collecting SS Disability, and Minnesota State Retirement Disability. I have had neck surgery on every level of my cervical spine and the top thoracic level. I have 5 titanium plates in my neck and am most likely looking at a fusion on C6-T1. What type of compensation am I looking at?

  2. #2
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Compensation

    the calculation is very complex.
    it varies with the extent of your impairment as determined by an impairment rating.
    a whole body impairment rating from physician is used to determine additional permanent disability benefits.
    more here:
    http://www.dli.mn.gov/WC/DispBenPpd.asp

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Compensation

    I have had similar expience as yours... in reading the info at the site SH provided... IF you are given a PPD rating of 100%, and are not offered return to work within any permenant restrictions...you'd be eligible for benefits up to $515K. Benefits would be paid at the same rate as your TTD, once the TTD ceases.
    You can petition the court for a commutation of these benefits, with a discount up to 5% applied.

    As SH said... these PPD ratings can be very complex issuues... your Dr should be explaining the process to you with a clear discussion of what you can expect in PPD% rating, as well as continuing medical care.

    You should also discuss your options with a competant WC atty in MN.
    As you are receiving SSA/SSDI, you cannot cash out your medical benefits in this claim without takeing Medicare interests to heart... and, any settlement language must contain language to avoid any potential offset to your SSA benefits. You are still subject to the 80% rule.

  4. #4
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    12

    Default Re: Compensation

    What is the 80% rule? Please forgive my ignorance. By the way, the Risk Management Division decided on their own that I had reached MMI prior to my having surgery. I went for 2 years with this injury before I had surgery knowing full well surgery can and does cause other problems. So the Risk Management division has cut me off for anything. Wages, medical, medication everything. I had to live off of my savings for 5 months while I recovered from surgery.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: Compensation

    I went for 2 years with this injury before I had surgery knowing full well surgery can and does cause other problems. So the Risk Management division has cut me off for anything.
    Not really enough info here... but, while no one can force you to have surgery... when/if you refuse treatment that is reasonable, and recommended to cure or relieve from the effects of your injury...your benefits are likely to be stopped... You'd be MMI rated and the claim move to some type of resolution or settlement.

    How Workers' Compensation And Other Disability Payments May Affect Your Benefits
    http://www.socialsecurity.gov/pubs/10018.html

  6. #6
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    12

    Default Re: Compensation

    I have never refused any type of treatment. I had PT for the entire time and just toughed it out not knowing how severe the injury really was. It was the State Risk Management Division/Corvell who had decided (unknown to me) that I had reached MMI. The surgeon said "I am far from MMI". Now mind you I went ahead with the surgery after they had decided this and found out then what their decision was. Complicated to say the least. My attorney has stated we are talking hundreds of thousands of dollars. I don't know what to believe, nor does this long period of time make any sense to me. I had a functional capacity test after the neck surgery and the report stated I am "unemployable", which is why I am now collecting disability from SS and the state retirement system. How long do these things take? I have heard I could take 5 years to get into the court.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: Compensation

    no, it doesn't take years to get to court. you file for a hearing and it'susually held in a couple months.
    A Functional Capacity Exam is insufficient by itself to determine a rating. You need a Medical opinion.
    without a rating your disability cannot be determined.

    if you are determined to be permanently totally disabled an outline of your benefits is here
    http://www.dli.mn.gov/WC/DispBenPtd.asp

    if you don't trust your attys advice you can switch at any time. there will be a single fee shared among the attys.

  8. #8
    Join Date
    Apr 2011
    Location
    Oakdale, MN
    Posts
    12

    Default Re: Compensation

    I am sure the surgeon, and my regular practioner will agree with the Functional Capacity Exam. I was a state employee, involved in a motor vehicle accident. We sued the driver of the other vehicle and his limit was 50,000. This was split in three ways, the attorney got a third, I got a third, then I had to pay the state back a third. Of course after the way the risk management division of the state has been treating me I was, am not happy with having to give them money after they have denied me any wages, medical care etc. Now I have to sue my insurance carrier for underinsured motorist. This whole thing is a huge mess and I feel left out in the cold. My attorneys are working hard on all of this but things tend to wear on me and all of this started in 2008. I have to believe there is a silver lining behind that cloud somewhere.

  9. #9
    Join Date
    Jun 2011
    Posts
    203

    Default Re: Compensation

    Corvell is dirty, so watch out, screw people in WI all the time

  10. #10
    Join Date
    Aug 2011
    Location
    Georgia
    Posts
    790

    Default Re: Compensation

    Quote Quoting dbrow6272 View Post
    Now I have to sue my insurance carrier for underinsured motorist.
    Just a technicality, but you don't have to SUE your own insurance carrier. All you need to do is file a claim under the underinsured motorist clause of your policy. If they deny the claim, then you would litigate.

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