New legislation affecting permanent total disability workers compensation claims

The new law applies to:

• Injured workers with dates of injury before August 13, 2014 (or their dependents and legal heirs) whose permanent total disability (PTD) benefits were offset by government retirement benefits other than Social Security; and
• Payers that reduced PTD benefits by the injured worker’s non-Social Security government retirement benefits before August 13, 2014.

The new law does not apply to:

• Injured workers whose last PTD benefits were paid before January 1, 2000;
• Dependents and legal heirs of deceased injured workers who died before January 1, 2008; and
• Injured workers where a court allowed the retirement offset, or where a court-approved stipulation for settlement explicitly allowed the retirement offset or closed out all workers’ compensation benefits. (However, the new law does not prevent non-covered injured workers, dependents and legal heirs from pursuing claims for additional PTD benefits based on the decisions.)

•  above;
• is subject to litigation brought by injured workers for additional PTD benefits owed; and
• is subject to penalties assessed by DLI or a compensation judge (depending on the facts) based on the court decisions.

If you or a family member received government disability benefits and made a claim for permanent total disability benefits under the Minnesota Workers Compensation Act, contact the attorneys of Atkinson Law Office immediately to determine whether you have benefits coming to you on your loved one.  The amounts due are often very large and we can help you navigate the claim.  Call 651-333-3636 or visit us at www.mndisability.com today.  

Have You Received or Are Receiving PERA Retirement and MN Workers Compensation Permanent Total Disability Benefits?

You may be entitled to your share of MILLIONS of dollars in unpaid or underpaid workers compensation benefits. Recent changes to Minnesota law has resulted in unpaid benefits to thousands of public employees who have received or are receiving workers compensation permanent total disability benefits.

The workers compensation specialists at Atkinson Law Office have over half a century of combined workers compensation experience.  We are aggressively pursuing reimbursement of potentially large sums of money as the result of insurance companies illegally reducing your workers compensation payments by the amount of PERA (public employee retirement association) retirement benefits.  We can assist you in obtaining the benefits you or your loved ones are owed.  Our office specializes in Minnesota workers compensation.  Various lawyers at Atkinson Law Office have been recognized as Super Lawyers, rated as "10" by AVVO, and recognized as Civil Trial Specialists by the Minnesota State Bar Association.  Every year our lawyers have recovered millions of dollars in benefits to clients every years.

Contact the lawyers at Atkinson Law Office today at 651-333-3636 for a free consultation.  There is no fee unless we obtain recovery of lost benefits for you.  Visit our website today for more information www.mndisability.com

Are My PERA Retirement Benefits Deductible From My Minnesota Workers Compensation Benefits?

Up until August 13, 2014, injured workers who were declared permanently totally disabled, had their Minnesota workers compensation benefits reduced by the amount of their public employee retirement association (PERA) benefit.  In many cases this would virtually eliminate their entitled to work related wage loss benefits.

On August 13th, the Minnesota Supreme Court, reversed the Minnesota Workers Compensation Court of Appeals in the case of Sharyn Hartwig v. Traverse Care Center and denied the ability of insurance companies to force PERA retirement offsets from permanent total disability benefits.  The Hartwig decision follows another Court decision indicating that teacher pension benefits may not be used to offset permanent total disability benefits. 

How will this affect you case?  For most injured workers they are very lucky in never having to explore the issue of permanent total disability benefits.  However every year I represent clients who have suffered catastrophic injuries where we bring claims for permanent total disability benefits.  In fact, just last week I signed up a client who is clearly PTD and whose employer was encouraging him to file for PERA disability rather than PERA retirement.  The outcome of this case will have a dramatic impact on his benefits in the amount of nearly $2,000/month. 

Though I say this time and time again, experience matters when choosing a workers compensation attorney.  There are attorneys throughout Minnesota who you will find while Google searching on the internet.  They often boast and make claims that are misleading at best.  One firm calls themselves the largest workers compensation firm in Minnesota when all of their workers compensation lawyers combined have less workers compensation experience than myself and a few other lawyers who practice exclusively workers compensation.  We refer to them as "baby lawyers" for a reason.  Ask these so called expert lawyers how many years they have been lawyers (some of the people you talk with aren't even lawyers) and then ask how many years have you exclusively handled workers compensation cases.  The answers will surprise you.

If you need an expert workers compensation attorney with over 2 decades of experience, contact Atkinson Law Office and Minnesota Disability.  Attorney Tom Atkinson is truly recognized as an expert workers compensation attorney and Kerry Atkinson is a State of Minnesota AND National civil litigation specialist certified by the Minnesota State Bar Association and many other organizations.  We look forward to assisting you.  There is NEVER a fee unless we recover benefits for you.  Visit us at www.mndisability.com or call 651-333-3636 today.