What's Ahead In For Injured Workers In 2012?

If you were in 2011 and are currently off of work receiving wage loss benefits, most of you will likely face a roadblock to ongoing benefits in 2012.  Terms like MMI (maximum medical improvement), IME (independent medical examinations), NOID (notice of intent to discontinue benefits), and QRC (qualified rehabilitation counselor) are yellow lights warning you of a possible end to your benefits.

If you receive ANY correspondence from your Minnesota workers compensation adjuster you need to contact a lawyer NOW!  Too often injured workers come to our office many months after receiving letters containing these keywords.  It's never too late to come see us, but we will be better able to react if you call us today 651-333-3636.  One of our lawyers can explain to you how your benefits are about to be changed.  Our consultations are always FREE and we urge you to contact a work comp lawyer who specializes in working with injured and disabled employees rather than a general personal injury practice.  Our employees have a combined background over nearly 75 years working with workers compensation claims.  Visit our website at www.mndisability.com and call to speak with an attorney today at 651-333-3636.

Minnesota Workers Compensation Back Open For Business But Not As Usual!

Having just returned to work, our fine workers compensation judges are working quickly to clear a backlog of pending cases, stipulations for settlements, hearings and discontinuance conferences.  If you are one of the thousands of injured workers who have had their claims on hold during the month of July, we are pleased to share with you that within a few more weeks, the Minnesota Office of Administrative Hearings and the Minnesota Department of Labor and Industry will be close to being caught up.  However, you can expect a few changes in store.  First, there are a few new workers compensation judges in the Twin Cities and Duluth and there are some procedural changes which I will address in future updates.

In this posting I want to reiterate an issue that comes up EVERY single week in my office.  We receive calls from injured workers whose claims have been paid for months and sometimes even for years without any significant conflict.  One day however, they have the rug pulled from underneath them and their benefits which they have come to count on END!  At Minnesota Disability and Atkinson Law Office we have represented thousands of injured workers long before an actual conflict exists.  There is no cost to you and our advice helps you plan for the eventual discontinuance of your benefits rather than merely react when the time comes.  If you have been injured at work it is imperative that you talk with an experienced workers compensation lawyer who are experts in workers compensation.  We caution you against choosing an individual who is not a true specialist.  Contact one of the lawyers from our office for a free consultation and learn how we can assist you without the need for a retainer.  NEVER a fee unless we recover benefits for you.  www.mndisabilty.com  651-333-3636.

Minnesota Workers Compensation Tools, Rules and Guidelines

Have you ever been puzzled by the abbreviations and acronyms used by your attorneys discussing your workers compensation benefits? Below I have listed some common workers’ compensation abbreviations and the meanings:

TTD: TEMPORARY TOTAL DISABILITY’. Workers compensation wage loss benefits available to injured workers who are off work completely due to their injuries.

TPD: TEMPORARY TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are working at a wage loss due to their injuries.

PTD: PERMANENT TOTAL DISABILITY. Workers’ compensation wage loss benefits available to injured workers who are completely and totally disabled from returning to substantial gainful employment as the result of their work injuries. This term does not necessarily mean FOREVER, just for an indefinite period of time.

PPD: PERMANENT PARTIAL DISABILITY. Workers’ compensation monetary benefits available to workers who have suffered a permanent injury.

MMI: MAXIMUM MEDICAL IMPROVEMENT. The date after which no further significant recovery from or significant lasting improvement to a personal injury can reasonably be anticipated, based upon reasonable medical probability, irrespective and regardless of subjective complaints of pain

QRC: QUALIFIED REHABILIATION COUNSELOR. A QRC provides rehabilitation services to workers who are unable to return to their pre-injury employment.

NOID: NOTICE OF INTENT TO DISCONTINUE. A specific form filed by an insurer or employer when they intend to discontinue an injured workers’ benefits. YOU ARE STRONGLY URGED TO CONTACT AN ATTORNEY AS SOON AS YOU RECEIVE THIS NOTICE IN THE MAIL!

NOPLD: Notice of Primary Liability Determination. A specific form filed by an insurer or employer indicating its initial decision regarding its liability for an injured workers’ claim.

FROI: First Report of Injury. A specific form that an employer must fill out following an injury.

RCD: Request for Certification of Dispute. A specific form filed by an employee or their attorney to certify a dispute regarding medical or rehabilitation services.

SOAF: Statement of Attorney Fees. A petition filed by an employee’s attorney for approval of attorney’s fees in some cases.

NOA: Notice of Appearance of Attorney. Notice filed with the Department of Labor and Industry notifying the Department that an attorney is involved with a workers’ compensation case.

NOBP: Notice of Benefit Payment. A form filed by the workers’ compensation insurance company indicating payment of benefits.

WC: Workers’ Compensation.

WCCA: Workers’ Compensation Court of Appeals.

WID: Worker ID Number. New in 2008, the Minnesota Department of Labor begins replacing social security numbers with WID numbers. A WID number is assigned to workers in lieu of using the worker’s Social Security Number for purposes of identification.

AWW: AVERAGE WEEKLY WAGE. Used to calculate the amount of wage loss benefits an injured worker is entitled to.

SAWW: Statewide Average Weekly Wage. Used to calculate the maximum compensation rate.

EE: Employee.

EER or ER: Employer.

IR: Insurer.

TPA: Third-Party Administrator. Work comp. insurers frequently use TPA’s to administer their workers’ compensation programs.

FCE: Functional Capacity Evaluation or Examination. An evaluation to determine an injured workers’ capacity for physical activities.

IVE: Independent Vocational Evaluation or Examination. An evaluation to determine an injured workers’ vocational abilities.

RTW: Return to work.

PT: Physical Therapy.

ROM: Range of Motion.

TBD: To be determined.

DOI: Date of injury.

DOL: Date of loss.

OAH: Office of Administrative Hearings. In Minnesota the main offices are in St. Paul and Duluth.

DOLI: Department of Labor and Industry.

SSDI: Social Security Disability Insurance.

IME: INDEPENDENT MEDICAL EXAMINATION. An examination conducted by a doctor hired by the employer or workers’ compensation insurance company. The examination should actually be called an ADVERSE EXAMINATION given there is nothing independent about it. This doctor is NOT your treating doctor and is a hired “gun” by the employer and insurance company.

ADR: Alternative Dispute Resolution, including mediation or arbitration.

At Minnesota Disability and Atkinson Law Offices, Attorney Thomas Atkinson will gladly answer any of your workers compensation questions. With nearly two decades of workers compensation experience, including years an attorney for the same insurance companies denying your benefits, he can help you maneuver the system to your advantage. Contact him at 651-324-9514 or visit www.mndisability.com

They Say I'm at Maximum Medical Improvement, Now What?

The first time most employee's are confronted with the term MMI (Maximum Medical Improvement) is when they go to their mailbox and find a letter attached to a Notice of Intent to Discontinue Benefits on the basis the employee has reached MMI. Most employee's think this can't possibly be correct, after all they still continue to treat with their doctor and they haven't fully recovered from their injury.

Maximum medical improvement (MMI) is defined in Minnesota Statutes §176.011, Subd. 25. It is the date after which no further significant recovery from or lasting improvement to a personal injury can be reasonably anticipated, regardless of subjective complaints. After the date of MMI has been validly determined, the insurer does not need to request any further determinations of MMI unless the employee becomes medically unable to continue working (see Minnesota Statutes §176.101, Subd. 1(e)(2)). For purposes of commencement or recommencement of temporary total disability benefits only, a new period of maximum medical improvement begins when the employee becomes medically unable to continue working due to the injury.

MMI determinations are important because the employee's entitlement to future benefits can cease 90 days after the insurer serves a written report of MMI. If your benefits have been discontinued based upon MMI or any other reason, I strongly urge you to contact an experienced workers compensation attorney. When your benefits are in jeopardy, don't rely on the attorney who dabbles in work comp and can handle your will, divorce or even bankruptcy. Minnesota Disability attorney Tom Atkinson ONLY represents injured and disabled employees! Contact him today at 651-324-9514 or tom@mndisability.com