Legal Question in Workers Comp in Minnesota

My husband was injured on the job, a part time, seasonal position. He had multiple injuries to his right arm and shoulder and hand. The doctor has filed with Workman's comp a report that says he is permanently disable, 25%. This is in the state of Minnesota. He is getting a weekly check until the total reaches $21,000 according to the MN statute. He wanted it in one lump sum but they still are going to charge a 5% fee. We thought that wasn't right.

Asked on 4/24/10, 11:20 am

3 Answers from Attorneys

Jerry Sisk The Law Office of Thomas Mottaz

The law provides the following:

Permanent partial disability is payable upon cessation of temporary total disability under subdivision 1. If the employee requests payment in a lump sum, then the compensation must be paid within 30 days. This lump-sum payment may be discounted to the present value calculated up to a maximum five percent basis. If the employee does not choose to receive the compensation in a lump sum, then the compensation is payable in installments at the same intervals and in the same amount as the employee's temporary total disability rate on the date of injury. Permanent partial disability is not payable while temporary total compensation is being paid.

Under the law 5% is the maximum. I think you could argue that it should be less based on the economy. Otherwise, if you want a lump sum payment you are stuck then with the 5%. Good luck.

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Answered on 4/29/10, 11:54 am
Donald Kohler Donald W. Kohler, Attorney at Law

If your husband has a 25% ppd rating he meets the threshold for being considered permanently totally disabled He is entitled to both the lump sum/weekly benefit paid for the permanency rating. Also, he is eligible for permanent total disability beneifts through the presumptive retirement age of 67

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Answered on 4/29/10, 12:05 pm
J. Chris Carpenter Harvey and Carpenter

Depending on the date of injury, a 25% rating is worth $23,730 without a reductions. Sometimes additional ratings are appropriate. It sounds like your husband's injuries are serious. Workers compensation is complicated. You should call an attorney to make sure he is being paid fairly. Many times insurer's under pay benefits by mistake. A free appointment or phone call with an attorney is well worth your time. Feel free to call me at 507 625 3000.

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Answered on 4/29/10, 12:10 pm

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