What is a Stipulation Status Conference? MN Workers' Compensation Proceedings

My workers’ compensation case settled. I received Notice of a Stipulation Status Conference from the Office of Administrative Hearings. What is this? 

A Stipulation Status Conference is an informal conference scheduled by the Minnesota Office of Administrative Hearings (OAH) to determine or confirm the status of a pending dispute. Once OAH has been notified that a workers’ compensation case has settled, the case is scheduled for a Stipulation Status Conference several weeks later.

The purpose of the Stipulation Status Conference is essentially to ensure that a Stipulation for Settlement is filed with the Court in a timely manner once a case has settled. In some cases, there are numerous issues that must be resolved even after a tentative agreement is reached. For example, medical providers must often be negotiated with concerning resolution of their outstanding bills. If there are many medical providers, or intervenors, it can take additional time to resolve all of the outstanding medical expenses. In other cases, it can take time to procure additional documentation or information before a settlement can be finalized. In these instances, if a settlement is taking longer than anticipated to finalize, the purpose of the Stipulation Status Conference is to ensure that the parties are moving things in the right direction, and to offer the assistance of the Court in resolving outstanding matters.

Rarely, after a tentative settlement has been reached, one or more of the parties decides to back out of the settlement. During a Stipulation Status Conference, the Court will place the matter back on the trial calendar if a tentative settlement falls apart.

As a rule, our clients do not need to attend Stipulation Status Conferences. Most often, they are cancelled prior to the date of the conference, once the appropriate paperwork has been filed. If a Stipulation Status Conference does take place, and you are represented by Meuser & Associate, Ron or Jen will attend on your behalf.

If you are not represented, or if you are represented by another Minnesota workers’ compensation attorney, you should either plan to attend, or ask your attorney whether you need to attend or not. For a free, no-obligation workers’ compensation legal consultation, contact Meuser & Associate at 877-746-5680 or click here to send us an email.

Help in Settling Your Minnesota Workers’ Compensation Claim

If you’re suffering from a work-related injury, you not only have to deal with the physical symptoms of your injury, but you have the added stress of trying to deal with the workers’ compensation insurance company, trying to understand your rights and avoiding mistakes, and maybe even dealing with the uncertainty as to whether you’ll be able to continue working or not. Often times, injured workers want to settle their workers’ compensation claims in exchange for a lump sum, and in many cases, this is a good option. 

Unfortunately, trying to settle your case on your own is usually not a good idea. Minnesota workers’ compensation law is extremely complex. Workers’ compensation insurance adjusters deal with workers’ compensation law all day, every day. They know the rules; you probably don’t. They can spot potential problems on your case; you may not even be aware these potential problems exist. They recognize potential claims you may have, but they are not obligated to tell you about them. To make the playing field even less equal, insurance adjuster often hire defense attorneys to give them advice and guidance, particularly if there are disputes on your claim.

The deck is stacked against injured workers. 

A good Minnesota workers’ compensation lawyer can help you level the playing field, particularly if you’re exploring settlement of your case. There are literally dozens of factors that come into play in determining a fair settlement value of a workers’ compensation case, and a workers’ compensation lawyer can help you evaluate these factors. In order give yourself the best chance of securing the best results on your case, or increasing your odds of protecting your rights, you will want a legal ally on your side with just as much experience and knowledge about the workers’ compensation system as the other side has.

Educating yourself about your Minnesota workers’ compensation rights is the first step in protecting those rights. For a free, no-obligation workers’ compensation case consultation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Does Workers’ Compensation Affect My Social Security Disability Income (SSDI) Benefits?

Under the Social Security rules, the total amount of your workers’ compensation benefits and social security benefits cannot exceed eighty percent (80%) of your average monthly earnings before you became disabled.

If your combined benefits exceed 80% of your pre-disability average monthly earnings, your social security benefits likely will be reduced. Minnesota workers’ compensation wage loss benefits are paid at a rate of 2/3 or 66.6% of your average weekly wage (AWW) at the time of your injury. For most people receiving both workers’ compensation and Social Security Disability Income (SSDI) benefits, your social security benefits will be reduced, but not entirely offset.

When a workers’ compensation case is settled, we usually incorporate what we refer to as “Social Security” language into the Stipulation for Settlement, or the document that sets forth the terms of the settlement. In essence, this language prorates the lump sum settlement over the employee’s life expectancy. In determining whether and to what extent any offset is applicable, the Social Security Administration utilizes the prorated figures set forth in the language of the Stipulation for Settlement.

For example, assume we have a 55 year old male, born on January 1, 1956, that has settled his Minnesota workers’ compensation case for a lump sum of $35,000.00 for a close out of indemnity (monetary) benefits. According to the social security life expectancy tables, this gentleman has a life expectancy of 24.87 years, or 298.44 months.

In this case, the "Social Security" language would look something like this:

Of the $35,000.00 settlement amount, the sum of $7,200.00 is to be paid to the claimant’s attorney as fees. The claimant is currently 55 years old, having been born on January 1, 2956, and has a life expectancy of 24.87 years, or 298.44 months. The balance of $27,800.00 shall be paid to the claimant and shall represent a compromise payment of weekly indemnity benefits over the projected term of the claimant’s life expectancy of 298.44 months at the rate of $93.15 per month, or $23.29 per week. 

The advantage to incorporating this language is that the lump sum payment is stretched out over a longer period of time than most employees would be actually entitled to payment of benefits. By prorating the lump sum payment, or stretching it out over an employee’s lifetime, it minimizes any applicable Social Security offsets for the simultaneous receipt of Minnesota workers’ compensation benefits.

Individuals who are eligible for Social Security Disability Income (SSDI) benefits as the result of a work-related injury are also typically eligible for Minnesota workers’ compensation benefits. If you’re receiving SSDI benefits as a result of a disabling injury you received on the job, or if you’re currently receiving both SSDI benefits and workers’ compensation benefits, contact Meuser & Associate for a free, no-obligation case consultation. Call us at 877-746-5680, or click here to send us an email.

Money Benefits in a Minnesota Work Comp Case

Individuals who are hurt at work in Minnesota may be eligible for workers' compensation benefits, which, in addition to medical expense benefits and rehabilitation benefits, can include significant monetary benefits.

I often meet with potential Minnesota workers’ compensation clients who tell me that they just want to get the medical care they need and get on with their lives. They tell me they don’t want any money, they just want to get back to work, and they don’t want their employer to think poorly of them if they hire a lawyer. While this is an admirable attitude to have, all injured workers should know a few things about monetary benefits available under Minnesota workers’ compensation benefits.  

• The amount of your wage loss benefits is usually dependent on how much money you earned in the 26 weeks preceding your date of injury.  This calculation method is used to determine your Average Weekly Wage (AWW). Your AWW is used to calculate wage loss benefits, including temporary total disability (TTD) benefits, temporary partial (TPD) disability benefits, and permanent total disability (PTD) benefits. In some cases, a different calculation rule may apply. Determining an injured workers’ correct AWW is important to determining the appropriate compensation rate for wage loss benefits. Calculation errors or under-calculations can cost an injured worker hundreds or even thousands of dollars. 

• There is no pain and suffering compensation available in a Minnesota workers’ compensation case. Compensation paid on a work injury claim is based strictly on the benefits available under the law. “Pain and suffering” or “loss of enjoyment of life” are money damages awarded by judges or juries in personal injury cases, not workers’ compensation cases. Even the most horribly painful injury will not warrant any compensation for pain and suffering if it is a workers’ compensation injury in Minnesota. In some workers’ compensation cases, however, there may be what’s known as a third-party liability claim, or a personal injury claim, against someone other than an injured workers’ employer or a co-worker, which can include damages for pain and suffering. 

• Permanent partial disability awards are available only to injured workers whose injuries are permanent. Permanent partial disability (PPD) benefits are available to injured workers in Minnesota who have suffered a permanent injury. A worker in Minnesota who sustains a serious, but temporary injury, is not eligible for permanent partial disability benefits. For workers who have sustained a permanent injury, your doctor should assign a permanent partial disability rating based on the Minnesota PPD schedules once you have reached Maximum Medical Improvement (MMI). This rating is often a source of disagreement in workers’ compensation cases. In some cases, five different doctors might come up with five different ratings. 

• Insurers sometimes “close” a Minnesota workers’ compensation case without obtaining a permanent partial disability (PPD) rating from the injured worker's treating physician. On occasion, this may be because the primary treating physician simply isn’t familiar with the workers’ compensation PPD schedules or the rules governing timing of assigning a PPD rating. In other cases, the doctor, unfortunately, simply doesn’t want to be bothered. In yet other cases, the insurer never requests a rating from the doctor, and a rating is never issued, even though the worker clearly has a permanent injury. We routinely see cases that were supposedly “closed” by the insurance company, where the worker was clearly entitled to several thousand dollars’ worth of permanent partial disability benefits.

• It may be difficult, if not impossible, to predict how much money an injured worker will get for a Permanent Partial Disability (PPD) award at the outset of the claim. When an injured worker comes for a consultation at the beginning of his or her claim, I may not be able to predict how much money will be awarded for PPD, because we don’t know the extent, if any, of any permanent injuries that individual may have until that worker has gone through a course of medical treatment. For some types of injuries, I can give a ballpark estimate on the permanent partial disability, but others depend on loss of range of motion, review of MRI’s or operative reports, or neurological testing. Aside from the value of a claim for permanent partial disability benefits, an injured worker’s case may have additional monetary value for wage loss benefits and other workers’ compensation benefits. 

• The workers’ compensation insurance company is not required under the law to offer you a settlement on your workers’ compensation case. One of the most common questions I hear is: “when does the insurer have to offer me a settlement?” The answer is: They don’t. That being said, in many, many cases, we are able to secure a settlement on behalf of our clients. There are a variety of different types of Minnesota workers’ compensation settlements. An injured worker is extremely well advised to speak with an experienced workers’ compensation lawyer before attempting to settle his or her case. There’s simply too much at stake to try to “wing it” when you’re looking at settling your workers’ compensation case, particularly if your injuries are serious, or if you’ve missed significant time from work. 

Even if you have an “admitted” Minnesota workers’ compensation claim, meaning that the insurer is paying your benefits, as a rule, it’s not a matter of IF there will be a dispute on your case—it’s a matter of when. At every turn, the workers’ compensation insurer is looking for ways to minimize the amount of benefits they have to pay on your claim. You need to look out for your best interests!

To learn more about the benefits available to workers’ hurt on the job in Minnesota, call Meuser & Associate at 877-746-5680 or click here to send us an email to schedule a free, no-obligation consultation. 

I Received a PPD Payment, Is My Case Closed? Minnesota Workers’ Compensation Permanent Partial Disability

I get calls from injured workers in Minnesota a couple times a month who’ve received a check in the mail from the workers’ compensation insurance company and a Notice of Benefit Payment which indicates that they’re receiving payment for Permanent Partial Disability (PPD) benefits. These folks often have questions about what exactly this payment is for, and how it may affect their rights. 

Usually, the permanent partial disability (PPD) payment is based on a rating that your doctor assigned to your permanent injury. In some cases, insurance companies pay a minimum amount of permanent partial disability benefits if there’s a question as to whether the injured worker may be eligible for a higher rating.

Receiving a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case does not mean that your case is settled or closed. Cashing your PPD payment does not mean that you’ve accepted a settlement, or agreed to close your case. 

Many workers who receive a PPD payment are eligible for additional workers’ compensation benefits. When I speak with injured workers who have questions about a PPD payment they’ve received, I typically try to evaluate:

• Whether the amount of PPD is correct. 
• Whether a maximum medical improvement (MMI) determination is premature. 
• And, whether they may be eligible for additional workers’ compensation benefits. 

A while back, I met with an injured worker for an initial consultation. He had a couple back injuries over the years, and had undergone back surgery. He had been off work due to his back problems for a couple years, which had resulted in progressively worsening neurological problems in one of his legs. He told me that he had settled the monetary benefits on his back injury claims. In the meantime, we decided to pursue a claim for payment of his outstanding medical expenses.

As part of investigation his claim, I obtained copies of his workers’ compensation file from the Department of Labor and Industry. While I found documentation that this gentleman had been paid permanent partial disability benefits for some of his back injuries, I couldn’t locate any documentation of any settlements. The attorneys for the insurance companies involved were also unable to locate any documentation of any settlements. I realized that this gentlemen ASSUMED that he had settled his cases because he had received permanent partial disability payments for his injuries.

In fact, because he hadn’t settled his cases, this gentleman has a substantial claim for wage loss benefits, in addition to his claims for payment of his medical expenses.

The moral of the story is that a permanent partial disability (PPD) payment on a Minnesota workers’ compensation case is not a settlement or a close out of other claims. 

If you’ve received a permanent partial disability (PPD) payment on your Minnesota workers’ compensation case, a workers’ compensation attorney can evaluate whether the payment is appropriate and whether or not you have additional workers’ compensation claims. For a free, no-obligation Minnesota workers’ compensation case consultation, call Meuser & Associate at 877-746-5680 or click here to send us an email. 

Recent Minnesota Personal Injury Case Successes

Meuser & Associate secures millions in dollars in benefits for our workers' compensation and car accident clients each year. Each case is different, and you should consult with an attorney for a fair evaluation of your claim.

Here's a couple our of recent successes:

• Meuser & Associate recently secured a jury verdict in excess of $100,000 for a gentleman that was involved in a car accident with two other cars. He had a prior history of low back pain dating back 20 years, but experienced an increase in pain following the accident. He underwent a variety of treatments, including injections, physical therapy, and chiropractic. He suffered a number of aggravations to his low back injury at work and at home. Ultimately, nearly two years after the car accident, he had to undergo a lumbar decompression surgery. Thankfully, with the exception of a few weeks following surgery, our client was able to return to work with no wage loss. Prior to trial, we secured a settlement with one the insurance company of one of the drivers, but the insurance company for the other driver, who was primarily at fault, offered only $12,500.00. The jury found that driver 100% at fault for the accident, and awarded over $100,000 in damages. 

• We secured a $65,000.00 binding arbitration award for a gentleman who was involved in a rollover car accident while in the course and scope of his job as a firefighter. We had previously secured a significant settlement of his workers’ compensation claim on his behalf. Prior to the car accident, our client had sustained numerous, serious work-related injuries to his neck and back during his career as a firefighter. The car accident aggravated his neck and back conditions, including several herniated discs. He was unable to continue working as a firefighter following the car accident. 

• Meuser & Associate recovered a $28,000.00 settlement for a young man who was involved in a car accident. He had underlying juvenile discogenic disease, which caused premature degenerative changes throughout the spine. It was difficult to differentiate which problems in his spine were caused by the car accident and which problems were pre-existing. His doctor concluded that the car accident substantially aggravated his underlying condition. 

If you sustain injuries in a car accident due to someone else’s fault, you may be entitled to compensation for your damages, including medical expenses, wage loss, and pain and suffering.

The verdict or settlement of your own case will depend upon its particular facts. Past results do not guarantee future results. Every case is different and must be judged on its own merits. The cases reported in the website are not meant to cause any unjustified expectations regarding the merits of your own claim.

For a free, no-obligation Minnesota car accident case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Recent Minnesota Workers' Compensation Successes

Each year, we recover millions of dollars’ worth of benefits on behalf of our clients. Each case is different, and you should consult Minnesota workers’ compensation attorney to get a fair assessment of the value of your workers’ compensation case. 

Here’s a couple examples of our recent successes:

• We recently secured an $85,000.00 workers’ compensation settlement for a police officer who suffered an on-the-job heart attack after a high-speed chase and physical altercation with a suspect. While the officer recovered from the heart attack with relatively mild permanent heart damage, he developed significant anxiety and fear about suffering another heart attack when confronted with high-stress situations, which caused him to experience atrial fibrillations, or erratic heartbeats. As a result, he could no longer work as a police officer. Prior to the settlement, this gentleman had received a variety of monetary and medical benefits from the workers’ compensation insurer. As part of the settlement, he is also entitled to ongoing medical care for his heart condition for the rest of his life. We also secured PERA duty disability benefits and healthcare continuation benefits under Minn. Stat. § 299A.465 on his behalf.  

• We recovered a $51,000.00 workers’ compensation settlement on behalf of a school janitor who sustained a broken foot and a neck injury when he fell while cleaning. The workers’ compensation insurance company acknowledged liability for his foot injury, but denied liability for his neck injury. Unfortunately, the worker subsequently developed regional sympathetic disorder (RSD) in his lower extremity, and the insurance company started fighting over his medical care. Prior to the settlement, the worker received over a year’s worth of wage loss benefits and substantial medical expense benefits. In addition to the monetary settlement, he will be entitled to medical care for his foot and leg injury for the rest of his life. 

• We obtained a $70,000.00 workers’ compensation settlement for a machine operator who sustained numerous injuries over the years to his shoulders, neck, and back. Eventually, he had to undergo a two level fusion in his cervical spine and could no longer do his job. Prior to the settlement, the worker had received a variety of wage loss benefits and medical expense benefits. In addition to the settlement, he is entitled to future medical care for his back, neck, and shoulders for the rest of his life. 

The verdict or settlement of your own case will depend upon its particular facts. Past results do not guarantee future results. Every case is different and must be judged on its own merits. The cases reported in the website are not meant to cause any unjustified expectations regarding the merits of your own claim.

For a free, no-obligation Minnesota workers’ compensation case evaluation, contact Meuser & Associate at 877-746-5680, or click here to send us an email to schedule an appointment with one of our attorneys. 

Calculating a MN Work Comp Settlement

Under Minnesota workers’ compensation law, there is no automatic right to a lump sum settlement. That means that neither side can force the other side to settle the case. That being said, in the majority of cases, the parties can, and do, reach some kind of settlement.

There are a variety of different kinds of settlements of workers’ compensation cases, but generally, they are either full, final, complete settlements, or to-date settlements. When people want to settle their Minnesota workers’ compensation case in exchange for a lump sum payment, they are usually thinking of what is known as a full, final, complete settlement, which is a lump sum settlement of all past and future claims, which sometimes closes out an employee’s right to future medical expense benefits, or sometimes leaves open an employee’s right to future medical expense benefits.

While there are literally dozens of factors that need to be evaluated in every case before attempting to put a monetary value on the claim, generally speaking, there are several things that we calculate in every Minnesota workers’ compensation demand. The best way to get an accurate valuation of your Minnesota workers’ compensation claim is to consult with a Minnesota workers’ compensation lawyer.

Past wage loss claims: We calculate claims for any past wage loss to-date, if the workers’ compensation insurer owes any past wage loss benefits. This can include temporary total disability benefits, if the employee has been completely off work, or temporary partial disability benefits, if the employee has been working, but earning less money. In some cases, it can include past permanent total disability benefits. It can also include underpayment claims if the insurer has been paying benefits at an incorrect rate. Factors that play into this calculation include the employee’s average weekly wage and compensation rate at the time of the injury, whether or not the employee has reached maximum medical improvement or not, whether the employee has consistently had work restrictions during the relevant time periods, whether the employee has conducted a diligent job search during the relevant time periods, and whether any third parties have paid wage loss benefits during the same time periods.

Future wage loss claims: For a full, final, complete settlement demand, which contemplates a close out of future wage loss benefits, we also calculate what the employee will realistically incur in future wage losses as well. Several factors come into play in this calculation, including how many weeks of wage loss benefits the employee remains entitled to, whether or not the employee has reached maximum medical improvement, whether the employee is currently working or not working, how much longer it is anticipated that the employee will be off work, whether the employee has permanent work restrictions and the nature of those restrictions, the employee’s anticipated future earning capacity, the employee’s average weekly wage and compensation rate at the time of the injury, and whether the employee is eligible for any other wage loss benefits, such as PERA disability benefits, retirement pension benefits, or social security disability benefits.

Permanent partial disability claims: Based on the type and severity of the injury, we determine whether the employee may have claims for permanent partial disability benefits. Factors that come into play in estimating the value of permanent partial disability benefits, include the nature and extent of the injury, whether or not any permanent partial disability has already been paid, the nature and extent of any pre-existing conditions, and whether a doctor has assigned a permanent partial disability rating.

Out of pocket expenses/medical mileage: If the injured worker has incurred out of pocket expenses or medical mileage, we typically include a claim for reimbursement of these expenses.

Close out of rehabilitation/retraining benefits. Often, a full, final complete settlement also includes a close out of entitlement to rehabilitation and/or retraining benefits. While an injured worker doesn’t actually receive money for rehabilitation benefits, this is a benefit that has monetary value to the insurance company, because they pay for this benefit. If an employee is a strong candidate for retraining, which can be a costly benefit, the value of closing out this type of benefit may be higher.

Payment of outstanding medical expenses/third party intervenors. In addition to the monetary benefits claimed, normally a settlement demand directs that the insurer will also be obligated to satisfy any outstanding medical expenses, and reimburse any third party payors, such as a person's private health insurance, if any of the medical expenses have been paid by a third party. 

Close out of future medical care. In some cases, it may be appropriate to consider a close out of an employee's rights to future medical care in exchange for a monetary payment. In some cases, consideration of a close out of future care is not appropriate. This depends on a variety of factors, such as whether the underlying claim is admitted or denied, the nature and extent of the employee's injury, and the nature, extent, and expense of any anticipated future medical care.

In addition to the actual hard numbers in valuing a Minnesota workers’ compensation claim, obviously, the strengths and weaknesses of any claims or defenses must be taken into account. For example, on a workers’ compensation case where the insurer doesn’t have strong defenses to the claims, it is much more likely that an injured worker will get a settlement that is closer to the demand amount. For cases where the insurer has strong defenses to the claims, or stronger defenses on liability for the underlying injury, while the potential value of the case may be high, that must be weighed against the higher risk that the insurer will successfully defend against those claims.

Crunching the numbers on a Minnesota workers’ compensation claim can be complicated, but coming up with the numbers is actually the easy part. The harder part is determining the true value of a claim to ensure that you’re getting a fair deal on a settlement of your workers’ compensation claim. Workers that try to settle their cases on their own usually undervalue their claims, or unknowingly give up rights to valuable future benefits. Do not trust the workers’ compensation insurance company to give you a fair valuation of your claim!

The best way to ensure that you’re getting a fair deal in settling your claim is to have a Minnesota workers’ compensation lawyer assist you with the process. For a FREE, NO-OBLIGATION case consultation call Meuser & Associate at 877-746-5680, or click here to send us an email. We’ve been helping injured workers for over 20 years, and have recovered millions of dollars in workers' compensation benefits for our clients. We can help you get a fair settlement of your Minnesota workers’ compensation claim. 

Minnesota Workers’ Compensation Settlement: How Much Will I Get?

Some of the most common questions I hear from injured workers are:

• When will the insurance company offer me a settlement on my workers’ compensation case? 
• How much will I get for a settlement of my work injuries?
• When will my workers’ compensation trial be?
• How much will the insurance company give me for my bulging disc, carpal tunnel, fusion surgery, or broken ankle?

The answers to these questions depend on a lot of different variables in Minnesota workers’ compensation cases. The most important thing to remember in a workers’ compensation case, is that there is no “settlement” per se, nor is there necessarily a trial in a Minnesota workers’ compensation case.

A Minnesota workers’ compensation case is different than a personal injury case. A personal injury case is resolved by settling or going to trial, and you receive a lump sum of money to compensate you for your medical expenses, your wage loss, and your pain and suffering. A personal injury settlement or jury verdict also accounts for your future medical expenses, your future wage loss, and your future pain and suffering. It’s a one-shot deal. Whatever you settle for or whatever the jury awards is the amount you get in compensation for your injuries. Period.

In contrast, in a workers’ compensation case, if your claim is admitted, the workers’ compensation insurance company simply makes payments as your expenses occur, like medical bills, or weekly wage loss benefits. We often say that an injured worker is then “in” the workers’ compensation system. If there are no disputes on your workers’ compensation case, there is no trial.

If there are disputes on your workers’ compensation case, whether the workers’ compensation insurer has flat-out denied primary liability on your case, or refused to pay your medical bills, refused to pay certain benefits, or refused to authorize certain treatment, once your attorney files a claim, you will ultimately get a trial date.

A workers’ compensation trial is very different than a personal injury trial.

• First off, there is no jury – a workers’ compensation judge makes a decision on your case.
• Second, workers’ compensation trials are much less formal than personal injury trials in terms of procedure. 
• Third, and most importantly, a workers’ compensation judge will make a determination only as to the issues currently in dispute on your case. For example, if the workers’ compensation insurer is denying pre-approval for surgery, and that’s the only dispute on your case, the judge will make a determination only whether or the workers’ compensation insurer must pay for the surgery. If there is a dispute regarding your entitlement to permanent partial disability (PPD) benefits, the judge’s decision will address only this issue. If your case involves a dispute as to your entitlement to wage loss benefits, a judge makes a determination as to your eligibility for wage loss benefits only up through the date of the hearing. At a workers’ compensation trial, the workers’ compensation judge will not make a determination as to your entitlement to future benefits.

Even if you win a trial on whatever issues are in dispute, it’s entirely possible for the insurance company to turn around the next day and refuse to pay for something else, and you have to start the dispute process all over again. In fact, we have a number of clients where we’ve gone to trial on their cases a number of times.

Sounds depressing to be stuck in this “system,” right? The good news is that in most workers’ compensation cases, we are able to procure a settlement on behalf of our client, regardless of the type of dispute involved. Depending on the issues at dispute, there are any number of ways to “settle” a workers’ compensation case.

A few examples might include:

• There is a dispute over an injured worker’s wage loss benefits. The parties might enter into a “to-date” settlement where the employee receives a partial settlement for an underpayment of wage loss benefits through the date of the settlement, and the employee is entitled to claims for future benefits.
• There is a dispute over payment of an employee’s medical bills. The parties agree to settle those bills with the medical provider for a compromised amount as part of a “to-date” settlement. The employee doesn’t receive any money as a result of this type of settlement, but he or she is entitled to ongoing benefits. 
• There is a dispute over an employee’s wage loss benefits. The parties agree to settle an employee’s case on a full, final, and complete basis, which closes out both past and future monetary benefits in exchange for a lump sum payment, but leaves open entitlement to future medical care to be paid by the workers’ compensation insurance company. 
• There is no dispute on an employee’s workers’ compensation case. The parties agree to settle an employee’s case on a full, final, and complete basis, for a close out of the employee’s entitlement to future wage loss benefits in exchange for a lump sum payment, leaving open entitlement to future medical care. 
• The insurance company denies primary liability on an injured workers’ case. The parties agree to settle all claims, including entitlement to future medical care, in exchange for a lump sum payment. 
• The employee previously entered into a settlement, closing out his or her entitlement to monetary benefits. A dispute arises regarding the employee’s entitlement to medical care. The parties enter into a settlement agreement whereby the insurance company pays a compromised amount to the employee’s medical providers. The employee’s ongoing medical care remains open.

I often hear from clients statements like “my uncle got X dollars for the same injury I had,” or “my neighbor only got X dollars for the same injury I have, is that all that I will get?”

The biggest variable that comes in to play in calculating a “demand” for purposes of settlement negotiations on a Minnesota workers’ compensation case is not necessarily the type or severity of the Employee’s injury. It is usually the amount of the injured worker’s Average Weekly Wage (AWW). The AWW determines the compensation rate for both temporary total disability (TTD) benefits and temporary partial disability benefits (TPD). Other factors that come into play is the type and severity of the injury, how long the employee has been and/or is expected to be off work, what the employee’s projected earning capacity is, whether the employee is currently working, whether the insurance company has admitted or denied primary liability, the strength of any defenses the insurance company may have to the claim, whether the employee is 90 days post-MMI, and how long the insurance company has paid benefits to the employee. Things like pain and suffering you've experienced, loss of enjoyment of your previous lifestyle, and the stress of dealing with an injury do not factor in to the value of your workers' compensation claim, because these types of intangible losses are not compensable under the Minnesota workers’ compensation system.

So, the long answer to the question “How much will I get for my Minnesota workers’ compensation settlement?” is:

It depends on the specific facts of your case! At Meuser & Associate, we’ve tried hundreds of workers’ compensation cases, and settled thousands of cases. We can help make sure you get the benefits you’re entitled to, whether it be by trying your case, or by settling your case.

For a free, no-obligation consultation regarding your workers’ compensation case, call us at 877-746-5680, or click here to send us an email to speak with one of our Minnesota workers’ compensation lawyers.

Visit us at MeuserLaw.com!