Monthly Archives: May 2010

How does an injured worker calculate PPD?

The phone call I got not too long ago prompted me to write this post. A potential client calls and he is irate that he was not getting $75,000 for his work injury. I ask him some questions and learn he was given a 4% PPD rating by his treating doctor for his work injury. […]

Change is not always good: Amendments to the Minnesota Permanent Partial Disability Schedule

In March of 2010, a hearing was held before an Administrative Law Judge over several requested changes to the permanency schedule. Written comments were submitted to the Judge and a report was issued.  The full report issued on April 9, 2010, can be found here. Unfortunately, the rule changes do not fall in favor of the […]

What is MMI (Maximum Medical Improvement)?

In 1983, the Minnesota Legislature created the legal fiction known as maximum medical improvement (“MMI”). This concept applies to injuries that occurred on or after January 1, 1984. The Legislature created MMI to serve two essential functions. These are discussed below. MMI is defined as “the date after which no further significant recovery from or […]

New contributor to Comp Wonk – David Kempston

We are very happy to announce that we have a new team member and author on board, David Kempston, an attorney with The Law Office of Thomas Mottaz. David has been a strong advocate for the injured worker. Since 2000 he has been designated “Super Lawyer” by the Minnesota Journal of Law and Politics. He also […]

2010 changes to the Minnesota treatment parameters : Minn. R. 5221

There are new changes to the treatment parameters concerning the appropriate use of medications for treatment of work related injuries. Under the new rule, Minn. R. 5221.6105, there are now “strict” limits to use of certain types of medications. This rule severely limits the medication a health care provider can prescribe including the type and […]

Show your work

Cuando yo cursaba la escuela primaria recuerdo que mi maestro de matemáticas me dijo que no era suficiente escribir la respuesta a la pregunta sino que era necesario que yo demostrara como había llegado a esa respuesta. El mismo razonamiento existe para establecer ciertas lesiones de trabajo. Usted necesita demostrar (comprobar) que hay una relación […]

Medical choices for injured workers

After a Minnesota work related injury, many injured workers assume that the Minnesota employer and workers’ compensation insurer will automatically pay for the injury and the related medical expenses. Unfortunately, there are many times when the insurance company denies the claim and refuses to pay for the medical treatment. The injured worker is then responsible […]

DOLI’s Video on Minnesota Workers’ Compensation

If you have some free time on your hands. Check out the video DOLI developed for injured workers.  You will need Windows Media Player to view it or you can order a DVD through the website. The video is about 50 minutes long so plan on sitting at your computer for awhile. If you have a general question you […]

Functional Capacity Evaluations (FCE) in Minnesota woekwes conpensation matters

Following a serious work related injury there comes a point when your medical doctors want to determine what your physical capabilities in order to return you to work, evaluate your disability, determine how non-work related conditions affect your work ability or to determine your overall functionality. A Functional Capacity Evaluation or FCE objectively measures an […]