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This is a question with regard to my workers compensation…

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This is a question with regard to my workers compensation injury. I had a Total Shoulder Arthroplasty done with reattachment of my bicep. What is the approx disability rating for this in Minnesota? Settlement is near and want to make sure it's fair.
Submitted: 4 months ago.Category: Employment Law
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Answered in 1 minute by:
9/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 8,413
Experience: Licensed to practice before state and federal court
Verified

Please forgive me for writing that. That was my mistake. That was for another customer. Just one moment.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm very sorry for the delay. Under Minnesota law, the approximate disability rating is between 13 and 17%. At 13%, it is important to understand that the employer must also be at least 55 years old and not high school graduate. At 15%, the employee has to be at least 50 years old at the time of the injury, but there is no age requirement for the 17% permanent disability. The current compensation rate he is 2/3 an employee's gross weekly wage at the time of the injury Did you have any other questions for me about this?

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Customer reply replied 4 months ago
How many weeks does 17% come out to be?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Well, if you have permanent total disability, then it means that you will be paid out disability so long as you can't return to work, so indefinitely.

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Customer reply replied 4 months ago
No I am back to work but the 17% usually is so many weeks as far as paying out for that rating? I got one for my back years ago and the % they rated by disability was on some chart. So 17% equals how many weeks paid out?
Customer reply replied 4 months ago
being I had a new shoulder put in I assume this is Permanent total and not Temp Total?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Unfortunately, as much as I would like to answer this question, I simply don't have the answer and I can't find it. Let me do this, let me opt out and have another expert review your situation who is more skilled in MN worker's comp. My apologies. Please do not rate because your question may be closed by the moderators entirely.

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Customer reply replied 4 months ago
Ok I will wait to hear from another atty. Thank you
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 121,859
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

If you have a disability rating of at least 17% now under the new MN law, you can claim permanent total disability. This means that under MN law, " For permanent total disability, as defined in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of the injury, subject to a maximum weekly compensation equal to the maximum weekly compensation for a temporary total disability and a minimum weekly compensation equal to 65 percent of the statewide average weekly wage. This compensation shall be paid during the permanent total disability of the injured employee but after a total of $25,000 of weekly compensation has been paid, the amount of the weekly compensation benefits being paid by the employer shall be reduced by the amount of any disability benefits being paid by any government disability benefit program if the disability benefits are occasioned by the same injury or injuries which give rise to payments under this subdivision."

So you would collect your permanent total disability up to your maximum retirement age in accordance with the MN law. See also (copy and paste link to browser, do not click link): https://www.revisor.mn.gov/statutes/?id=176.101

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
Okay I'm not sure maybe I'm confusing people LOL I am back to work and my disability rating is coming up in 2 months. With a shoulder replacement do they pay out the rating as permanent total or temporary total. Like I said I am back to work. If it's true like the previous attorney said a total shoulder replacement would be a 17% rating how many weeks does that equal to as far as a payment for settlement? I know there is a chart of some kind that tells you how many weeks that is equal to. I did get 7:20 a week on work comp when I was off of work
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

They could pay out total permanent if your doctor says you cannot work, but that does not seem to be the case, so in that case you would receive 17% of whatever your total disability would be under partial permanent disability and that is received up to $90,000. See: http://www.dli.mn.gov/wc/DispBenPpd.asp (copy and paste link to your browser, do not click it).

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 4 months ago
I'm sorry the link is not working is that the link that tells us how many weeks 17% is?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

I asked you to copy and paste the link to your browser and not click on it, if you would do so (as I just did) it would work.

That is the link that tells you your maximum benefit, it is not a number of weeks, it is up to $90,000 of payments.

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Customer reply replied 4 months ago
Now that I got into my home and off of my phone, you are correct, you asked me not to click on the link. I pasted it into my browser and it still won't open. It's ok, I'll just wait.
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

I just copied it and pasted it 3 different times and it opened. I do not know what the issue is on your end with that, but I do know this site has an issue with clicking on links which is why I told you not to click on it.

Please type the web address in there if you want to double check me as I am copying and pasting the information below, it is the MN department of labor site.

Workers' compensation -- Disability benefits: Permanent partial disability (PPD)

Permanent partial disability (PPD) benefits are payable for the permanent functional loss of use of the body based upon a disability schedule.

Prior to 1984, PPD ratings were given to each body part, such as the back, arm or leg. The ratings were multiplied by a specific number of weeks and again multiplied by the compensation rate to determine the amount payable. If the employee injured more than one body part, the amount owed for each body part was increased by 15 percent. Payment of benefits was usually made in a lump sum.

Since 1984, PPD ratings have been assigned as a percentage of disability to the body as a whole and there have been rules (usually called the PPD schedule) that are required to be used when determining the rating. The total percentage rating is multiplied by a specific dollar amount or a number of weeks to determine the benefits that are payable. Ratings cannot exceed 100 percent of the whole body for any one injury. Permanent partial disability benefits can be paid concurrently with TPD and PTD, but not with TTD.

Determining the proper permanent partial disability rating and payment amount for a claim can be complicated. This section will primarily focus on dates of injury since 1984, and will explain:

  • how to compute the amount due;

  • the basics of using the PPD schedule;

  • how to combine multiple ratings;

  • when and how PPD is payable;

  • how to apportion pre-existing PPD; and

  • what the insurer needs to do when PPD is or is not payable.

Statutory language

176.101 Compensation Schedule (1995)
Subd. 2a. Permanent partial disability.

(a) Compensation for permanent partial disability is as provided in this subdivision. Permanent partial disability must be rated as a percentage of the whole body in accordance with rules adopted by the commissioner under section 176.105. The percentage determined per the rules must be multiplied by the corresponding amount.

Injuries from Oct. 1, 1995, through Sept. 30, 2000

Impairment rating %AmountImpairment rating %Amount

0-25$75,00061-65$160,000

26-30$80,00066-70$180,000

31-35$85,00071-75$200,000

36-40$90,00076-80$240,000

41-45$95,00081-85$280,000

46-50$100,00086-90$320,000

51-55$120,00091-95$360,000

56-60$140,00096-100$400,000

Injuries on or after Oct. 1, 2000

Impairment rating %AmountImpairment rating %Amount

0-5$75,00051-55$165,000

6-10$80,00056-60$190,000

11-15$85,00061-65$215,000

16-20$90,00066-70$240,000

21-25$95,00071-75$265,000

26-30$100,00076-80$315,000

31-35$110,00081-85$365,000

36-40$120,00086-90$415,000

41-45$130,00091-95$465,000

46-50$140,00096-100$515,000

For example, if the rating is 11 percent, find the 11- to 15-percent range on the table and multiply 11 percent by $85,000. The amount owed is $9,350.

Note: For ratings that fall between ranges, simple rounding rules for selecting the correct range are to be followed (Herrley v. Brunner Trucking, WCCA 8/31/1989). For example, if the rating is 5.49 percent, multiply 5.49 percent by $75,000. However, if the rating is 5.51 percent, multiply 5.51 percent by $80,000.

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