Injured workers often contact our Minneapolis office after they receive a letter from their workers' compensation insurance company notifying them that they have reached Maximum Medical Improvement, or MMI. Clients are confused and don't understand how the insurance company could possibly make this determination when they are still experiencing symptoms that their doctor assures them will improve with time.
With workers' compensation in Minnesota, Maximum Medical Improvement has a specific definition with legal consequences. MMI means 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." Minn. Stat. §176.011, Sub.d 13 (a). MMI does not mean you aren't still suffering from the effects of your injury, it means that the workers' compensation insurance company believes that your recovery has reached a stage where it's as good as it's going to get. In other words you've reached a plateau in your medical condition.
A deposition is when both sides in a case have the opportunity to ask questions of the other side's witnesses "on the record." "On the record" means that the witnesses' answers, or "testimony", will be recorded for the purpose of litigation. Depositions are used to gather facts from the other side, determine if the person will make a credible witness, and to search for any inconsistencies in a case.
You, your attorney, the attorney representing the other side, and a court reporter will all be in the room. You will be "sworn in," meaning you will pledge to tell the truth. The other side's attorney will ask you a series of questions. Depending on your case, this can take a few hours or a half-day. Your own attorney may or may not ask you any questions. Remember they can ask you questions at any time, not necessarily on the record in front of opposing counsel.
The Minnesota Public Employees Retirement Association (PERA) provides retirement and disability benefits for public employees in the state of Minnesota including police officers, firefighters, and corrections officers. The Minnesota State Retirement System (MSRS) administers retirement and disability benefits for state employees including state troopers and other state peace officers and state corrections officers.
Minnesota police officers, firefighters, and corrections officers who sustain work-related injuries may be entitled to PERA or MSRS benefits under Minn. Stat. §299A.465, and PTSD Benefits under Minn. Stat. §299A.475 in addition to workers' compensation benefits.
Clients often ask, "How much is my case worth?" or, "How much can I get in a workers' compensation settlement?" This often determines whether clients decide to settle, go to a hearing, or risk a workers' compensation trial. The amount that your case is worth depends on a few different factors. Beware of Minnesota workers' compensation attorneys who try to tell you exactly how much your claim is worth because it's impossible. At Meuser Law Office, P.A. we give clients an estimate of what they can hope to recover in a settlement, based on each individual's injuries, average weekly wage, future earning potential, and permanency.
While you work comp case is in process, there are some things you can do as an injured worker to increase or maintain the value of your claim.
Don't miss a scheduled Independent Medical Exam or (IME). If you miss an IME, you can hurt your claim. For example, you can be charged by the insurance company for the doctor's no-show fee which can run around $600.00. If you are five minutes late to an IME, they can also charge you for the cancellation fee. If you run into an emergency where you are unable to attend the appointment, then call your workers' compensation attorney right away to let them know.