At Mottaz & Sisk Injury Law, we take cases, not to settle, but to get the benefits YOU deserve. If this means taking depositions, obtaining medical reports from your doctors, taking the case to trial or appealing to the Court of Appeals, our office will do it. Our attorneys and staff are here to help you!
One of the most common questions we get is about:
Notice of Intention to Discontinue Benefits
When the insurance company decides that they are going to stop paying you wage loss benefits they are required under the law to file a Notice of Intention to Discontinue Benefits or NOID. The form you receive provides various instructions on how to request a conference concerning your benefits. Typically, you have a very short window, sometimes 12 days, in order to request a conference. If you fail to request a conference in a timely fashion, your ability to get wage loss benefits will be delayed. It is important to talk with one of our experienced workers’ compensation lawyers right away so the necessary steps can be taken in order to get your benefits reinstated.
If you have not received an NOID our office can assist in getting your benefits reinstated by requesting a conference or filing a claim for benefits. One of our lawyers can discuss with your the appropriate course of action to get you the benefits you are entitled to under the law.
Going To The Conference
Some injured workers request their own conference and attend on their own, but in most cases, it would be in the injured worker’s best interest to have representation to make the necessary arguments to the compensation judge so their benefits get reinstated. An injured worker may not know what to argue or what to bring with them to a conference. Our office has handled thousands of these conferences and we know what needs to be done to get your benefits reinstated.
We at Mottaz & Sisk Injury Law offer free consultations for you to discuss your legal options. Because things move fairly quickly once an NOID has been filed it is important that if you wish to speak with an attorney that you contact us quickly. Our office will work diligently to schedule a time to meet with you as promptly as possible. And, if you do retain our office to represent you, we will then take the necessary steps to attempt to get your benefits reinstated.
I Lost At My Conference, What Now?
If you have had an Administrative Conference, whether it be over wage loss, medical, or rehabilitation benefits, typically there is a short window in which you can appeal that decision for a formal evidentiary hearing. The deadlines to appeal a decision can range from 30-60 days depending upon the type of conference. While some Administrative Conferences can be handled adequately by the injured worker, it is important to consult with an attorney if you intend on appeal a decision or if the insurance company appeals a decision.
Following an Administrative Conference, whether it is appealed by the injured worker or not, the insurance company will most likely want to perform some type of discovery. This can include requests for authorizations, requests for medical records, depositions, independent medical evaluations, etc. The employer and insurer will attempt to build a case against you in an effort to stop paying benefits. It is important that if you have not already to discuss the matter with an attorney to go over your options and the best way to handle your case.
Under Minnesota worker’s compensation law, attorneys are retained on a contingent basis. What this means that if the attorney is not successful in getting benefits on your behalf, there are no fees. If an attorney is successful in obtaining wage loss benefits on your behalf, then contingent fees will be withheld in the amount of 20%. If the dispute involves medical or rehabilitation and the attorney is successful in getting benefits for you, then the attorney would be able to recover attorney fees from the insurance company and not from your benefits directly. There would be no fees unless the attorney recovered benefits on your behalf. It is important that you discuss the matter with an attorney so as to protect your rights under the Minnesota Workers’ Compensation Act
Benefits Stopped Due To Maximum Medical Improvement
The Legislature created MMI to serve two essential functions. So, what is Maximum Medical Improvement or MMI? MMI is defined as “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.” Stated otherwise, MMI essentially means an injured worker is as good as they are going to get. An analogous concept is that of a healing plateau.
MMI serves two basic purposes:
- First, it constitutes a defense to payment of additional temporary total disability benefits (TTD).
- Second, it serves as a place marker, so that where appropriate, a permanent partial disability (PPD) rating can be assigned.
In order for MMI to be used as a defense to payment of further TTD, it is not enough that the injured worker has attained MMI; rather, the injured worker must also be advised about reaching MMI. This is usually accomplished by the insurer mailing a medical report to the injured worker – indicating MMI has been reached. In legal terms, this is known as service of MMI. Service can be accomplished by mail, fax, email or in person. The latter could arise if an injured worker’s physician provided a report of workability to the injured worker indicating MMI at an office visit.
As a general rule, 90 days after the injured worker receives notice of MMI, no additional TTD is payable. Exceptions can occur if the injured worker later becomes medically unable to continue to working or participates in an approved retraining plan. Those, however, are fairly limited circumstances.
Attainment of MMI does not act as a defense to payment of temporary partial disability benefits (TPD) nor permanent total disability benefits (PTD). Rather; it only constitutes a defense to payment of additional TTD. Moreover, although it appears counterintuitive, MMI does not constitute a defense to claims for further medical treatment.
Under Minnesota worker’s compensation law, attorneys are retained on a contingent basis. This means that if the workers’ compensation lawyer is not successful in getting benefits on your behalf, there are no fees. If an attorney is successful in obtaining wage loss benefits on your behalf, then contingent fees will be withheld in the amount of 20%. If the dispute involves medical expenses or rehabilitation and the workers’ compensation lawyer is successful in getting benefits for you, then the lawyer would be able to recover attorney fees from the insurance company and not from your benefits directly. There would be no fees unless the attorney recovered benefits on your behalf. It is important that you discuss the matter with an attorney so as to protect your rights under the Minnesota Workers’ Compensation Act
Attainment of MMI gets decided by a compensation judge – if disputed. The judge decides MMI based upon the medical opinions, the medical records, and the employee’s testimony. The opinion of the treating physician does not necessarily govern. Sometimes, insurers will hire independent medical examiners to render opinions on MMI.