Understanding Permanent Partial Disability in Minnesota

Permanent partial disability (PPD) is a key concept in Minnesota’s workers’ compensation system. Permanent partial disability in Minnesota is designed to provide a way to deal with injuries that have left a victim with a lasting impairment but don’t completely prevent them from functioning, and PPD issues are governed by Minnesota Administrative Rules. Let’s take a closer look at how the state defines and measures these impairments to the brain and spinal cord.

Understanding Permanent Partial Disability in Minnesota

PPD is distinct from temporary disability because it assumes the condition has stabilized. A temporary disability is one that is expected to improve over time and with healing, but with a PPD, no further improvement is expected. In PPD in Minnesota, PPD can come into play when the central nervous system has been affected in some way permanently. The central nervous system includes the brain, the spinal cord, and all associated nerves. Thus, this rule covers not just things like brain damage or major paralysis but also more minor paralysis, such as the loss of the use of a hand, compromised organ function due to nerve damage, or impaired sight or hearing, for example.

The rules assign a percentage rating to the various impairments that can afflict a person in an attempt to provide a quantifiable figure for a disability. Using this percentage, a workers’ compensation insurer can then decide the financial compensation that is appropriate for an injured worker facing a partial disability but one that is going to likely be permanent. In general, the focus is on injuries that affect movement, sensation, or cognition, as these will usually have a profound influence on a person’s quality of life, both at work and in general.

How It Works

The first step is to get a medical evaluation, which will establish the full extent of the impairment. Doctors assess the injury based on objective findings like neurological deficits or loss of function and then compare these to the criteria. It’s important that a doctor establish that the injury is permanent. In other words, the patient must have reached what’s known in medical terms as “maximum medical improvement” (MMI), which means that no further recovery can be expected. This is important for PPD because the benefits here differ from temporary disability benefits and are meant to be long-term and ongoing.

An Example

If a worker has persistent vertigo after suffering a head injury at work, their doctor will need to first assess how this limits their activities. It might, for example, keep them from driving or make it impossible for them to work at heights. Assuming the doctor is convinced this situation will not improve, the next step is to assign a percentage based on the impact it has on the worker’s life. If they can basically live life without needing constant help and attention, but can no longer drive, they would be assigned 20% as the percentage of impact.

Similarly, for brain dysfunction, the doctor might use neurological exams or cognitive tests to gauge the severity of the issue. If a patient can still express themselves clearly orally with only occasional difficulties, they might be assigned 10%. If the patient cannot be understood orally anymore, but is still capable of engaging in written communication with no issues, they would be assigned 35%.

Once the disability percentage is determined, it’s then submitted to the workers’ compensation insurer, who calculates the monetary award the victim is owed. In Minnesota, PPD benefits are based on a statutory schedule that multiplies the percentage by a set dollar amount. This is adjusted periodically for inflation. What this means is that the percentage assigned does not relate to the workers’ lost income but is calculated according to a set standard.

When Things Aren’t Clear

This process is predictable, but that does not mean it is always fair. The insurer may feel that the rating behind the percentage is inappropriate and can ask for an appeal through the Office of Administrative Hearings. In this case, it’s always important to have a lawyer familiar with the workers’ compensation laws here in Minnesota help you fight against an insurance company that’s denying your claims or trying to minimize what’s happened to you.

The guidelines for getting through PPD are pretty strict and can be overwhelming to someone who has never worked with it before. Just trying to interpret the technical language of the rules, not to mention ensuring that your condition is fully and accurately represented, can be enormously challenging. An attorney who has been through all this before will know how to review your medical records or pass them to the right medical professional to do so.

Other Potential Challenges

The complexity of the rules surrounding workers’ compensation, and particularly PPD, create some serious hurdles for people who aren’t already familiar with the nuances of the law. One challenge you face is the requirement to have strong medical evidence to support your claim. This can be tricky. A subtle cognitive defect may be very clear to you, your family, and to anyone who has known you for a while yet difficult to detect on a simple test. You may need expert testimony from a medical professional to keep an insurer from undervaluing your impairment.

Difficulty also arises because of the specificity of these rules. The high degree of specificity does mean that you get consistency, but it can also feel very rigid if your experiences don’t neatly fit into the boxes of the categories provided.

Working With a Lawyer Familiar with PPD in Minnesota

Beyond dealing specifically with PPD, a lawyer can also bring broad experience in workers’ compensation claims generally to your side. The whole process is bureaucratic, with all that sometimes entails for the average person caught up within it. It’s very common for insurers to dispute disability percentages or question whether an injury is really permanent. An experienced attorney knows how to counter these objections, gather the right evidence and testimony, and negotiate effectively with insurers. The goal is always to avoid a drawn out appeal that will cost the victim extended time and money. If the hearing is required, though, a lawyer can present clear, evidence-based arguments that align with the rules of PPD; and that could be the difference between a fair settlement and a denied claim.

All of this is not only useful in getting the compensation you’re entitled to under Minnesota’s workers compensation rules but also provides peace of mind and takes a significant burden off of you when you’re already having to deal with limitations due to an injury. Having a lawyer levels the playing field for you against insurers who are reluctant to pay out and a government system that can be dense and difficult. When you’re facing a large insurance company, it’s easy to feel outmatched, and especially if your injury affects your ability to concentrate or communicate effectively. Your lawyer will ensure that your voice is heard and your outcome is maximized.

If you’ve been injured on the job and are facing disability, whether temporary or permanent, cognitive or otherwise, we can help. Reach out to us now at the Atkinson Gerber Law Office in Minneapolis or St. Paul, MN today to take action.