Legal Question in Workers Comp in Minnesota

No answers I can live with...Anywhere!!

I am a RN, age 35, injured on the job 2-9-03 lifting a patient. I had a herniated disc with nerve impingement, discectomy/laminectomy at L5-S1. Surgery worsened my condition, now I'm in a considerable amount of pain about 85% of the time. I can't sit very long, I can't stand very long, and I can't walk for too long. My pelvis has been unstable, I have SI joint instability on both sides. Surgeons tell me there is nothing they can do to make my condition better. They have considered a fusion and disc replacement surgery, but both are not options for various reasons, mainly my age and need for subsequent ongoing surgeries. I tried to return to work in a light duty position and lasted 3 weeks before I wound up back in the hospital. I have had ongoing physical therapy for about 2 years now. Not that it improves my condition, but it helps me ''maintain'' my current level of functioning. I am told by my attorney that since the injury to my disc is at one level, that that equals a percentage of disability.(not much of one) Yet, the injury itself has caused a whole mess of things...chronic pain in my back, bilateral leg pain. Can I be expected to work in this kind of pain?? I'm told I cannot be totally disabled due to my age and education.


Asked on 10/29/05, 10:11 am

1 Answer from Attorneys
J. Chris Carpenter Harvey and Carpenter

Re: No answers I can live with...Anywhere!!

Is is true that under the law you have to have a certain permanency rating to get permanent total disability. However, this law may be unconstitutional, meaning it may not be good law. Also, you can count other disabilities toward that number, usually 17%. Perhaps you have permanent depression due to this, which would be believable. Also, perhaps you have other conditions such as diabetes. These other conditions, whether related or not, can be counted to get you to the 17%.

Good luck.

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Answered on 10/30/05, 9:42 am


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