Navigating Permanent Total Disability Benefits
When an injury on the job is severe, it can leave workers unable to return to their profession, sometimes for the rest of their lives. Workers’ compensation benefits become a lifeline in these cases, providing financial support for ongoing medical care and basic living expenses. However, even lifelong benefits can be jeopardized by retirement age presumptions. Understanding your rights under Minnesota workers’ compensation law is essential to ensuring that you continue to receive the support you need throughout your life.
Workers’ Compensation Court of Appeals
In the recent case of Simonson v. Douglas County (August 2024), the Workers’ Compensation Court of Appeals reversed a decision denying Ms. Simonson ongoing permanent total disability (PTD) benefits. Simonson, who was permanently disabled since 1996, faced financial hardship after the employer discontinued her PTD benefits when she turned 67, invoking the retirement presumption under Minnesota law. The court found that Simonson successfully rebutted this presumption due to her significant financial need.
What This Means for Injured Workers
This case underscores the complexities surrounding the retirement presumption in Minnesota’s workers’ compensation law. Under Minn. Stat. § 176.101, subd. 4, PTD benefits generally cease when a worker turns 67, assuming retirement. However, injured workers who have injuries before October 1, 2018, can challenge this presumption by demonstrating financial need or other circumstances that show they are not retired from the labor market.
If you’re approaching retirement age and are receiving PTD benefits, it’s crucial to understand that you may be able to continue receiving these benefits if you can prove ongoing financial hardship or other compelling factors. Consulting with an experienced workers’ compensation attorney can help you navigate these legal complexities and secure the benefits you deserve.
For workers navigating similar situations, the Simonson case serves as a reminder that your financial circumstances and intent regarding retirement play a critical role in determining whether you can continue to receive workers’ compensation benefits beyond age 67. Don’t hesitate to seek legal advice to protect your rights.
