Company Ordered to Pay Permanent Disability When Retraining Benefits Denied

Litigation Type - Work Related Injuries

Client Injury - Back Injury

In a ruling that could significantly impact laid off workers injured on the job, a workers' compensation judge ordered LTV Steel Mining Company and its insurer to pay a Biwabik resident permanent and total disability benefits when the company earlier refused to pay for retraining.

"My client was injured while working at LTV," said Michael F. Scully, a workers' compensation attorney. "Since then, LTV closed it doors. Given his injuries and the nature of the northern Minnesota economy, there is no suitable work available to my client without retraining. Therefore, we felt the company must pay disability even though my client missed the statutory application deadline for retraining benefits."

Our client operated an overhead crane for the now defunct LTV Steel Mining in Hoyt Lakes, Minnesota, when he severely injured his back. Upon returning to work after two surgeries, he was provided with light duty work. Two years later, LTV closed its doors permanently. Our client soon discovered that he would need retraining to get a job that paid wages and benefits comparable to his position with LTV. When he contacted LTV for help, he was turned down because he had not applied for retraining benefits within a 104-week time limit. "It's unfair for LTV to claim our client doesn't deserve retraining because of a statute that set an artificial deadline he did not meet," Scully said. "The only reason he didn't apply for retraining benefits was because LTV provided him with substantial light duty work that he could physically tolerate after his rehabilitation.


Learn more about our workers' compensation practice

Michael F. Scully

“My goal is to always be a compassionate and hard-working legal advocate for injured people.”


Phone: 612-333-9595

Verdicts and Settlements

Start a Case
Evaluation Today

About Us

Next step

Tell us about your case...

Get Your Free Case Review

Client Reviews

out of 10 reviews
Judy Rother

Mike Scully represented me in a Work comp claim. He went above and beyond to help me. I always felt and knew Mike was always in my corner and had my back.

Thank you again so much Mike for what you did!!!!!!!

Read more
Michael Iwanok

Susan Holden is "Top shelf".  I truly felt I had the smartest person representing me in the courtroom, the confidence I had in her shined when needed. Thank you for taking care of me and Keri.

Read more
Jesse Bukal

In need of a personal injury attorney? Well you're if you're reading this you're in the right place. You'd be hard pressed to find more competent attorneys than the ones here at SiebenCarey.

They took my case to trial and an amazing job presenting the facts and fighting for my best interests! Three years ago I was unsure of what my future would bring; now that it's over I can rest a bit easier. With SiebenCarey as my counsel, I believe I had the absolute BEST representation a person could've asked for. I knew that I wanted the absolute best representation when searching for an attorney to handle my case and I most definitely received it.

If you need a personal injury attorney, look no further. Can't recommend highly enough.

Read more
Jenna L. at Insider Pages
I have had nothing but great service with these guys. They are very knowledgable on a wide variety of subjects and topic. They will help you with any case you need!
Read more
Jazz Smith

SiebenCarey is a professional and dedicated law organization that help accident victim.

Read more
St. Paul Local 12
Thanks for everything, your experience paid off BIG!!!
Read more
Daniel Ball
Really good professionals, they solved my issues in no time using the most impressive and advanced approach. Really good, highly recommended
Read more
Carly R.

My boyfriend was hit by a car and while all the attorneys he talked to said he didn't have much chance of a case, SiebenCarey took him on and gave him a fighting chance. He's still recovering, but SiebenCarey is making it a lot easier.

Read more
Eric Petoletti
Even though I was states away and could only talk on the phone, they listened and did everything that they could to win my case. I felt like I was a part of the family.
Read more
Morgan Petoletti
My husband had an amazing experience with this firm. They listened and took the time to understand our case.
Read more

Award Winning Know Your Rights Attorneys

Certified Civil Trial Law Specialists

8 Certified Civil Trial Law Specialists, Minnesota Bar Association
3 Board Certified Trial Advocates, National Board of Trial Advocacy.

2019 Super Lawyers

Also awarded in:
2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008

2020 Best Lawyers in America©

Also awarded in:
2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008.

2020 U.S. News Best Law Firms

Also awarded in:
2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010

Attorneys of the Year

5 of our attorneys have been recognized as Attorneys of the Year

More award details and recognized attorneys