Current through Register Vol. 49, No. 39, March 24, 2025
Subpart
1.
Generally.
When an insurer proposes or intends to reduce, suspend, or
discontinue an employee's benefits, it shall file one of the following
documents described in this part. A form need not be filed when an insurer
increases or decreases an employee's periodic temporary partial benefit due to
changes in the employee's earnings while employed, provided that a payment
continues to be made based on the employee's actual earnings.
Subp. 2.
Petition.
The filing of a petition to discontinue compensation with the
division under part 1415.1000 and Minnesota Statutes, section
176.238,
subdivision 5, commences a formal action to reduce, suspend, or discontinue
compensation. A petition is required to reduce, suspend, or discontinue
permanent total benefits if a judicial or administrative order finding
permanent total status was previously issued. The division shall refer the
matter to the office under Minnesota Statutes, section
176.238.
Subp. 3.
Notice of benefit
payment.
A. The employer or insurer may
make a lump sum or final payment of the benefit indicated by the filing of a
notice of benefit payment with the division and service of the notice on the
other parties at the time that the payment occurs when the payment represents:
(1) a lump sum payment of full permanent
partial disability compensation;
(2) a final periodic payment of permanent
partial disability compensation, impairment compensation, or economic recovery
compensation;
(3) a final payment
under an award, order, or stipulation;
(4) for injuries occurring before August 1,
1975, where the employee is not permanently totally disabled, a final payment
of temporary total disability or for injuries occurring before May 28, 1977, a
final payment of temporary partial disability based on a statutory maximum
number of weekly payments; or
(5) a
final payment of monitoring period compensation.
B. A notice of benefit payment must be fully
completed and on the form prescribed by the commissioner, containing
substantially the relevant information described in part 5220.2550, subpart
2.
Subp. 4.
Notice
of intention to discontinue benefits.
A. To discontinue temporary total, temporary
partial, or permanent total benefits in situations not specified in subpart 3,
the employer or insurer must serve upon the employee and file with the division
a notice of intention to discontinue benefits or a petition under subpart 2.
The insurer may serve and file a notice of intention to discontinue permanent
total benefits under this subpart only where no judicial or administrative
decision finding permanent total status was previously issued. The notice of
intention to discontinue benefits must be accompanied by a form prescribed by
the commissioner with which to request an administrative conference on the
proposed discontinuance. The form must contain the employer's name, the date of
the injury or disease, and the name, Social Security number or workers'
compensation identification number assigned by the department, and address of
the employee and a space for the employee to indicate the reason the employee
objects to the proposed discontinuance.
B. A notice of intention to discontinue
benefits must be fully completed and on the form prescribed by the
commissioner, containing substantially the following:
(1) information identifying the employee,
employer, insurer, and any adjusting company;
(2) the date of the injury or
disease;
(3) claim numbers or
codes;
(4) the type of benefits
being reduced or discontinued;
(5)
the legal reason or reasons for the proposed discontinuance or reduction,
stated in language which may easily be read and understood by a person of
average intelligence and education, and in sufficient detail to inform the
employee of the factual basis for the discontinuance or reduction;
(6) the effective date of the
discontinuance;
(7) information
regarding benefits previously paid;
(8) information regarding attorney
fees;
(9) the date the notice was
served on the employee and the employee's attorney;
(10) verification and information identifying
the person making the proposal to discontinue benefits;
(11) instructions to the employee, including
who to contact for more information and how to request a conference or
hearing;
(12) copies of relevant
medical reports; and
(13) copies of
any other relevant documents.
Supporting documents must be attached to all copies of the
discontinuance notice when served.
C. The liability of the insurer to make
compensation payments continues at least until the notice of intention to
discontinue benefits is received by the division and served on the employee and
the employee's attorney, except that benefits may be discontinued on the date
the employee returned to work and temporary partial benefits may be
discontinued as of the date the employee ceased employment. Continuation of
benefits following service and filing of a notice of intention to discontinue
benefits where the employee has requested an administrative conference is set
out in part 1415.3900, subpart 3.
Subp. 5. [Repealed, 18 SR 2546]
Subp. 6.
Penalties.
Where compensation is discontinued, reduced, or suspended in
violation of this part, a penalty may be assessed under parts 5220.2720,
5220.2760, and 5220.2790.
Statutory Authority: MS s
14.388;
175.17;
175.171;
176.129;
176.138;
176.221;
176.225;
176.231;
176.238;
176.83;
176.84
