Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Basis.
A. When a claim has not been denied but
payment is not made as provided by Minnesota Statutes, section
176.221,
the failure is deemed inexcusable delay under Minnesota Statutes, section
176.225,
subdivision 5.
B. Where other
payment of temporary total, temporary partial, permanent total, or permanent
partial disability benefits is not made within three business days of the date
provided by statute or rule on more than three occasions in any 12-month
period, the failure is deemed inexcusable.
Subp. 2.
Amount.
The amount of the increase in payment under Minnesota
Statutes, section
176.225,
subdivision 5, for a delay under subpart
1,
item A, is calculated as 25 percent of the payment found to be delayed.
The amount of the increase in payment assessed under subpart
1,
item B, will be calculated at 25 percent of the payment found to be
delayed.
Subp. 3.
Payable to.
The amount of any penalty assessed under this part is payable
to the employee.
Subp. 4.
Assessment.
A. The
commissioner's designee must complete a delayed payment worksheet containing
information identifying the claim and setting forth the time period of late
payment.
B. The calculation of a
penalty under this part for late payment of temporary total, temporary partial,
or permanent total disability benefits must be as follows:
(1) The due date specified in part
5220.2540 or
5220.2550 is determined.
(2) The number of days after the due date
until payment is made constitute the days late.
(3) The compensation due for the number of
days late is determined.
(4) The
penalty is calculated at 25 percent of the sum paid in an untimely
manner.
C. The
calculation of a penalty for late payment of permanent partial disability
benefits, including economic recovery compensation and impairment compensation
under subpart
1,
item B, must be as follows:
(1) the due date
specified in part
5220.2540 or
5220.2550 is determined;
(2) if payment of the sum due is not made
within three business days of the due date on more than three occasions in any
12-month period, a penalty of 25 percent of the sum paid in an untimely manner
is assessed.
Statutory Authority: MS s
175.17;
175.171;
176.129;
176.138;
176.221;
176.225;
176.231;
176.238;
176.83;
176.84
