HF 1895

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to workers' compensation; modifying 
  1.3             rehabilitation program requirements; amending 
  1.4             Minnesota Statutes 1996, section 176.102, subdivision 
  1.5             4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 176.102, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [REHABILITATION PLAN; DEVELOPMENT.] (a) A 
  1.10  rehabilitation consultation must be provided by the employer to 
  1.11  an injured employee upon request of the employee, the employer, 
  1.12  or the commissioner.  When the commissioner has received notice 
  1.13  or information that an employee has sustained an injury that may 
  1.14  be compensable under this chapter, the commissioner must notify 
  1.15  the injured employee of the right to request a rehabilitation 
  1.16  consultation to assist in return to work.  The notice may be 
  1.17  included in other information the commissioner gives to the 
  1.18  employee under section 176.235, and must be highlighted in a way 
  1.19  to draw the employee's attention to it.  If a rehabilitation 
  1.20  consultation is requested, the employer shall provide a 
  1.21  qualified rehabilitation consultant.  If the injured employee 
  1.22  objects to the employer's selection, the employee may select a 
  1.23  qualified rehabilitation consultant of the employee's own 
  1.24  choosing within 60 days following the filing of a copy of the 
  1.25  employee's rehabilitation plan with the commissioner.  If the 
  2.1   consultation indicates that rehabilitation services are 
  2.2   appropriate under subdivision 1, the employer shall provide the 
  2.3   services.  If the consultation indicates that rehabilitation 
  2.4   services are not appropriate under subdivision 1, the employer 
  2.5   shall notify the employee of this determination within 14 days 
  2.6   after the consultation. 
  2.7      (b) In order to assist the commissioner in determining 
  2.8   whether or not to request rehabilitation consultation for an 
  2.9   injured employee, an employer shall notify the commissioner 
  2.10  whenever the employee's temporary total disability will likely 
  2.11  exceed 13 weeks.  The notification must be made within 90 days 
  2.12  from the date of the injury or when the likelihood of at least a 
  2.13  13-week disability can be determined, whichever is earlier, and 
  2.14  must include a current physician's report. 
  2.15     (c) The qualified rehabilitation consultant shall disclose 
  2.16  in writing at the first meeting or written communication with 
  2.17  the employee any ownership interest or affiliation between the 
  2.18  firm which employs the qualified rehabilitation consultant and 
  2.19  the employer, insurer, adjusting or servicing company, including 
  2.20  the nature and extent of the affiliation or interest.  
  2.21     The consultant shall also disclose to all parties any 
  2.22  affiliation, business referral or other arrangement between the 
  2.23  consultant or the firm employing the consultant and any other 
  2.24  party, attorney, or health care provider involved in the case. 
  2.25     (d) After the initial provision or selection of a qualified 
  2.26  rehabilitation consultant as provided under paragraph (a), the 
  2.27  employee may request a different qualified rehabilitation 
  2.28  consultant which shall be granted or denied by the commissioner 
  2.29  or compensation judge according to the best interests of the 
  2.30  parties. 
  2.31     (e) The employee and employer shall enter into a program if 
  2.32  one is prescribed in a rehabilitation plan within 30 days of the 
  2.33  rehabilitation consultation if the qualified rehabilitation 
  2.34  consultant determines that rehabilitation is appropriate.  If 
  2.35  the plan is not expected to restore at least 70 percent of the 
  2.36  employee's preinjury wage, then an assessment must be done to 
  3.1   determine:  
  3.2      (1) the minimum level of the training necessary to restore 
  3.3   70 percent of the employee's preinjury wage; and 
  3.4      (2) whether or not the employee is capable of successfully 
  3.5   completing such training. 
  3.6      A copy of the plan, including a target date for return to 
  3.7   work, shall be submitted to the commissioner within 15 days 
  3.8   after the plan has been developed.  
  3.9      (f) If the employer does not provide rehabilitation 
  3.10  consultation requested under paragraph (a), the commissioner or 
  3.11  compensation judge shall notify the employer that if the 
  3.12  employer fails to provide a qualified rehabilitation consultant 
  3.13  within 15 days to conduct a rehabilitation consultation, the 
  3.14  commissioner or compensation judge shall appoint a qualified 
  3.15  rehabilitation consultant to provide the consultation at the 
  3.16  expense of the employer unless the commissioner or compensation 
  3.17  judge determines the consultation is not required.  
  3.18     (g) In developing a rehabilitation plan consideration shall 
  3.19  be given to the employee's qualifications, including but not 
  3.20  limited to age, education, previous work history, interest, 
  3.21  transferable skills, and present and future labor market 
  3.22  conditions.  
  3.23     (h) The commissioner or compensation judge may waive 
  3.24  rehabilitation services under this section if the commissioner 
  3.25  or compensation judge is satisfied that the employee will return 
  3.26  to work in the near future or that rehabilitation services will 
  3.27  not be useful in returning an employee to work.