HF 2894

as introduced - 87th Legislature (2011 - 2012) Posted on 03/15/2012 11:44am

A bill for an act
relating to workers' compensation; modifying payment provisions; amending
Minnesota Statutes 2010, sections 176.101, subdivision 4; 353.656, subdivision
2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 176.101, subdivision 4, is amended to read:

Subd. 4.

Permanent total disability.

new text begin (a) new text end For permanent total disability, as defined
in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of
the injury, subject to a maximum weekly compensation equal to the maximum weekly
compensation for a temporary total disability and a minimum weekly compensation
equal to 65 percent of the statewide average weekly wage. This compensation shall be
paid during the permanent total disability of the injured employee but after a total of
$25,000 of weekly compensation has been paid, the amount of the weekly compensation
benefits being paid by the employer shall be reduced by the amount of any disability
benefits being paid by any government disability benefit program if the disability benefits
are occasioned by the same injury or injuries which give rise to payments under this
subdivision. This reduction shall also apply to any old age and survivor insurance benefits.
Payments shall be made at the intervals when the wage was payable, as nearly as may
be. In case an employee who is permanently and totally disabled becomes an inmate of
a public institution, no compensation shall be payable during the period of confinement
in the institution, unless there is wholly dependent on the employee for support some
person named in section 176.111, subdivision 1, 2 or 3, in which case the compensation
provided for in section 176.111, during the period of confinement, shall be paid for the
benefit of the dependent person during dependency. The dependency of this person shall
be determined as though the employee were deceased. Permanent total disability shall
cease at age 67 because the employee is presumed retired from the labor market. This
presumption is rebuttable by the employee. The subjective statement the employee is not
retired is not sufficient in itself to rebut the presumptive evidence of retirement but may
be considered along with other evidence.

new text begin (b) Notwithstanding the reduction for government disability benefits under
paragraph (a), the permanent total disability benefit shall not be reduced by any total and
permanent duty disability received by a member of the Public Employees Retirement
Association police and fire plan under section 353.656, subdivision 1a.
new text end

Sec. 2.

Minnesota Statutes 2010, section 353.656, subdivision 2, is amended to read:

Subd. 2.

Benefits paid under workers' compensation law.

(a) If a member, as
described in subdivision 1, is injured under circumstances which entitle the member to
receive benefits under the workers' compensation law, the member shall receive the same
benefits as provided in subdivision 1, with disability benefits paid reimbursed and future
benefits reduced by all periodic or lump-sum amounts, other than those amounts excluded
under paragraph (b), paid to the member under the workers' compensation law, after
deduction of amount of attorney fees, authorized under applicable workers' compensation
laws, paid by a disabilitant if the total of the single life annuity actuarial equivalent
disability benefit and the workers' compensation benefit exceeds: (1) the salary the
disabled member received as of the date of the disability or (2) the salary currently payable
for the same employment position or an employment position substantially similar to the
one the person held as of the date of the disability, whichever is greater. The disability
benefit must be reduced to that amount which, when added to the workers' compensation
benefits, does not exceed the greater of the salaries described in clauses (1) and (2).

(b) Permanent partial disability payments provided for in section 176.101,
subdivision 2a, and retraining payments provided for in section 176.102, subdivision 11,
must not be offset from disability payments due under paragraph (a) if the amounts of
the permanent partial or retraining payments are reported to the executive director in a
manner specified by the executive director.

new text begin (c) The reduction in paragraph (a) does not apply to a member who receives a total
and permanent duty disability under subdivision 1a.
new text end

Sec. 3. new text begin PROVISIONS NOT SEVERABLE.
new text end

new text begin The provisions of this act are not severable.
new text end