Minnesota Legislature
SF 1226
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to workers' compensation; modifying payment and retraining provisions;
amending Minnesota Statutes 2006, sections 176.101, subdivisions 1, 2, 4;
176.102, subdivision 11; 176.645.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 176.101, subdivision 1, is amended to read:
Subdivision 1.
Temporary total disability.
(a) For injury producing temporary total
disability, the compensation is 66-2/3 percent of the weekly wage at the time of injury.
(b)(1) deleted text begin Commencing on October 1, 2000,deleted text end The maximum weekly compensation
payable is deleted text begin $750 per weekdeleted text end new text begin equal to the statewide average weekly wage defined in section
176.011, subdivision 20new text end .
(2) The Workers' Compensation Advisory Council may consider adjustment
increases and make recommendations to the legislature.
(c) The minimum weekly compensation payable is $130 per week or the injured
employee's actual weekly wage, whichever is less.
(d) Temporary total compensation shall be paid during the period of disability
subject to the cessation and recommencement conditions in paragraphs (e) to (l).
(e) Temporary total disability compensation shall cease when the employee returns
to work. Except as otherwise provided in section 176.102, subdivision 11, temporary
total disability compensation may only be recommenced following cessation under this
paragraph, paragraph (h), or paragraph (j) deleted text begin prior to payment of 104 weeks of temporary
total disability compensationdeleted text end new text begin ,new text end and only as follows:
(1) if temporary total disability compensation ceased because the employee returned
to work, it may be recommenced if the employee is laid off or terminated for reasons other
than misconduct if the layoff or termination occurs prior to 90 days after the employee
has reached maximum medical improvement. Recommenced temporary total disability
compensation under this clause ceases when any of the cessation events in paragraphs
(e) to (l) occurs; or
(2) if temporary total disability compensation ceased because the employee returned
to work or ceased under paragraph (h) or (j), it may be recommenced if the employee is
medically unable to continue at a job due to the injury. Where the employee is medically
unable to continue working due to the injury, temporary total disability compensation
may continue until any of the cessation events in paragraphs (e) to (l) occurs following
recommencement. If an employee who has not yet received temporary total disability
compensation becomes medically unable to continue working due to the injury after
reaching maximum medical improvement, temporary total disability compensation shall
commence and shall continue until any of the events in paragraphs (e) to (l) occurs
following commencement. For purposes of commencement or recommencement under
this clause only, a new period of maximum medical improvement under paragraph
(j) begins when the employee becomes medically unable to continue working due to
the injury. Temporary total disability compensation may not be recommenced under
this clause and a new period of maximum medical improvement does not begin if the
employee is not actively employed when the employee becomes medically unable to
work. deleted text begin All periods of initial and recommenced temporary total disability compensation are
included in the 104-week limitation specified in paragraph (k).
deleted text end
(f) Temporary total disability compensation shall cease if the employee withdraws
from the labor market. Temporary total disability compensation may be recommenced
following cessation under this paragraph only if the employee reenters the labor market
prior to 90 days after the employee reached maximum medical improvement deleted text begin and prior to
payment of 104 weeks of temporary total disability compensationdeleted text end . Once recommenced,
temporary total disability ceases when any of the cessation events in paragraphs (e) to
(l) occurs.
(g) Temporary total disability compensation shall cease if the total disability ends
and the employee fails to diligently search for appropriate work within the employee's
physical restrictions. Temporary total disability compensation may be recommenced
following cessation under this paragraph only if the employee begins diligently searching
for appropriate work within the employee's physical restrictions prior to 90 days after
maximum medical improvement deleted text begin and prior to payment of 104 weeks of temporary total
disability compensationdeleted text end . Once recommenced, temporary total disability compensation
ceases when any of the cessation events in paragraphs (e) to (l) occurs.
(h) Temporary total disability compensation shall cease if the employee has been
released to work without any physical restrictions caused by the work injury.
(i) Temporary total disability compensation shall cease if the employee refuses an
offer of work that is consistent with a plan of rehabilitation filed with the commissioner
which meets the requirements of section 176.102, subdivision 4, or, if no plan has been
filed, the employee refuses an offer of gainful employment that the employee can do in the
employee's physical condition. Once temporary total disability compensation has ceased
under this paragraph, it may not be recommenced.
(j) Temporary total disability compensation shall cease 90 days after the employee
has reached maximum medical improvement, except as provided in section 176.102,
subdivision 11, paragraph (b). For purposes of this subdivision, the 90-day period after
maximum medical improvement commences on the earlier of: (1) the date that the
employee receives a written medical report indicating that the employee has reached
maximum medical improvement; or (2) the date that the employer or insurer serves the
report on the employee and the employee's attorney, if any. Once temporary total disability
compensation has ceased under this paragraph, it may not be recommenced except if the
employee returns to work and is subsequently medically unable to continue working
as provided in paragraph (e), clause (2).
(k) Temporary total disability compensation shall cease entirely when deleted text begin 104 weeks
of temporary total disability compensation have been paid, except as provided in section
176.102, subdivision 11, paragraph (b). Notwithstanding anything in this section to the
contrary, initial and recommenced temporary total disability compensation combined shall
not be paid for more than 104 weeks, regardless of the number of weeks that have elapsed
since the injury, except that if the employee is in a retraining plan approved under section
176.102, subdivision 11, the 104 week limitation shall not apply during the retraining, but
is subject to the limitation before the plan begins and after the plan endsdeleted text end new text begin 500 weeks of
any combination of temporary total disability, temporary partial disability, or retraining
compensation has been paidnew text end .
(l) Paragraphs (e) to (k) do not limit other grounds under law to suspend or
discontinue temporary total disability compensation provided under this chapter.
deleted text begin
(m) Once an employee has been paid 52 weeks of temporary total compensation,
the employer or insurer must notify the employee in writing of the 104-week limitation
on payment of temporary total compensation. A copy of this notice must also be filed
with the department.
deleted text end
Sec. 2.
Minnesota Statutes 2006, section 176.101, subdivision 2, is amended to read:
Subd. 2.
Temporary partial disability.
(a) In all cases of temporary partial
disability the compensation shall be 66-2/3 percent of the difference between the weekly
wage of the employee at the time of injury and the wage the employee is able to earn in
the employee's partially disabled condition. This compensation shall be paid during the
period of disability except as provided in this section, payment to be made at the intervals
when the wage was payable, as nearly as may be, and subject to the maximum rate for
temporary total compensation.
(b) Temporary partial compensation may be paid only while the employee is
employed, earning less than the employee's weekly wage at the time of the injury, and the
reduced wage the employee is able to earn in the employee's partially disabled condition is
due to the injury. deleted text begin Except as provided in section 176.102, subdivision 11, paragraphs (b)
and (c), temporary partial compensation may not be paid for more than 225 weeks, or after
450 weeks after the date of injury, whichever occurs first.deleted text end new text begin Temporary partial disability
compensation payments are subject to the 500-week limit allowed for any combination of
temporary total disability, temporary partial disability, or retraining compensation.
new text end
(c) Temporary partial compensation must be reduced to the extent that the wage the
employee is able to earn in the employee's partially disabled condition plus the temporary
partial disability payment otherwise payable under this subdivision exceeds 500 percent of
the statewide average weekly wage.
Sec. 3.
Minnesota Statutes 2006, section 176.101, subdivision 4, is amended to read:
Subd. 4.
Permanent total disability.
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 deleted text begin 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 benefitsdeleted text end .
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.
Sec. 4.
Minnesota Statutes 2006, section 176.102, subdivision 11, is amended to read:
Subd. 11.
Retraining; compensation.
(a) Retraining is deleted text begin limited to 156 weeksdeleted text end new text begin
subject to the 500-week limit allowed for any combination of temporary total disability,
temporary partial disability, or retraining compensationnew text end . An employee who has been
approved for retraining may petition the commissioner or compensation judge for
additional compensation not to exceed 25 percent of the compensation otherwise payable.
If the commissioner or compensation judge determines that this additional compensation
is warranted due to unusual or unique circumstances of the employee's retraining plan,
the commissioner may award additional compensation in an amount not to exceed the
employee's request. This additional compensation shall cease at any time the commissioner
or compensation judge determines the special circumstances are no longer present.
(b) If the employee is not employed during a retraining plan that has been
specifically approved under this section, temporary total compensation is payable for up
to 90 days after the end of the retraining plan; except that, payment during the 90-day
period is subject to cessation in accordance with section 176.101. If the employee is
employed during the retraining plan but earning less than at the time of injury, temporary
partial compensation is payable at the rate of 66-2/3 percent of the difference between
the employee's weekly wage at the time of injury and the weekly wage the employee is
able to earn in the employee's partially disabled condition, subject to the maximum rate
for temporary total compensation. deleted text begin Temporary partial compensation is not subject to the
225-week or 450-week limitations provided by section 176.101, subdivision 2, during the
retraining plan, but is subject to those limitations before and after the plan.
deleted text end
(c) Any request for retraining shall be filed with the commissioner before deleted text begin 156deleted text end new text begin 500new text end
weeks of any combination of temporary total or temporary partial compensation have
been paid. Retraining shall not be available after deleted text begin 156deleted text end new text begin 500new text end weeks of any combination of
temporary total or temporary partial compensation benefits have been paid unless the
request for the retraining has been filed with the commissioner deleted text begin prior to the time the 156
weeks of compensation have been paiddeleted text end .
(d) The employer or insurer must notify the employee in writing of the deleted text begin 156-weekdeleted text end new text begin
500-weeknew text end limitation for filing a request for retraining with the commissioner. This notice
must be given before 80 weeks of temporary total disability or temporary partial disability
compensation have been paid, regardless of the number of weeks that have elapsed since
the date of injury. If the notice is not given before the 80 weeks, the period of time within
which to file a request for retraining is extended by the number of days the notice is
latedeleted text begin , but in no event may a request be filed later than 225 weeks after any combination of
temporary total disability or temporary partial disability compensation have been paiddeleted text end . The
commissioner may assess a penalty of $25 per day that the notice is late, up to a maximum
penalty of $2,000, against an employer or insurer for failure to provide the notice. The
penalty is payable to the commissioner for deposit in the assigned risk safety account.
Sec. 5.
Minnesota Statutes 2006, section 176.645, is amended to read:
176.645 ADJUSTMENT OF BENEFITS.
Subdivision 1.
Amount.
For injuries occurring after October 1, 1975 for which
benefits are payable under section 176.101, subdivisions 1, 2 and 4, and section 176.111,
subdivision 5, the total benefits due the employee or any dependents shall be adjusted in
accordance with this section. On October 1, 1981, and thereafter on the anniversary of
the date of the employee's injury the total benefits due shall be adjusted by multiplying
the total benefits due prior to each adjustment by a fraction, the denominator of which
is the statewide average weekly wage for December 31, of the year two years previous
to the adjustment and the numerator of which is the statewide average weekly wage for
December 31, of the year previous to the adjustment. For injuries occurring after October
1, 1975, all adjustments provided for in this section shall be included in computing
any benefit due under this section. Any limitations of amounts due for daily or weekly
compensation under this chapter shall not apply to adjustments made under this section.
No adjustment increase made on or after October 1, 1977, but prior to October 1,
1992, under this section shall exceed six percent a year; in those instances where the
adjustment under the formula of this section would exceed this maximum, the increase
shall be deemed to be six percent. No adjustment increase made on or after October 1,
1992, under this section shall exceed four percent a year; in those instances where the
adjustment under the formula of this section would exceed this maximum, the increase
shall be deemed to be four percent. deleted text begin For injuries occurring on and after October 1, 1995,
no adjustment increase made on or after October 1, 1995, shall exceed two percent a
year; in those instances where the adjustment under the formula of this section would
exceed this maximum, the increase shall be deemed to be two percent.deleted text end The Workers'
Compensation Advisory Council may consider adjustment or other further increases and
make recommendations to the legislature.
Subd. 2.
Time of first adjustment.
For injuries occurring on or after October 1,
1981, the initial adjustment made pursuant to subdivision 1 is deferred until the first
anniversary of the date of the injury. For injuries occurring on or after October 1, 1992,
the initial adjustment under subdivision 1 is deferred until the second anniversary of the
date of the injury. deleted text begin The adjustment made at that time shall be that of the last year only. For
injuries occurring on or after October 1, 1995, the initial adjustment under subdivision 1
is deferred until the fourth anniversary of the date of injury. The adjustment at that time
shall be that of the last year only.
deleted text end