Where issues exist about an employee's entitlement to rehabilitation services, the appropriateness of a proposed plan, or any other dispute about rehabilitation, the employer, employee, or insurer may request assistance to resolve the disputed issues by filing a rehabilitation request on a form prescribed by the commissioner. The form with all its attachments must be served on all parties and be filed with the commissioner. The form must contain the following:
identifying information on the employee, employer, insurer, and assigned qualified rehabilitation consultant;
a statement of the rehabilitation issues to be resolved;
a statement of what the requester wants and supporting evidence and arguments;
a list showing that all parties were served and the date they were served;
the requester's name and signature; and
instructions for completion of the form.
The assigned qualified rehabilitation consultant may file with the commissioner and serve on all parties a rehabilitation request to resolve issues involving elements of a rehabilitation plan or fees for rehabilitation services.
Except where the insurer has denied ongoing liability for the injury in writing, the assigned qualified rehabilitation consultant shall file with the commissioner and serve on all parties a rehabilitation request for assistance to determine the direction of an approved rehabilitation plan if no party has done so and the qualified rehabilitation consultant is unable to plan or implement rehabilitation services.
If the employee or the qualified rehabilitation consultant has filed a rehabilitation request, the insurer must file a rehabilitation response form with the division and serve copies on the other parties no later than ten days after service of the rehabilitation request form. When an administrative conference is not scheduled, the insurer's failure to file a timely rehabilitation response may result in a determination based solely on the written submissions of the requester.
If the commissioner refers a dispute to a compensation judge or, based on the written submission of the parties, determines the dispute or schedules an administrative conference to determine the dispute, all parties shall be served with written notice of that action.
The commissioner may require the parties to meet and confer informally prior to a scheduled administrative conference if the facts and issues involved show that a meeting would facilitate resolution of the dispute.
When the commissioner or compensation judge makes a determination on the issues in dispute, copies shall be served on the parties. No determination will be made by the commissioner under Minnesota Statutes, section 176.106, with respect to rehabilitation entitlement if primary liability has been denied.
If the commissioner independently determines that issues exist regarding an employee's entitlement to rehabilitation or the appropriateness of a proposed plan, or otherwise initiates proceedings before a compensation judge or through an administrative conference, written notice of the issues in dispute shall be served upon the parties.
A party that disagrees with a decision of the commissioner under Minnesota Statutes, section 176.106, may request a formal hearing pursuant to part 5220.1010. The request for hearing will be referred to the Office of Administrative Hearings pursuant to Minnesota Statutes, section 176.106, subdivision 7.
16 SR 2520; 29 SR 1480
June 11, 2008
Official Publication of the State of Minnesota
Revisor of Statutes