2006 Minnesota Statutes

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. 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. 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. 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.
History: 1975 c 359 s 20; 1977 c 342 s 23; 1981 c 346 s 137; 1992 c 510 art 1 s 12,13;
1995 c 231 art 1 s 28