The Minnesota Department of Labor and Industry sponsored its 2nd Annual Workers’ Compensation Policy Summit June 14 through 16, 2010, at Grand View Lodge in Nisswa, Minn. The program featured various speakers and multiple breakout sessions concerning issues surrounding the Minnesota’s workers’ compensation system. The conference program can be found here.

Keynote speakers at the program included:

• Kevin Warren, Vice President of Legal Affairs and Chief Administrative Officer Minnesota Vikings, Eden Prairie, Minn;
• Jeffrey Jacobs, Mayor St. Louis Park, Minn;
• Doug Huseby, Chief Executive Officer Becker Furniture World, Becker Minn; and
• Matthew Monsein, M.D., Medical Director Courage Center’s Chronic Pain Rehabilitation Program, Golden Valley, Minn.

Unfortunately, I did not get an opportunity to attend the program this year. I understand that from several of the attendees that it was well received.  One of the main issues discussed at the Policy Summit was Commissioner Steve Sviggum’s most recent push to change various workers’ compensation benefits. As I posted earlier this month,  the Commissioner has proposed various amendments to vocational rehabilitation including:

• QRC maximum hourly rates will decrease by 15%, 25%, or 50%  for based on weeks after the first in person meeting with the injured worker (39/52/104 weeks)
• Mandatory Rehabilitation Conference between 70-74 weeks after first in person conference.
• Bonuses for “successful” rehabilitation.

Following the conference I have discovered that “revisions” have since been made to the proposed rehabilitation rules including:

• The reducition to QRC fees of 50% after 104 weeks or $10,500 has been withdrawn;
• The reduction in fees by 50% for medical management applies to all QRCs and not just who are currently licensed or registered health care providers;
• The $1,000 ”bonus” is not called a “rehabiliation expense for succesful rehabiliation” and now payable only to the employee.

The comment session for the proposed rules has been left open until July 16, 2010. A hearing could be held on the issues sometime in late August of 2010 at the earliest. DOLI will need provide their rationale at the time of the notice of hearing as to why they feel these changes are “necessary.”

In their present form these revisions will drastically effect an injured workers’ ability to receive rehabilitation services. It is easy for someone to say that QRCs should be paid less. Incidentally, it just as easy it is to say that politicians or business owners make too much money. However, QRCs, just like all small business owners, need to be paid enough to turn a reasonable profit to stay afloat. Otherwise, good QRCs may have to close their doors.   This, in turn, could result in substandard services which will ultimately effect an injured workers ability to find and hold suitable gainful employment.

Unfortunately, the rule changes would have the most effect on the injured workers who need the rehabilitation services the most. In particular, those with debilitating injuries and those potentially needing retraining. As we know, some traumatic injuries result in the need for retraining. However, a QRC, under the current rules changes, would be required to be paid less, despite the fact they may be required to do more for the injured worker. As result, you may even see QRCs turning down their clients because they just can’t afford to provide services.

If you feel like commenting on the proposals they can be addressed to Laura Alsides, rules coordinator -E-mail: dli.rules@state.mn.us – Phone: (651) 284-5006.