You were injured at work, but for some reason the workers’ compensation insurer has denied your claim. At this time, you are now faced with a question that many injured workers face. What do I do now? A majority of these injured worker’s retain an attorney to assist them in fighting for their entitlement to work comp benefits. From that point on, the litigation portion of the Minnesota workers’ compensation system begins. The following is a brief summary of the litigation process for Minnesota workers’ compensation cases.
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.
The document arrives in the mail at the injured worker’s home who has been receiving wage loss benefits for the last month. He opens his mail hoping to receive his weekly wage loss check when suddenly he discovers his benefits are being discontinued. This can be devastating for an injured worker and his family especially if the worker is not even sure why the benefits are being discontinued.
In Minnesota, a work comp insurer may not discontinue payment of benefits until the employee is provided with a notice in writing of its intention to do so. The notice must “set forth a statement of facts clearly indicating the reason for the action.” Copies of medical reports relied on by the employer must be attached to the notice. The NOID shall be sufficiently specific to convey clearly, without further inquiry, the basis upon which the party issuing the notice or statement is acting.” It must contain the “legal reason or reasons for the proposed discontinuance or reduction, stated in language which may be easily read and understood by a person of average intelligence and education, and in sufficient detail to inform the employee of the factual basis for the discontinuance or reduction,” along with copies of relevant medical reports.
You just sustained a work-related injury. A day or two later the claims representative assigned to your file by the insurance company contacts you and wants to take a recorded statement. Do you have to provide one? The answer is no. There is no requirement under Minnesota law that an injured worker provide a recorded statement to an insurance company. In fact, depending upon how soon the statement is taken, it may not even be admissible in a court of law. Caution is thus urged in providing a recorded statement.
