What Should I Do If I Receive a Notice of Intention to Discontinue Benefits on My Minnesota Work Comp Claim?

At some point in almost any work comp claim where you are paid wage loss benefits, you will receive a Notice of Intention to Discontinue benefits, commonly referred to as an NOID. An NOID is simply a form which the insurer is required to serve and file whenever they will be discontinuing wage loss benefits. The form provides you with notice that your benefits will be ending at a certain time and explains the reason why.

Some reasons why you might receive an NOID form

1. You have returned to work. If you have been off work and receiving wage loss benefits from work comp, you have been receiving Temporary Total Disability (TTD) benefits. These benefits are paid at the rate of 2/3 of your average weekly wage on the date of injury. (For more information on TTD benefits, see our blog post here)

The notice tells you that the insurance company will be discontinuing those benefits because you are back to work and no longer entitled to TTD benefits. If you are returning to work, with restrictions from your injury but earning less than your preinjury wage, you may be entitled to partial wage loss benefits (TPD) and the NOID form should reflect that you will be paid TPD benefits upon returning to work. It doesn’t matter whether you are going back to work for the same employer or whether you have found a new job since the injury.

2. You have exhausted your TTD benefits. For dates of injury between 10/1/95 and 9/30/08, you are limited to 104 weeks of TTD benefits. This means that even if you are still out of work because of the injury, you cannot receive more than 104 weeks of TTD and your benefits will end. For injuries on or after 10/1/08, the maximum number of TTD benefits was increased from 104 to 130 weeks.

3. Your weekly earnings have reached or exceeded your preinjury wage. If you have been working at a wage loss and receiving TPD benefits, those benefits will end once you get back to your preinjury wage, because you no longer have a wage loss.

4. You have reached Maximum Medical Improvement (MMI). If you are receiving TTD benefits, those benefits will end 90 days after you are provided with notice that you have reached MMI. An MMI opinion can come from one of your treating physicians or from a doctor who has examined you for the insurance company (this is called an Independent Medical Exam (IME), more information about an IME can be found here). The explanation for why your benefits are being discontinued must be included on the NOID form.

5. You no longer have work restrictions. If your treating physician, or the IME doctor, gives an opinion that you have no work restrictions as a result of the work injury, you are no longer eligible for wage loss benefits. Most often, this occurs following an IME where the insurance company doctor writes a report and gives the opinion that you have fully recovered from the work injury or that any restrictions you have are not related to the work injury. Sometimes, your own doctor may lift all restrictions without fully understanding how this might affect your claim. (For more information about choosing a physician for a work comp claim, click here).

What you can do if you receive an NOID

Your options after receiving an NOID are explained on the form and will depend upon the reasons for the discontinuance. If you disagree with the discontinuance of benefits or the reasons given, you can request a telephone conference with a work comp judge to argue your position. The time frame to dispute a discontinuance if you want an immediate conference is generally 12 days. The NOID form provides you with a phone number and address and explains how to request the conference.

If you have an attorney, you should obviously make sure that he or she has received a copy of the NOID form and will be requesting a conference on your behalf if you disagree with the discontinuance of your benefits. If you don’t have an attorney, this would be a very good time to contact one. At the discontinuance conference, the insurance company will be represented by either a claims adjuster or an attorney. The discontinuance of your benefits is a serious matter and you should have an experienced work comp attorney representing you at that conference.

If you win at the conference and the judge agrees that your benefits should not be discontinued, the insurance company may appeal but they will have to continue paying your benefits until a formal hearing is scheduled. However, if you lose at the conference, you may appeal but you will not receive any benefits while you wait for the formal hearing and a decision. Having an attorney represent you at the initial conference will generally give you a much better chance to win.

There are some other reasons why your benefits might be discontinued, but these are the most common situations that we typically see.

Contact Us If You Have Questions about Your Claim

If you have been injured on the job and have questions about the Minnesota work comp system, please don’t hesitate to give us a call. You can contact us anytime, with questions about your case or to arrange an absolutely free consultation. It won’t cost you anything and we will always give you our honest assessment about whether you need a lawyer to represent you. If you have questions or concerns about the cost of hiring an attorney, you can check out this previous post- How much does it cost to hire a workers’ compensation lawyer in Minnesota?

At Bradt Law Offices, we have been providing assistance to injured workers all across northern Minnesota and the Iron Range for more than 32 years.

As always, thank you for visiting our blog and please spread the word that we are a good source of work comp information for workers injured in northern Minnesota or anywhere on the Iron Range.

excellent NPR investigative series–injury to insult:America’s vanishing worker protections

Click on this link to read an excellent investigative series of articles which highlight a new scheme by corporate America to avoid participation in state regulated Workers’ Compensation programs which often result in disastrous consequences for men and women injured on the job.

Beware of a New Attack on Benefits for Injured Workers

It’s  bad enough that state legislatures, including ours right here in Minnesota, have chipped away at the rights and benefits of injured workers over the past 30 years. Now, some states are getting rid of workers’ compensation altogether and creating their own systems for compensating workers injured on the job. The argument made by business owners is, of course, that this is good for the injured working man or woman. Don’t believe it. If it’s being proposed by business you can bet that the motivation is strictly the bottom line – employers save money and the injured worker loses rights and benefits.

For more details about this scary prospect and how it is happening in other states, click on the link to read this excellent article : Inside Corporate America’s Campaign to Ditch Workers’ Comp.

As a work comp attorney representing injured workers for more than 30 years here in northern Minnesota, I find this to be a very scary development. If it is being pushed through in other states, you can be assured that it may eventually be tried here. Please feel free to share this article with anyone you feel might be interested.

Thank you for visiting our blog and please feel free to contact us at any time if you have questions about a work comp claim or would like to set up a free consultation to discuss your rights if you’ve been injured on the job in Minnesota.

What Is the Difference Between a Settlement Conference and Mediation in a Minnesota Work Comp Case?

Over the past several years we have seen the increasing use of mediation to settle work comp cases in Minnesota. If you have a work comp claim, you may wonder why a settlement conference was scheduled on your case but a mediation has then been proposed or scheduled. What’s the difference, and is one better than the other?

Settlement Conferences

Settlement conferences are automatically scheduled by the workers’ compensation Office of Administrative Hearings after a claim is filed.

In every work comp case where a Claim Petition is filed, a settlement conference is automatically scheduled for approximately 6 months later. Depending upon where you live, these conferences may be scheduled by telephone or may take place in person with a work comp settlement judge in St. Paul. A settlement conferences is an informal opportunity for the parties to attempt to settle any disputed issues and sometimes the entire claim.

Settlement conferences are scheduled to last one hour and a work comp judge presides over the conference to help the parties reach a settlement. It is not a trial and the judge does not have any authority to order the parties to agree to any particular terms, nor does the judge have authority to make any decisions about the disputed issues. If the claim does not settle, it will be put on the trial calendar for a hearing a few months later with a different judge.

Frequently, settlement conferences are either postponed or canceled altogether. A conference may be postponed because it is too early in the case to discuss settlement, possibly because of pending surgeries or ongoing medical care which needs to be completed. In other cases, the parties may agree that there is no possibility of settlement and ask that the case be put on the trial calendar for hearing. This may occur in cases where the insurance company has denied liability for the claim or where there is a dispute over a proposed surgery or medical procedure. In these types of cases, there may be no room for compromise and the disputed issues need to be decided by a judge.

If a case is settled at a conference, the defense attorney will prepare a Stipulation for Settlement, which sets forth the terms of the agreement. All necessary parties must sign the Stipulation and it is then submitted to a compensation judge for approval before the insurance company makes payment.

Mediation

A mediation is also a method to get the case settled but it is more formal and involved than a simple one hour settlement conference. Typically, the parties agree to mediate cases that are more complicated or have more value. The parties will choose a mutually agreeable mediator who is experienced in Minnesota workers’ compensation matters. The mediation may take place at the mediator’s office, at one of the attorneys’ office or at a neutral site depending upon the availability of conference rooms and where all the parties live or work.

Prior to the mediation, the employee or her attorney will submit a detailed case evaluation and settlement proposal to the insurance company. Both parties will also submit confidential background information to the mediator before the mediation so the mediator understands the issues, the claim values and the relative position of each party.

Once the mediation begins, the parties will usually be in separate conference rooms and the mediator will visit back and forth between the rooms with settlement offers and counter offers. The process may take part or all of the day until the parties either come to an agreement or determine that they cannot agree on a settlement amount or terms. Most mediations will probably be completed in 2-4 hours.

If no settlement is reached the case simply continues toward a hearing on the disputed issues and all discussions, offers or counter offers remain confidential and cannot be discussed or used at any later hearings. Essentially, there is no risk in pursuing a mediation and it is often a good way to find out how each party is valuing the case, even if a settlement is not reached. If nothing else, you will find out what the insurance company is willing to pay to settle your claim at that time. The value of any claim might increase or decrease after the mediation, depending upon medical, employment or other factors.

If a settlement is reached at the mediation, the process is the same as for any other work comp settlement. A Stipulation for Settlement is prepared, signed by the parties and submitted to a work comp judge for approval.

Do I Need an Attorney for a Mediation or Settlement Conference?

Technically, any employee may represent himself in a work comp claim at a settlement conference, mediation or even at a trial. However, keep in mind that the insurance company has experienced claims adjusters and attorneys looking out for their interests. Also, the insurance company’s interests are not the same as yours, so it is not reasonable to expect that they will voluntarily pay you a fair settlement if you are not represented by an experienced attorney.

In any type of work comp case, particularly where there are discussions about settlement or disputed issues, it is a good idea to consult with an experienced attorney to make sure you understand your rights and are being treated fairly by the insurance company.

If you have been injured on the job and have questions about the Minnesota work comp system, please don’t hesitate to give us a call. You can contact us anytime, with questions about your case or to arrange an absolutely free consultation. It won’t cost you anything and we will always give you our honest assessment about whether you need a lawyer to represent you. If you have questions or concerns about the cost of hiring an attorney, you can check out this previous post- How much does it cost to hire a workers’ compensation lawyer in Minnesota?

At Bradt Law Offices, we have been providing assistance to injured workers all across northern Minnesota and the Iron Range for more than 30 years.

As always, thank you for visiting our blog and please spread the word that we are a good source of work comp information for workers injured in northern Minnesota or anywhere on the Iron Range.

Avoiding Problems in Your Minnesota Work Comp Case

In my experience, the majority of Minnesota work comp claims “fly under the radar”, meaning there are no lawyers involved, no major disputes, no conferences or trials with the work comp judges, no settlements, etc. Claims involving minor injuries with fast recoveries typically are opened and closed relatively quickly without any involvement in the legal system. The goal of the work comp system is to quickly and efficiently compensate an injured worker for his or her injuries, pay the medical bills and return the injured worker to work as soon as possible. When that happens, everyone wins and the system works.

Unfortunately, not all work injury claims are that simple. When a case becomes complicated or problems arise, that’s when our office typically receives a call from an injured worker with questions or concerns. Sometimes we can simply provide information or answer some basic questions about the work comp system. In other cases, we are hired to represent the injured worker in a disputed claim with the insurance company.

There are some basic things that you can do when you have been hurt at work to avoid problems or disputes with the insurance company. Please keep in mind that these are generalizations and certainly don’t apply to every case. Each and every work comp claim is different, depending upon the employer, the insurer, the injured worker, the average weekly wage, the nature and extent of the injuries and a host of other potential factors . However, a few simple pointers can help make the claim proceed more smoothly in many cases.

1. Report the Injury Promptly and Accurately.

One of the most important things you can do if you suffer a work injury is to report the injury promptly to your employer or a supervisor. There are time limits for giving notice and if you wait too long your claim may be lost forever. Most employers will have a form to fill out but it is most important that you simply notify the employer of the work injury as soon as it happens. If you have an injury or health problem that was not caused by a specific incident but you believe it was caused by your work activities, you still need to give your employer notice that you believe you have a work related injury. (For more information, please see our previous post regarding repetitive injuries)

Accuracy in reporting the injury is also important. If you suffer an injury and are having symptoms in your neck, back, elbow, knee and wrist, make sure to list each and every body part on any notice of injury or injury report. If you develop symptoms in a new body part after the injury, promptly give notice to your employer that you are also claiming an injury to the new body part.

2. Promptly Seek Medical Attention for a Work Injury or a Work Related Medical Condition.

If you are like most people, you probably don’t visit the doctor any more often than is absolutely necessary. However, it is important to your claim that your injury or medical condition is documented early and accurately. If the claim is denied, you will need to prove your case and the best way to do so is to have medical records documenting that you reported the injury or condition to your doctor right away.

It’s also important that you make sure your doctor understands each and every injury or condition you are claiming and how they relate to your work injury or activities. The initial medical records are often crucial in disputed work comp claims and can make or break your case.

3. Keep Your Doctor Up-to-date on Your Symptoms and Work Activities.

If you continue to work with restrictions after the injury, make sure to let the doctor know if the job is aggravating your injury or if you are unable to perform your job duties. Your doctor can modify restrictions or the issue can be addressed with the employer and insurer early on in the process before it becomes a bigger problem.

4. Follow Your Doctor’s Advice.

If your treating doctor recommends physical therapy or other types of treatment, follow through with those recommendations. This is not only a good idea if you want to recover from the injury but it will also help keep your doctor supportive of you and your claim. At some point, a dispute may arise and you or your lawyer may need to ask the doctor for a medical report. The doctor is much more likely to be helpful if you have been compliant with his or her treatment recommendations.

5. Don’t Quit Your Job or Refuse a Job Offer Without Consulting a Lawyer.

If you become frustrated or angry with the employer or the work comp insurance company, you may decide to simply quit the job and walk away. This can have a significant impact on your entitlement to work comp benefits now and in the future. Before you do anything rash, contact an attorney to get some information about your rights as an injured worker. If you quit the job and then contact an attorney, it may be too late for the attorney to help you.

6. Be Aware of Surveillance.

In many cases, if the insurance company suspects that you are exaggerating your symptoms or being less than honest about your claim, they may hire an investigator to perform surveillance. This typically involves someone following you around and taking pictures or video of you performing daily activities at home or in your community. Video evidence which shows you performing activities outside of your doctor’s restrictions can be very damaging and may jeopardize your entire claim. If you have work restrictions, to be safe you should always assume that someone is watching you away from work and you should keep those restrictions in mind at all times.

Conclusion

These are just a few suggestions to keep in mind if you have been injured at work. Keep in mind that the work comp insurance company has experienced claim adjusters and attorneys looking out for their interests. They are not looking out for you, they are looking out for the insurance company’s bottom line. If you have any questions or concerns about a work injury claim, it’s always a good idea to consult with an experienced work comp attorney to learn about your rights. At Bradt Law Offices, we provide a free consultation on all Minnesota work comp claims. We have been helping your friends and neighbors with work comp claims throughout all of northern Minnesota for more than 30 years. Please don’t hesitate to call or contact us at any time with questions or if you need help.

Thank you for visiting our blog.

Bradt Law Offices Case Report: Consequential Knee Injury

Type of Case: Workers’ Compensation

Legal Issue or Dispute: Consequential knee injury following a back injury

Facts: Our client suffered a low back injury in the course and scope of his employment. The injury was accepted by the work comp insurer and our client eventually had two back surgeries. Although the surgeries were successful, he was left with some ongoing weakness, instability and radiating symptoms down one of his legs. The instability caused him to occasionally stumble or lose his balance, which resulted in a twisting injury to his knee. After treating for several months, our client ultimately required knee surgery.

We submitted the knee injury medical bills to work comp, because the knee injury was a consequence of the original back injury. Predictably, the insurance company denied responsibility for the knee problems and we filed a formal claim. We obtained a report from the knee surgeon explaining how the knee injury was related to the back injury and the case was set for trial.

Result: Before trial, the insurance company agreed to accept the knee injury claim and paid all of the medical bills related to the knee injury and surgery. In addition, our client was reimbursed for his medical mileage and expenses, out-of-pocket medical bills related to the knee injury and the insurance company agreed to accept responsibility for any future medical care for his knee. Finally, the insurance company paid our attorney fees and expenses.

If you have questions about any aspect of your northern Minnesota work comp claim, please feel free to contact me at Bradt Law Offices at any time. I am happy to speak with you about your claim or make an appointment for an absolutely free consultation in our Grand Rapids office or wherever it would be convenient for you. We have been representing your friends and neighbors on their work comp claims all across northeastern Minnesota and the Iron Range for nearly 30 years. If you’ve been injured, we can help.

Thank you for visiting our blog.