What Can and Can’t I Do While on Work Comp Light Duty Restrictions?

Not all employers have modified positions for employees injured on the job in Minnesota but some do provide a temporary alternative work option while workers have restrictions. This is referred to as “light duty”. While working light duty some injured workers may still receive temporary partial disability benefits (TPD). Other workers may not be entitled to any temporary partial disability benefits at all because while he or she may be working a modified position the pay and the hours are still the same as the injured workers’ pre-injury wage.

Clients often call Meuser Law Office, P.A. and ask what activities they can and cannot do while on light duty restrictions. Whether it be at work or outside of work, the rule is whatever your doctor tells you. It’s very important in the Minnesota workers’ compensation system to obtain written restrictions from your doctor each time you treat with a physician. These restrictions help document what duties you can and cannot do. If your employer tries to encourage you to work outside of your restrictions, you are then able to point to the written restrictions.

You may have a Qualified Rehabilitation Consultant or “QRC” you are working with in your work comp claim who can help to ensure that your light duty position is in fact within your restrictions. The QRC can perform a job site analysis to check that the job duties are within your restrictions. If you do not have a QRC you should contact an attorney right away to help get one appointed to your case. There are time limits in which you can choose your own, which can impact your Minnesota workers’ compensation claim.

Sometimes employers try to play games with light duty. They may create temporary positions that they know the injured worker will hate in an effort to get him or her to quit and turn down light duty work. This kind of action has severe negative consequences in the work comp system. Other times an employer will say they have light duty work and tell the employee to follow his or her restrictions but then give work outside the restrictions and blame the injured worker for not following the restrictions and later argue that he or she does not actually have restrictions if he or she can do all the job duties. Also, if you are a first responder accepting a light duty position can impact your PERA benefits as well as your workers' compensation benefits. It is extremely important you have an experienced attorney working on your behalf to ensure you receive all the benefits you are entitled.

Injured workers often ask what activities they can perform or take part in outside of work.  We typically receive questions such as:

o Can I mow the lawn?
o Can I shovel snow?
o Can I lift my groceries?
o Can I garden?
o Can I work on my car?

If your restrictions from your doctor say no lifting more than 10 pounds—then no lifting more than 10 pounds at or outside of work. If you could mow the lawn at work, then you can mow the lawn at home. If could you shovel snow at work, then you can shovel snow at home.

First of all, doing activities outside your restrictions at home could prolong your recovery and make your injury worse. Second, the insurance company may also hire a private investigator to conduct surveillance and video record you. If you are recorded doing activities outside of your restrictions that may be presented as evidence against you in a workers’ compensation hearing in front of a judge. Therefore, it’s important that you follow your restrictions both at work and at home.

Don’t wait to get an attorney involved if you have been injured on the job or in the line of duty. The Minnesota workers’ compensation claim process can be complex and you want to be sure you receive the full benefits you are entitled. Contact the experienced attorneys at Meuser Law Office, P.A. today for a free no-obligation consultation. We can answer any case specific questions about light duty jobs, make sure you have a QRC who has your best interest in mind, and assist you with any other questions you may have. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way. Call us today at 1-877-746-5680.

by Mary Beth
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PERA Police and Firefighter Duty Disability Age and Service Limitations

I recently met with a firefighter who just had celebrated her 55th birthday. Over the past few years, she has experienced increased difficulty performing her normal firefighting duties due to the worsening effects of several on-duty injuries she had sustained. Even though this firefighter’s injuries clearly met the PERA Police and Fire Plan Duty Disability requirements, she was over the age of 55 and had in excess of 20 years of PERA-covered service, and she will not be eligible for Duty Disability benefits.

PERA Police and Fire Plan Duty Disability benefits are tax-free disability benefits, payable at a base rate of 60% of a disabled firefighter or police officer’s average high-five salary for five years, or through age 55, whichever is longer. Police and Fire Plan regular disability benefits are disability benefits payable at a base rate of 45% of a disabled firefighter or police officer’s average high-five salary. The “high-five” salary is based on a firefighter or police officer’s 60 consecutive months in which his or her salary was greatest.

Among other requirements and limitations, Minnesota police officers and firefighters who have more than 20 years of service must apply for Duty Disability benefits before age 55. Police officers and firefighters who have more than 15 years of service must apply for regular disability benefits before age 55. In other words, a police officer or firefighter who is over the age of 55 can still apply for Duty Disability if he or she has less than 20 years of service, or regular disability if he or she has less than 15 years of service.

After age 55, in most cases, the actual amount of the benefit for PERA Duty Disability benefits and a regular PERA retirement pension is the same. However, Duty Disability benefits are non-taxable, while retirement benefits are taxable. In many cases, the tax advantages of a Duty Disability benefit versus a retirement benefit can be worth tens of thousands of dollars over the course of several years.

Minnesota police officers and firefighters who are ineligible for Duty Disability benefits due to the age and service limitation requirements, are still eligible for Continuation of Health Insurance Coverage under Minn. Stat. § 299A.465, if they otherwise meet the Duty Disability criteria. This benefit requires that the employer continue health insurance coverage for the disabled police officer or firefighter through age 65. In other words, even if you can’t apply for a Duty Disability benefit because you are over the age of 55, you may still be eligible for continuation of health insurance coverage benefits.

In the case of the firefighter mentioned above, ultimately I believe we'll be able to assist her in procuring health care continuation benefits, in addition to workers' compensation benefits, even though she cannot apply for PERA Duty Disability benefits. Continuation of Healthcare Coverage Benefits under Minn. Stat. § 299A.465 is a frequently overlooked benefit available to Minnesota firefighters and police officers who do not qualify for PERA Duty Disability benefits due to the age and years of service limitations. We have successfully represented dozens of retired police officers and firefighters in conjunction with claims for healthcare continuation benefits under Minn. Stat. § 299A.465.

If you are a Minnesota police officer or firefighter and you are considering retiring from service due to the effects of an in-the-line-of-duty injury, don’t wait until you hit age 55 to evaluate a potential PERA Duty Disability claim!

Meuser Law Office, P.A., proudly represents hundreds of police officers and firefighters throughout the state of Minnesota. We’ve successfully procured PERA Duty Disability benefits and continuation of health insurance coverage benefits for hundreds of police officers, corrections officers, and firefighters.

Here are a few examples of our recent successes:

•We secured PERA Corrections Plan Duty Disability benefits on behalf of a corrections officer who was assaulted by an inmate over 20 years ago, and who had developed severe post-traumatic stress disorder. She was approved for PERA Duty Disability benefits even though workers’ compensation denied her benefits.

•We were successful in securing PERA Duty Disability benefits on behalf of a firefighter who suffered a heart attack at the scene of a fire.

•We secured PERA Duty Disability benefits on behalf of a young police officer who developed disabling post-traumatic stress disorder after his involvement in several severely traumatic incidents. We also secured workers’ compensation benefits on his behalf based on his post-traumatic stress disorder.

•We were successful in procuring an award of PERA Duty Disability benefits on behalf of a police officer who sustained several back injuries in the line of duty, which ultimately disabled him from continuing to work as a police officer. We also secured a large workers’ compensation settlement on his behalf.

•We were awarded PERA Duty Disability benefits on behalf of a firefighter who sustained several back injuries, one of which was during a training exercise, that resulted in several back surgeries. We also procured a substantial workers’ compensation settlement on behalf of this client.

PERA Duty Disability and health care continuation benefits can be worth hundreds of thousands of dollars! If you are a Minnesota police officer or firefighter, and concerned about your ability to continue doing your job because of the effects of a work-related injury, you should strongly consider consulting with a PERA disability lawyer to learn more about your options and your rights. A mistake can literally cost you hundreds of thousands of dollars.

Our attorneys are experienced in PERA and workers’ compensation law and will anticipate issues to avoid extensive and drawn out litigation. To schedule a free, no-obligation consultation call Meuser Law Office, P.A. today at 1-877-746-5680.  Our experienced attorneys will ensure you receive the maximum benefits due in your PERA Duty Disability and Healthcare Continuation benefits claim.

by Jen Yackley
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Do I Need a Work Comp Attorney If I’m Being Paid?

If you have sustained an injury, either in the line of duty or while on the job, it is in your best interest to hire an attorney experienced in Minnesota workers’ compensation and PERA/MSRS law to represent you. Sometimes injured workers are reluctant to hire an attorney if they are currently receiving ongoing workers’ compensation benefits and the work comp insurance company has paid all their medical bills. Typically, it’s not if there will be a dispute with the insurance company, it’s when there will be a dispute, and you will want an attorney representing you, familiar with your case, and prepared to handle any disputes right away.

If the work comp insurance carrier is paying all the benefits to which you are owed, then no fees are charged. All workers’ compensation attorneys are paid the same in the State of Minnesota: 20% of wage loss benefits recovered after a dispute. These fees are paid directly to your attorney from the insurance carrier so you do not have to worry about writing a check. You also do not have to pay any money up front or any kind of retainer.

If there is a dispute over medical care and treatment, then the attorney will charge the insurance company on an hourly basis for the work done for procuring the employee’s medical care. These fees are called Roraff fees and are separate and distinct and do not come out of money owed to the injured worker.

Why do I Need an Attorney?

(1) It’s helpful to have an attorney handling your case because you can consult him or her with your questions and concerns, and trust that you are getting accurate information from someone with your best interest in mind. An attorney will answer you questions in a timely fashion and ensure that your interests are put above the interest of the insurance company.

(2) Work comp attorneys in the State of Minnesota work on a contingency basis, therefore, you can call and ask your attorney questions or even meet with your attorney without worrying that you will be billed for every minute you spending talking with them.

(3) The adjuster assigned to your case will be speaking and consulting with their own attorneys, looking for ways to save the insurer and employer money.

(4) Attorneys can help you avoid a dispute before one arises. For example, your attorney may advise you not to turn down a light duty position. If you turn down the light duty position, then the adjuster from the insurance company may use this as a reason to cut off your Temporary Total Disability (TTD) benefits.

(5) An attorney can help you choose your own Qualified Rehabilitation Consultant or “QRC.” An injured worker may choose his or her own but the insurance adjuster will not inform you of that option.

(6) The adjuster can take a recorded statement, which is like a deposition but less formal. Having an attorney present for this can help ensure the adjuster is asking the appropriate questions.

(7) Even if the insurance company is paying ongoing workers’ compensation benefits and medical benefits the adjuster may still send you to an Independent Medical Exam or an “IME.” This doctor is not independent and does not have your best interests in mind. The purpose of this examination is to give the insurance company a reason to discontinue your benefits. An attorney will prepare a summary of your medical records and specific questions to your treating doctor so that the doctor can combat the IME’s report with a narrative report.

(8) If you wait until you retain an attorney when the insurance company does cut off your benefits, it will take more time for your attorney to become familiar with your case and request medical records as well as records form the Department of Labor and Industry, which may delay the time in which your wage loss benefits are reinstated.

Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to those benefits. The knowledgeable attorneys at Meuser Law Office, P.A. can help make the process easier to navigate. Contact us today for a free, no-obligation consultation by calling 1-877-746-5680.

by Mary Beth
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Meet Ashley Biermann

Hi, my name is Ashley Biermann and I am one of the attorneys at Meuser Law Office, P.A.  At Meuser Law Office, P.A. we practice in three areas of the law:

• PERA/MSRS Duty Disability benefits
• Workers’ compensation
• Personal injury law



I started working as an attorney at Meuser Law Office in 2014 after I graduated from law school. Prior to that, I grew up in the small town of St. Peter, Minnesota. I went to Gustavus Adolphus College in that same town and then moved up to the big city of Minneapolis, Minnesota and went to law school at William Mitchell College of Law.

Throughout law school I worked for several personal injury firms and so I have a long-standing history of working with injured workers and also with injuries relating to automobile accidents and other types of injury claims.

What I enjoy most about representing injured workers is the fact that I get to deal with really good people who happen to just be going through a very difficult time in their lives. Many times people come in here and they are going through, what is for many, the most difficult time in their life. They don’t know where their next paycheck is coming from, they are in pain, and they are really just looking for someone to help navigate them through that process and I enjoy being that person.

At Meuser Law Office, P.A. we specialize in working with first responders. That includes everyone from police officers, firefighters, paramedics, corrections officers, anyone who really falls in that genre. And I especially enjoy working with these clients because these are the individuals who everyday put their lives out there for us and it’s great to be able to turn around and fight for the benefits and the rights they are entitled to. At the end of the day nothing really makes me feel better than fighting for our police and fire clients.

Contact Meuser Law Office, P.A. for a free, no-obligation case evaluation and consultation. The knowledgeable attorneys at Meuser Law Office, P.A. take the time with each client to help determine which benefits under the Minnesota Workers’ Compensation Act you are entitled as well as discuss PERA Duty Disability benefits and Healthcare Continuation Benefits under Minnesota Statute §299A.465. Call us today at 1-877-746-5680.

by Ashley Biermann
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When am I Entitled to Rehabilitation Services in Work Comp?

The purpose of rehabilitation services in Minnesota workers’ compensation is to help injured workers return to work. Some injured workers are able to return with their former employer in a modified position. Other injuries may prevent the employee from returning to the same position with the date of injury employer and he or she may need assistance with finding employment elsewhere. And in some situations injured workers may need additional training or skills to find suitable employment.
Minnesota Statute § 176.102, subdivision 1(b) governs rehabilitation services under the Minnesota Workers’ Compensation Act:

Rehabilitation is intended to restore the injured employee so that the employee may return to a job related to the employee’s former employment or to a job in another work area which produces an economic status as close as possible to that the employee would have enjoyed without disability.

Rehabilitation in workers’ compensation include services such as vocational rehabilitation and medical management. Vocational rehabilitation can entail: job counseling, job analysis, vocational evaluation, job modification, job development, job placement, labor market surveys, vocational testing, transferable skills analysis work adjustment job-seeking skills training, on the job training, and retraining. Minn. R. 5220.0100, subp. 29.

An injured worker may request a Rehabilitation Consultation or an insurer may provide one on its own volition. A Rehabilitation Consultation is performed by a Qualified Rehabilitation Consultant, more commonly referred to as a QRC. QRCs are licensed by the State of Minnesota and assist injured workers with medical management and with vocational rehabilitation or getting the injured worker back to work. Nurse case managers are not QRCs and do not perform the same tasks. During a Rehabilitation Consultant the QRC conducts an interview of the employee and may examine medical records and reports from the employer and insurer to determine whether or not the injured worker qualifies for rehabilitation services.

If the QRC determines that the employee is a “qualified employee” then a QRC will begin to perform medical management and other rehabilitation tasks on behalf of the injured worker. Generally, an injured worker is a qualified employee if: (1) the employee is unable to do his or her normal job duties because of the injury; (2) the employer is unable to provide suitable light duty; and (3) the services will benefit the injured worker. If there is a dispute over whether or not the injured worker is a “qualified employee” then a rehabilitation conference is scheduled at the Department of Labor and Industry and an arbitrator will decide.

A QRC will then develop a rehabilitation plan that outlines the specific vocational goals and services needed to reach those goals. This plan is then filed with the State of Minnesota. Rehabilitation services, including payment of the QRC for his or her time is the responsibility of the insurer.

An employer has the right to choose his or her own QRC. But, most insurers will not tell employees of this right and instead appoint their own. While QRCs are technically neutral third parties, if a QRC is appointed by the insurer, then this QRC will not be looking out for the injured worker’s best interest and will instead be trying to save the insurance company as much money as possible. Having a good QRC who is working in your best interest can be vital to your workers’ compensation claim. If the insurer has already appointed a QRC, the injured worker has two months from that date in which to request a change in QRC, to which the insurer cannot object.

If the insurer has appointed a QRC in your case, call us as soon as possible so that we can help you request a reputable QRC to represent you. Contact Meuser Law Office, P.A. for a free no-obligation consultation. The attorneys at Meuser Law Office, P.A. can explain how rehabilitation services work in more detail and ensure you are receiving all the benefits to which you are entitled under the Minnesota Workers’ Compensation Act. Call us today at 1-877-746-5680.

by Mary Beth
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Minnesota Workers’ Compensation: Work Restrictions

One of the most important factors in any Minnesota workers’ compensation case is the nature and extent of any light duty work restrictions that have been assigned to the injured worker. If you’ve sustained an on-the-job or in the line-of-duty injury in Minnesota, and your doctor has instructed you to limit or restrict your work and/or leisure activities, these limitations are referred to as work restrictions. Generally, in order to claim entitlement to Minnesota Workers’ Compensation Benefits, an injured worker must demonstrate restrictions on his or her ability to perform her normal work duties.

Your doctor may provide you with a workability report documenting your limitations, or he or she may instruct you to avoid performing specific work activities. If you have concerns about your ability to perform your normal job activities following a work injury, it is critical that you discuss these concerns with your doctor. If your doctor tells you to restrict your work activities, you need to have your doctor provide you with a note or workability form documenting your limitations. Documentation of your work limitations as the result of a work injury must be provided to your employer. Your employer may offer you a light duty job to accommodate your restrictions.

As Minnesota workers’ compensation attorneys, here are some common questions that we as are asked about work restrictions in the context of Minnesota workers’ compensation and PERA Duty Disability:

• What if I can’t do my job because of my light duty restrictions?

If you can’t perform your normal job duties, your employer may provide you with light duty work, they may make accommodations to your job duties to meet your restrictions, or they may give you an alternative assignment that is within your limitations. If your employer cannot accommodate your restrictions, and as a result, you can’t work at your regular job, you may be entitled to Minnesota workers’ compensation wage loss benefits and/or rehabilitation benefits.

• I'm afraid that I will be fired if I report my work restrictions. What should I do?

If you are injured at work in Minnesota, you’re required to provide documentation of any work restrictions to your employer. Failure to do so can hurt your legal rights. More importantly, however, if you continue to work outside your restrictions, you may make your injury worse. Your employer cannot fire you for having work restrictions under Minnesota Statute § 176.82.

• I have light duty restrictions, but my employer won’t let me come back to work unless I’m 100% cleared for full duty, what should I do?

If your employer cannot provide you with light duty work and you have work restrictions because of an on-the-job injury, the workers’ compensation insurance company should be paying you wage loss benefits while you’re off work. You may also be entitled to rehabilitation assistance from a Qualified Rehabilitation Consultant (QRC). Don’t let your employer pressure you into being released to full duty before you’re ready. Returning to full-duty work before you’re physically ready to do so can adversely affect your legal rights, and more importantly, it can adversely affect your health.

• My employer isn’t following my restrictions. They keep asking me to do work that’s outside of my restrictions, or they’re giving me a hard time about my inability to do full duty work. What should I do?

An employer cannot force you to perform work that exceeds your physical restrictions. However, we do see cases where an employer harasses an injured worker who can’t perform full duty activities, or where an employee is routinely asked to perform tasks that exceed his or her restrictions. Depending on the specific circumstances of the case, there are a number of things that can be done to address this situation. In some instances, the injured worker’s doctor may deem it appropriate to issue more specific work restrictions, or request a rehabilitation consultation with a Qualified Rehabilitation Consultant (QRC), and seek approval for an on-site job analysis. A Minnesota workers’ compensation lawyer can help you if your employer is trying to force you to perform work that exceeds your light duty restrictions. As a rule, an injured worker should not perform work that exceeds his or her restrictions.

• I’m working light duty, but I’m still having trouble doing some of my job duties even though they’re within my doctor’s restrictions, what should I do?

You should discuss the situation with the doctor and explain the specific job duties that are causing your problems. If appropriate, your doctor may clarify or adjust your restrictions to help you avoid those job activities that are causing you difficulty. A Qualified Rehabilitation Consultant (QRC) can also help to document the difficulties you are experiencing and address these concerns with your doctor.

• My restrictions are now permanent. My employer can’t provide me with a permanent light duty job. Am I going to lose my job?

Most employers are generally not required to offer permanent light duty positions, so unfortunately, if your employer cannot accommodate your permanent light duty limitations, you may be terminated on that basis. As Minnesota workers’ compensation lawyers, while we do encounter employers who make a good faith effort to place an injured worker in a different permanent light duty position, more often than not, the employee is terminated.

The good news is that if your employer cannot accommodate your permanent light duty restrictions, and you are terminated as a result, you are likely eligible for wage loss benefits while you look for a new, physically and economically suitable job. You are also likely eligible for the assistance of a Qualified Rehabilitation Consultant (QRC) who will provide vocational rehabilitation services, including job placement services or retraining plan development, to help place you in a new job. Your employer may provide you with a QRC but, as work comp attorneys, we can refer you to one that is working in your best interest.

If you have permanent restrictions, or if you’re likely to have permanent limitations once you’ve completed treatment for your injury, it is wise to speak with a Minnesota workers’ compensation lawyer. The more significant your injury, in the insurance company's eyes, the more costly it will be. If it is evident early on during the course of your case that you will have significant permanent restrictions as a result of your injury, the insurance company will be looking for ways to minimize their costs, including coming up with strategies to try to cut off your eligibility for benefits. If you’re suffering from a significant work-related injury, retaining a workers’ compensation lawyer early on in your case can help avoid costly problems down the road.

• I don’t have written restrictions – I’ve just been watching what I do at work and avoiding activities that cause me difficulty. Do I need written restrictions?

Written documentation of your work restrictions is ALWAYS, repeat ALWAYS, better than simply just watching what you do at work. If there’s ever a dispute about your ability to do your job, while your testimony about limiting your work activities can be used to support your claim, written documentation of your restrictions is much, much stronger. We’ve seen this situation go awry for countless injured workers. Written work restrictions go a long way towards protecting your legal rights.

• My doctor has given me work restrictions, but the insurance company’s independent medical examiner (IME) says I can return to work without restrictions. My employer is telling me I can return to work without restrictions. What should I do?

You should speak with a Minnesota workers’ compensation attorney. If your claim has not already been denied, it will be soon. That being said, what an injured worker should do in this situation is largely based on the circumstances, and a Minnesota workers’ compensation lawyer can instruct you on the best course of action. In some circumstances, the injured worker should continue to follow his or her doctor’s orders. Or, it may be appropriate for the injured worker to try to return to work and see how it goes. We may advise that the injured worker undergo a Functional Capacity Evaluation (FCE) to get an objective measure of that worker’s limitations.

• I have work restrictions due to an on-the-job injury, and I'm being laid off. Am I eligible for workers’ compensation benefits?

Generally, yes. If you are laid off for reasons other than your work injury, but as a result of your work restrictions, you suffer a loss of earning capacity, you may be eligible for wage loss and/or rehabilitation benefits. Claims for wage loss benefits by workers who were laid off are routinely disputed by workers’ compensation insurance companies. Contact a Minnesota workers’ compensation attorney to assist you with the process.

• I have a work injury and work restrictions, and my employer says I was terminated "for cause." What should I do?

You should contact a Minnesota workers' compensation lawyer immediately. While Minnesota law prevents employers from terminating an employee in retaliation for filing a workers' compensation claim, unfortunately we see cases on a regular basis where an injured worker who is under light duty restrictions suddenly becomes targeted for write-ups, discipline, and firing, after they're been hurt. Termination for misconduct can be a basis for denial of benefits in some workers' compensation cases. That being said, "termination for cause," is not the same thing as "termination for misconduct." Even when an injured worker with work restrictions has been terminated for alleged misconduct, he or she may be entitled to wage loss and/or rehabilitation benefits.

If you have permanent restrictions, or if you’re suffering from a significant work-related injury, a Minnesota workers’ compensation lawyer can help you protect your rights and your future. Don’t wait to get an attorney involved if you have a Minnesota workers’ compensation claim. The process can be complex and you want to be sure you receive the full benefits you are entitled. Contact Meuser Law Office, P.A. for a free no-obligation consultation and claim evaluation. At Meuser Law Office, P.A. we keep our clients informed of the process as well as what to expect each step of the way.

by Jen Yackley
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What Are the Different Types of Administrative Conferences in Work Comp?

Work comp in the State of Minnesota is an administrative body of law organized under the Minnesota Worker’s Compensation Act. Admitted work comp claims are claims in which the insurer has accepted primary liability and is paying some type of ongoing benefit. When disputes arise in admitted cases, administrative conferences are scheduled in an attempt to resolve them before the parties go to a formal hearing, which is the work comp equivalent of a trial. There are several types of administrative conferences which may be scheduled for each different type of dispute, each with its own type of judge presiding. Meuser Law Office, P.A. has years of experience representing injured employees as well as Minnesota’s first responders including police officers and firefighters in these administrative conferences:

(1) Rehabilitation Conference

Rehabilitation conferences are held at the Department of Labor and Industry (DOLI). Rehabilitation conferences are used to resolve disputes about rehabilitation services. Common issues at rehabilitation conferences include issues such as: whether or not an injured worker is a qualified employee and therefore entitled to a rehabilitation consultation performed by a Qualified Rehabilitation Consultant (QRC), whether an employee is still entitled to a QRC if he or she turned down suitable employment, or disputes over QRC bills to the insurer.

A DOLI mediator, sometimes known as a specialist, facilitates rehabilitation conferences. If the parties cannot agree then the DOLI mediator issues a formal written decision. This decision may be appealed by either party and then would be set for a formal hearing in front of a Workers’ Compensation Judge at the Office of Administrative Hearings.

In most cases insurance adjusters are represented by attorneys at these proceedings, even though the adjuster may have been the one to file a rehabilitation request with the State of Minnesota. Either party can file a rehabilitation request and if the dispute is certified a DOLI mediator will schedule a conference.

(2) Medical Conference

Medical conferences are also held at the Department of Labor and Industry and facilitated by a DOLI mediator as well. Medical conferences are used to resolve disputes about an injured worker’s medical care. Common issues at medical conferences include: the employee’s ability to change a treating physician, outstanding chiropractic bills, and proposed medical procedures.

Either party can file a medical request and either party may appeal the mediator’s decision if the dispute is unable to be resolved and the matter will be scheduled for a formal hearing.

Medical and Rehabilitation conferences are more informal than .239 or NOID conferences and generally carry less weight and impact as these decisions are typically appealed and set for a formal hearing.

(3) .239 or NOID Conference

.239 or NOID (Notice of Intent to Discontinue Benefits) conferences are scheduled when an employer and insurer attempts to cut off an employee’s ongoing wage loss benefits. Benefits are paid up until the date the notice is served on the employee or the employee’s attorney. It is vital for an employee or an employee’s attorney to object right away to preserve his or her right to object to the discontinuance of the injured worker’s wage loss benefits.

These conferences are held at the Office of Administrative Hearings in front of a judge. The judge will issue a written determination and benefits will either continue to be suspended or the employer and insurer will be ordered to back pay the injured worker and to continue paying the benefit. Either party may appeal the decision and the matter will be set for a formal hearing. But, if an injured worker loses at the NOID or .239 conference he or she will not be paid ongoing work comp benefits and may not receive money until an insurer is ordered to so do after a successful formal hearing.

If your case has been scheduled for a rehabilitation conference, medical conference or a .239/NOID conference, contact Meuser Law Office, P.A. for a free no-obligation consultation. Meuser Law Office, P.A. is one of the few workers’ compensation law firms in the state of Minnesota that also handles PERA and MSRS disability claims. We’ve successfully represented hundreds of State Patrol, police officers and firefighters throughout the state for both workers’ compensation and PERA/MSRS disability claims. Sitting down with us for a consultation to learn more about your potential claims is a lot like financial planning. We can explain what rights you have and make recommendations to you in terms of how to best protect your rights to various benefits such as medical care, rehabilitation services and wage loss. The knowledgeable attorneys at Meuser Law Office, P.A. can represent you at any of these proceedings and help make the process easier to navigate.   Contact us today by calling 1-877-746-5680.

by Mary Beth
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