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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