Minnesota Workers Compensation Law Changes for 2018/2019
Minnesota Workers’ Compensation Changes
Recent Minnesota legislation passed allowing changes to Minnesota workers compensation for additional benefits to be paid to injured workers. Some of these changes do not go into effect until 2019 while others went into effect immediately in June of this year. While we would’ve liked to have seen more changes these benefits are certainly going to help the injured worker.
This provides only an overview of some of the 2018 workers’ compensation legislation that made changes to Minnesota workers compensation. The actual language of Chapter
185 is here.
Minn. Stat. § 176.231, subd. 9, is being changed to allow the use of electronic signatures. Also, the Department of Labor and Industry will create a worker identification (WID) number when the first
report of injury is filed. Parties are then encouraged to use the WID number when filing documents in the workers’
compensation system to minimize the use of the injured workers’ Social Security number.
Occupational Disease/PTSD/ Post Traumatic Stress Disorder
This paragraph creates a post-traumatic stress disorder (PTSD) presumption for an employee who was employed on active duty as:
- a licensed police officer;
- a firefighter;
- a paramedic;
- an emergency medical technician;
- a licensed nurse employed to provide emergency medical services outside of a medical facility;
- a public safety dispatcher;
- an officer employed by the state or a political subdivision at corrections, detention or secure treatment facility;
- a sheriff or full-time deputy sheriff of any county; or
- a member of the Minnesota State Patrol.
If an employee in one of the listed occupations is diagnosed with a mental impairment under paragraph (d) (PTSD according to DSM-V) and has not been diagnosed with PTSD previously, then the PTSD is presumptively an occupational disease that is presumed to have been due to the nature of employment.
The presumption may be rebutted by substantial factors brought about by the employer and insurer.
- Substantial factors known to the employer or insurer at the time of the denial of liability must be communicated to the employee on the denial of liability.
- PTSD is not considered an occupational disease if it results from a disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement or similar action taken in good faith by the employer. Effective date:
This section 1 is effective for employees with dates of injury on or after Jan. 1, 2019.
Temporary Partial Disability Benefits Increased for Dates of Injury after 10/1/18
The maximum number of weeks that an employee is entitled to temporary partial workers’ compensation benefits is increased from 225 to 275.
Permanent Partial Disability Amounts Increased for Dates of injury after 10/1/18
The table of dollar amounts used to calculate permanent partial disability benefits is increased.
|less than 5.5||78,800|
|5.5 to less than 10.5||84,000|
|10.5 to less than 15.5||89,300|
|15.5 to less than 20.5||94,500|
|20.5 to less than 25.5||99,800|
|25.5 to less than 30.5||105,000|
|30.5 to less than 35.5||115,500|
|35.5 to less than 40.5||126,000|
|40.5 to less than 45.5||136,500|
|45.5 to less than 50.5||147,000|
|50.5 to less than 55.5||173,300|
|55.5 to less than 60.5||199,500|
|60.5 to less than 65.5||225,800|
|65.5 to less than 70.5||252,000|
|70.5 to less than 75.5||278,300|
|75.5 to less than 80.5||330,800|
|80.5 to less than 85.5||383,300|
|85.5 to less than 90.5||435,800|
|90.5 to less than 95.5||488,300|
|95.5 up to and including 100||540,800|
Rebuttable Presumption for Retirement Increased from age 67 to 72 for Dates of Injury After 10/1/18
Permanent total disability benefits currently cease at age 67 because the employee is presumed retired from the labor market. This section deletes the retirement presumption at age 67 and, instead, provides that permanent total disability benefits cease at age 72. There is an exception provided for employees who are injured after age 67, whose permanent total disability benefits cease after five years.
Minnesota Treatment Parameters Rules will be Adopted for Treatment of PTSD
The commissioner, in consultation with the Medical Services Review Board, will adopt rules for the treatment of PTSD. In developing the treatment they will use the guidance found in the American Psychological Association’s most recently adopted Clinical Practice Guideline for the Treatment of PTSD. The rules apply to employees with all dates of injury who receive treatment for PTSD after the rules are adopted.
It is important to know your rights under Minnesota workers’ compensation law. Most workers’ compensation attorneys would be happy to discuss with you your options, including potential scenarios in the future and what to look forward to as you move along in the healing process. It is important to stay empowered and know your rights under the law. Minnesota workers’ compensation lawyer, Jerry Sisk, offers free no-hassle consultations to allow you an opportunity to be informed so you can make the right choices.
Photo by Zac Nielson on Unsplash