Work comp: Procedures, forms for implementing Minn. Stat. 176.1292

Background

Legislation, effective May 31, 2017, was recommended by the Workers' Compensation Advisory Council in response to issues raised by the Minnesota Supreme Court's 2014 decisions in Ekdahl v. Independent School District #213, et al., 851 N.W.2d 874 and Hartwig v. Traverse Care center, et al., 852 N.W.2d 251. In these cases, the Supreme Court decided that the workers' compensation law does not allow permanent total disability (PTD) benefits to be reduced by the employee's government retirement benefits (other than Social Security retirement benefits). The new law will be codified as Minnesota Statutes § 176.1292. (2017 Minn. Laws, ch. 94, art. 4.)

DLI has developed procedures and forms to implement this legislation as follows.

Procedures and forms for injuries before Oct. 1, 1995. (Special Compensation Fund)

• Procedure for reporting PTD benefits

• Annual report of PTD benefits before Oct. 1, 1995

• PTD calculator spreadsheet

• Instructions for PTD calculator spreadsheet

Procedures and forms for injuries on or after Oct. 1, 1995. (Compliance, Records and Training)

• Procedure for reporting PTD benefits

• Initial report of PTD benefits form

• Instructions for completing the initial report of PTD benefits form

• PTD calculator spreadsheet

• Instructions for PTD calculator spreadsheet

• Annual report of PTD benefits on or after Oct. 1 1995