Timely payment of temporary partial disability 

Temporary partial disability (TPD) is a wage-loss benefit payable to employees who are back to work but earning less than their pre-injury gross weekly wage. It is payable at two-thirds of the difference between what the employee earned at the time of the injury and their current earnings. The benefits are payable only if the employee is employed.  

Consistent with Minnesota Rules part 5220.2540, once TPD payments have commenced, they must continue to be paid on a regular basis at the intervals the employee would have received wages from the employer. If the current wage varies so that wage documentation for calculation of TPD benefits is necessary, payment is due 10 days following the date the employee or employer sends wage verification to the insurer. 

Inexcusable delay in making payment  

In accordance with Minnesota Rules part 5220.2790, when payment of TPD benefits is not made within three business days of the date provided by statute or rule on more than three occasions within a 12-month period, the failure is deemed inexcusable and is subject to a penalty as follows: 

• The amount of the penalty assessed is payable to the employee in the form of a payment increase.

• The amount of the increase in payment is calculated at 25% of the payment found to be delayed.

Providing notice to Department of Labor and Industry 

The following is a list of required filings to report initial and ongoing disability benefits to DLI: 

• File an initial payment (IP) or employer-paid (EP) electronic data interchange (EDI) transaction when a claim is accepted and indemnity benefits are due. 

• Submit a sub-annual (SA) EDI transaction at six-month intervals when indemnity benefits are ongoing.   

• File a change in benefit type (CB) when initial total temporary disability (TTD) payments change to TPD. 

Filing notices are required per Minnesota Statutes section 176.231.