MINNESOTA WORKERS' COMPENSATION LAW




Table of Contents:
  1.       Due Dates
  2.       Date of Benefit Change
  3.       Compensation Rates (1977 to 1996)
  4.       PPD Schedules
  5.       Adjustment of Benefits under M.S. 176.645
  6.       Supplementary Benefits M.S. 176.132
  7.       Interest on Benefits for Periodic Payments
  8.       Reduction Formula for Multiple PPD Categories Under M.S. 176.105


I. Due Dates
Report of Injury 48 hours where death/serious injury; 10 days for injury disabling EE for more than 3 calendar days. 176.231
Report of Injury by Insurer No later than 7 days. 176.231
Denial of Liability Filed within 14 days. 176.221
TTD Within 14 days of notice of claim 176.221; 5220.2540
EE's Req.for Conf. 30 calendar days after return to work, or 12 days if other reason; conference within 10 days 176.239
Appeal of Admin. Decision Within 60 calendar days of decision 176.238
TPD Within 10 days of EE sending paystub 176.221; 5220.2540
Awards & Orders Paid within 14 days 176.221, subd. 8
Medical Bills Pay no later than 30 days, unless denial sent in writing 5221.0600 subd. 3
Interim Status Report Each year and upon specific request by the division. Also must file proof of payment indicating amount paid when insurer makes 1st payment to employee, when payments reinstated after discontinued, and when commenced by an Order. 5220.2540 subd. 3
Reply to Info. Req. Within 30 days 176.194, subd. 3
Disability Status Report File to request or waive rehab. consultation: 1) within 14 days of knowledge that disability will extend beyond 13 weeks, 2) within 90 days of DOI, or 3) within 14 days from request for rehabilitation 5220.0110 subd. 7A
Retraining Notify EE in writing of right to rehab within 80 weeks of benefits paid concerning the fact that retraining must be requested within first 104 weeks of disability. Effective 10/01/00, request for retraining must be made within first 156 weeks of disability. 176.102, subd. 11
Answer to Claim Pet. 20 days from service 176.321
Notice of WCCA Appeal 30 days from service 176.421; 9800.1600 subd. 1
Med/Rehab Response 20 days from service of Med/Rehab Request Rule repealed (leave timeline)
Response to Pet. to Vacate 45 days 9800.1100 subd 3
Employee Information Sheet Provide to EE with First Report of Injury 176.231, subd. 2
PPD 14 days after receipt of 1st medical report which contains a disability rating 176.221, subd. 7

II. Date of Benefit Change
04/28/57 TTD not to exceed 350 week; TPD not beyond 350 weeks
06/08/71 Chiropractic added to 176.135
09/01/71 End of Special Fund automatic registration
08/01/74 TPD not to exceed 350 weeks
08/01/75 TTD unlimited under 176.101
10/01/77 TPD unlimited under 176.101
01/01/84 TTD ends at 90 days post service of MMI or the end of retraining
01/01/84 Retirement presumption with receipt of Social Security Old Age benefit
07/01/87 Apportionment of Second Injury Fund cases become appropriate
06/30/92 Repeal of reimbursement from the Second Injury Fund for DOI on and after 7/01/92
07/01/92 Attorney Fee max raised from $6500 to $13,000
10/01/92 For DOI on and after, apply anniversary increase on the second anniversary
10/01/92 TPD not to exceed 225 weeks (or 450 weeks after injury).
07/01/93 "New" PPD schedule becomes effective
07/01/95 Equitable apportionment 176.191, no longer allowed; except by agreement, by arbitration or for occupational diseases
07/01/95 Arbitration on apportionment 176.191, allowed after $10,000 in medicals paid or 52 weeks of wage loss. Must request within one year of threshold.
08/01/95 Repeal of supplementary benefits
08/01/95 Commissioner will decide medical bills $1500 and under. No right of appeal. Repealed effective 8/01/00.
08/01/95 Any party unprepared at settlement conference can be sanctioned and ordered to pay opposing party's fee
10/01/95 Attorney must consolidate all issues in one proceeding.
10/01/95 Attorney fee max of $13,000 inclusive of all medical and rehab. issues. No excess fees. No objection to fees.
10/01/95 Injuries on and after 10/01/95 adjusted on the fourth anniversary date of the injury.
10/01/95 Civil damages up to $15,000 to EE directly from ER if ER fails to offer continued employment, without reasonable cause.
10/01/95 MMI reached once only, except where EE medically unable to continue, M.S. 176.101, Subd. 1(e)(2).
10/01/95 PPD no longer two/tiered. Only Impairment Compensation schedule remains.
10/01/95 TTD limited to 104 weeks Exception: limit is tolled during retraining. Note: TTD subject to discontinuance if 1) return to work, 2) withdraw from labor market, 3) lack diligent job search, 4) released without restriction, 5) refusal of job offer, and 6) 90 days post MMI.
10/01/95 TPD no longer payable with receipt of unemployment compensation.
10/01/95 PTD ceases at 67. Presumption is rebuttable.
10/01/95 PTD thresholds now effective: 17% PPD; or 15% PPD and EE at least 55 at DOI; or 13% PPD and at least 55 at DOI and has not completed grade 12 or obtained GED. Additions to prior laws.
9/2/99 Irwin Court rules that the statutorily imposed cap on attorney fees of $13,000 violates the Separation of Powers Doctrine
4/28/00 Minimum amount of dependency compensation that must be paid to dependents is $60,000.
4/28/00 Employer/insurer must pay burial expenses up to $15,000 for fatal work-related injuries.
4/28/00 Employer and Insurer required to pay $60,000 to the deceased EE's estate if there are no dependents. Pursuant to the repeal of Minn. Stat. .176.129 subd. 2, as of 4/28/00, in such cases, the Employer is no longer required to pay the Commissioner $25,000 to the Special Compensation Fund. See now repealed Minn. Stat. .176.129 subd.2 for further effects of this repeal
8/1/00 Amendment expands the scope of benefits an employer and insurer may recover in third party liability actions
8/1/00 Parties to decision regarding medical benefits of $1,500 or less are now able to request a formal hearing.
8/1/00 Employer must now also give the employee the "Minnesota Workers' Compensation System Employee Information Sheet" at the time the EE is given a copy of the First Report of Injury.
8/1/00 In determining the statewide AWW, now wages reported on the tax reports shall be divided by the average monthly number of covered workers reported for the year
8/1/00 An attorney must file a statement of attorney fees within 12 months of the date that the attorney submitted the written notice of claims for legal services or disbursements to the employer or insurer. See statutory amendment for qualifications/exceptions of this general rule and notice requirements for the insurer.
10/1/00 In computing the number of days worked in AWW calculation, vacation and holiday days taken are now included 10/1/00 (DOI). Partial days worked now included in AWW calculation as fraction of day actually worked
10/1/00 If TTD payments cease because the EE returned to work, it now may be recommenced if the EE is laid off or terminated for reasons other than misconduct at any time after the return to work as long as the layoff or termination occurs prior to 90 days after the EE has reached MMI
10/1/00 (DOI) Employer or Insurer must notify the EE (and file with the Department) in writing of the 104 week limitation on TTD benefits once an EE has been paid 52 weeks of TTD
10/1/00 Employer now may pay PPD to the EE in a lump sum if requested
10/1/00 Additional method for establishing retirement presumption is created.
10/1/00 EE now can file a request for retraining anytime before 156 weeks of any combination of TTD and/or TPD benefits have been paid. Retaining claims barred unless EE actually seeks approval of an actual retraining plan within the requisite time period.
10/1/00 (DOI) Employer must notify the EE in writing of the 156 week limitation for filing a request for retraining.
10/1/00 New PPD Schedule..
10/1/01 (DOI) The maximum and minimum compensation rates have not changed from 10-01-00. However, the supplemental rate for 10-01-01 is $442.00 and the .645 Adjustment is 5.92%.
8/1/02 (DOI) Intervention rights can be extinquished for failure to timely intervene/participate.

III. Compensation Rates (1977 to 2000)
Date Maximum Minimum
(50%/20%)
10/01/77 SWAWW or gross wage, whichever is less, but in no case less than 20% of the SWAWW
10/01/77 197.00 98.50/39.40
10/01/78 209.00 104.50/41.80
10/01/79 226.00 113.00/45.20
10/01/80 244.00 122.00/48.80
10/01/81 267.00 133.50/53.40
10/01/82 290.00 145.00/58.00
10/01/83 313.00 156.50/62.60
10/01/84 329.00 164.50/65.80
10/01/85 342.00 171.00/68.40
10/01/86 360.00 180.00/72.00
10/01/87 376.00 188.00/75.20
10/01/88 391.00 195.50/78.20
10/01/89 413.00 206.50/82.60
10/01/90 428.00 214.00/85.60
10/01/91 443.00 221.50/88.60
10/01/92 Maximum changed to 105% of SWAWW. Minimum changed to 20% of SWAWW or actual wage, whichever is less
10/01/92 481.95 91.80
10/01/93 508.20 96.80
10/01/94 516.60 98.40
10/01/95 615.00 104.00
10/01/96 615.00 104.00
10/01/97 615.00 104.00
10/01/98 615.00 104.00
10/01/99 615.00 104.00
10/01/00 750.00 130.00
10/01/01 750.00 130.00
10/01/02 750.00 130.00
10/01/03 750.00 130.00
10/01/04 750.00 130.00
10/01/05 750.00 130.00
10/01/06 750.00 130.00
10/01/07 750.00 130.00

IV. PPD Schedules
A. Effective for DOI prior to 10/01/00
Impairment Compensation Economic Recovery Compensation
% Disability Amount % Disability Weeks**
0/25 $ 75,000 0/25   600
26/30    80,000 26/30   640
31/35    85,000 31/35   680
36/40    90,000 36/40   720
41/45    95,000 41/45   760
46/50  100,000 46/50   800
51/55  120,000 51/55   880
56/60  140,000 56/60   960
61/65  160,000 61/65 1040
66/70  180,000 66/70 1120
71/75  200,000 71/100 1200
76/80  240,000
81/85  280,000 **ERC schedule effective for
DOI 1/01/84 to 9/30/95
86/90  320,000
91/95  360,000
96/100  400,000
B. Effective for DOI on or after October 1, 2000:
Impairment rating (percent) Amount
0 - 5 $75,000
6-10 $80,000
11-15 $85,000
16-20 $90,000
21-25 $95.000
26-30 $100,000
31-35 $110,000
36-40 $120.000
41-45 $130,000
46-50 $140,000
51-55 $165,000
56-60 $190,000
61-65 $215,000
66-70 $240,000
71-75 $265,000
76-80 $315,000
81-85 $365,000
86-90 $415,000
91-95 $465,000
96-100 $515,000

V. Adjustment of Benefits under M.S. 176.645
10/01/76 7.65% 10/01/86 5.26%
10/01/77 6.00% 10/01/87 4.44%
10/01/78 6.00% 10/01/88 3.99%
10/01/79 6.00% 10/01/89 5.63%
10/01/80 6.00% 10/01/90 3.63%
10/01/81 6.00% 10/01/91 3.50%
10/01/82 6.00% 10/01/92 3.61%
10/01/83 6.00% 10/01/93 5.33%
10/01/84 5.11% 10/01/94 1.65%
10/01/85 3.95% 10/01/95 2.64%
10/01/96 3.76%
10/01/97 5.53%
10/01/98 4.70%
10/01/99 6.22%
10/01/00 4.39%
10/01/01 5.92%
10/01/02 3.24%
10/01/03 2.28%
10/01/04 3.06%
10/01/05 4.59%
10/01/06 1.03%
10/01/07 3.32%
*6.00% for DOI before 10/01/92;
*4.00% for DOI 10/01/92 to 09/30/95
on second anniv. date of injury.
No anniv. increase until the fourth
anniv. date for injuries 10/01/95 and
after subject to a max of 2.00%

VI. Supplementary Benefits M.S. 176.132
01/01/72 $60.00 10/01/83 204.00
07/01/73 subd. 2(e) allows 5% reduction 10/01/84 214.00
07/01/74 73.00 10/01/85 223.00
01/01/75 80.00 10/01/86 234.00
01/01/76 85.00 10/01/87 245.00
01/01/77 91.50 10/01/88 255.00
07/01/77 109.80 10/01/89 269.00
01/01/78 118.20 10/01/90 279.00
04/08/78 change in 5% law 10/01/91 288.00
01/01/79 135.85 10/01/92 299.00
01/01/80 146.90 10/01/93 315.00
10/01/80 156.60 10/01/94 320.00
10/01/81 173.55 10/01/95 329.00
10/01/82 188.50 10/01/96 341.00
10/01/97 360.00
10/01/98 377.00
10/01/99 400.00
10/01/00 418.00
10/01/01 442.00
10/01/02 457.00
10/01/03 467.00
10/01/04 481.00
10/01/05 504.00
10/01/06 509.00
10/01/07 526.00

VII. Interest on Benefits for Periodic Payments

N (N/1) X (Compensation Rate x Interest Rate) = Periodic Interest Owing
    2                   52 weeks in one year
N = Number of weeks during payment period


VIII. Reduction Formula for Multiple PPD Categories Under
         M.S. 176.105

A + B (1 / A)       A = larger of two PPD percentages

** The above information is a compilation of information and charts issued by
      the Department of Labor & Industry.
     Compiled by Lisa F. Kinney.