STATE ACTIVITIES:
July 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- As of Aug. 31, 2020, non-electronic-data-interchange (non-EDI) reports and documents must be filed electronically with the Department of Labor and Industry (DLI) in Work Comp Campus, except that injured workers are not required to file documents electronically. The legal notice linked below includes a list of reports and other documents that will be filed in Campus by web form. A copy of the notice is available at http://www.dli.mn.gov/business/workers-compensation/work-comp-forms?utm_medium=email&utm_source=govdelivery and will be published in the State Register on June 29, 2020. More information: If you have questions or would like more information, contact DLI at campus.ediguide.dli@state.mn.us or 651-284-5011.
- The Minnesota Department of Labor and Industry (DLI) has started receiving Notice of Intention to Discontinue Workers' Compensation Benefits (NOID#3) forms on existing workers' compensation claims that may have been impacted by the COVID-19 pandemic. This communication is to remind you and your claims staff of the circumstances when workers' compensation benefits must continue and the information and supporting documentation that must be included on the NOID#3 form. NOID#3 form specificity, supporting documents. DLI has noticed some of the reasons for discontinuing benefits on recently filed NOID#3 forms for COVID-19 claims lack the required specificity to determine whether the reason for discontinuance is valid in accordance with the Minnesota workers' compensation law. In addition, some of the NOID#3 forms being filed lack the required attached documentation that supports the reason for discontinuing the benefits. DLI reminds claims staff members of the following:
- When filing a NOID#3 form, you must "state the date of intended discontinuance and set forth a statement of facts clearly indicating the reason for the action.
- Copies of whatever medical reports or other written reports in the employer's possession which are relied on for the discontinuance shall be attached to the notice.
- If the employee has been or is presently represented by an attorney for the same injury, the NOID#3 must also be served on the last attorney of record. (See Minnesota Statutes § 176.238, subdivisions 1 and 9.)
- The legal reason or reasons for the proposed discontinuance or reduction must be stated in language that is easily read and understood by a person of average intelligence and education, and in sufficient detail to inform the employee of the factual basis for the discontinuance or reduction. (See Minnesota Rules 5220.2630, subpart 4(B) (5).)
- A penalty of up to $1,000 for each violation may be assessed for failure to comply with these requirements. (See Minn. Stat. § 176.238, subd. 10.)
- If the employee is receiving TTD benefits and is still totally medically disabled from working, then the employee has not yet returned to the job market and a layoff from an employer related to COVID-19 has no impact on their eligibility for continuing TTD benefits. If the employee is receiving TTD benefits and has been released to return to work with medical restrictions that the employer cannot accommodate, a layoff from the employer due to COVID-19 has no impact on the claimant's eligibility for continuing TTD benefits. TTD benefits are still subject to cessation for other reasons in accordance with Minn. Stat. § 176.101, such as 90 days post-service of maximum medical improvement, 130 weeks maximum TTD benefits paid or refusing an offer of suitable work.
- If the employee is receiving TPD benefits while working in a medically restricted capacity and is laid off from the employer due to COVID-19, the employee is no longer eligible for TPD benefits as provided in Minn. Stat.§ 176.101, subd. 2(b). However, Minn. Stat. § 176.101, subd. 1(e)(1), provides that an employee who is laid off for any reason other than misconduct is entitled to recommencement of TTD benefits (unless the employee has already been paid 130 weeks of TTD benefits or is already 90 days post-service of maximum medical improvement). Depending on whether the layoff is permanent or temporary, the employee may be required to search for work to retain entitlement to TTD benefits and may be entitled to vocational rehabilitation benefits.
- Unemployment and workers’ compensation benefits: Minnesota workers' compensation benefits are primary over unemployment benefits under Minn. Stat. § 268.085, subd. 3a. Note that Executive Order 20-29, related to unemployment benefits, does not waive subdivision 3a. Therefore, if an employee who is receiving or is entitled to receive TTD or TPD benefits is laid off, workers' compensation wage-loss benefits are primary over any unemployment benefits that may be payable. The employer and/or the laid-off employee should contact the Minnesota Department of Employment and Economic Development at uimn.org for more information about the interaction between workers' compensation and unemployment benefits.
June 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- The Minnesota Department of Labor and Industry (DLI) has adopted expedited rules governing treatment for post-traumatic stress disorder (PTSD), Minnesota Rules, part 5221.6700, and amending general treatment parameters, Minn. R., part 5221.6050. The rules were approved by the Office of Administrative Hearings on March 26, 2020. The rules were published in the State Register and are effective May 4, 2020. A copy of the adopted rule is available on the DLI rulemaking docket page. More information about the PTSD treatment rules is provided on the PTSD treatment rule checklist. To view the rule and checklist, go to http://www.dli.mn.gov/about-department/rulemaking/rulemaking-docket-minnesota-rules-chapter-52216700-2019?utm_medium=email&utm_source=govdelivery.
- The Department of Labor and Industry (DLI) continues to move forward with its plans for Work Comp Campus, the new workers' compensation claim portal, scheduled for go-live in August. DLI is also reviewing business processes to optimize the overall experience of attorneys and stakeholders who work most closely with DLI, the Office of Administrative Hearings (OAH) and the Workers' Compensation Court of Appeals (WCCA).
- Increased security: State government agencies and businesses have implemented largely remote work arrangements in the wake of the COVID-19 pandemic and Gov. Tim Walz's resulting executive orders. This shift in resources to the online space has also required increased day-to-day efforts and safeguards to promote cyber security and ensure the integrity of information related to workers' compensation cases and claims.
- State 'ZZ' email accounts decommissioned June 1: With increased security in mind, effective June 1, all state "ZZ" email accounts, which attorneys currently use to enter unavailable time, will be decommissioned and no longer supported by Minnesota IT Services (MNIT), the information technology agency for Minnesota's executive branch. Eliminating these email accounts will reduce security risks to the state and promote the overall security of state IT systems. What we are doing instead: Eliminating ZZ accounts also presents an opportunity to expedite a shift in how attorneys communicate with both DLI and OAH. In Campus, it was already intended that attorneys would manage their own calendars. Empowering attorneys to take ownership of their scheduling will ultimately result in a more straightforward user experience for all attorneys.
- At DLI: Effective June 1, and as a precursor to the Campus launch in August, attorneys and their designated staff members should forward unavailable schedule details to DLI by email to workcomp@state.mn.us. DLI will then use this information to try to ensure mediations and administrative conferences are scheduled at times that work for all parties.
- At OAH: OAH will no longer review attorneys' unavailability prior to scheduling. If parties have a conflict with a scheduled proceeding at OAH, they should file a Motion for Continuance to request rescheduling.
- After Campus goes live: After Aug. 31, attorneys can enter their unavailable time directly into Campus. The information in Campus will be available to both DLI and OAH.
- The Department of Labor and Industry (DLI) is adopting Version 3.1 of the Claims Release Standard (ACORD XML format) published by the International Association of Industrial Accident Boards and Commissions (IAIABC), and the corresponding Minnesota implementation guide, for purposes of reporting workers' compensation claims information to DLI on or after Aug. 31, 2020.The Notice of Adoption of Version 3.1 of the IAIABC Claims Release Standard and the corresponding Minnesota implementation guide will be published in the June 1, 2020, edition of the State Register. A copy of the Notice of Adoption is available on DLI's website. A copy of the adopted Minnesota implementation guide is available on DLI's website and provides details about how to electronically submit workers' compensation claims reporting to DLI on or after Aug. 31, 2020. Additional information about electronic data interchange (EDI) is on DLI's website. If you have questions or would like more information, contact DLI at campus.ediguide.dli@state.mn.us or 651-284-5011.
LEGISLATIVE ACTIONS:
- House File 4537 The enacted legislation states that certain employees who contract COVID-19 are presumed to have an occupational disease covered by the Minnesota workers’ compensation law. A new paragraph (f) is added to Minnesota Statutes § 176.011, subdivision 15, of the workers’ compensation law, which applies to occupational diseases. According to this new law, an employee who contracts COVID-19 is presumed to have an occupational disease arising out of and in the course of employment if the employee meets the requirements in clauses 1 and 2. This part of the new law requires that the employee must be employed in one of the following occupations to qualify for the presumption: a licensed peace officer under Minn. Stat. § 626.84, subd. 1, firefighter, paramedic or emergency medical technician; a nurse or health care worker, correctional officer or security counselor employed by the state or a political subdivision at a corrections, detention or secure treatment facility; a health care provider, nurse or assistive employee employed in a health care, home care or long-term care setting, with direct COVID-19 patient care or ancillary work in COVID-19 patient units; or a person required to provide child care to first responders and health care workers under Executive Order 20-02 and Executive Order 20-19. The employee’s contraction of COVID-19 must be confirmed by a positive laboratory test or, if a test was not available for the employee, as diagnosed, based on the employee’s symptoms, by a licensed physician, licensed physician’s assistant or licensed advanced practice registered nurse (APRN). A copy of the positive test or documentation of the diagnosis must be provided to the employer or the employer’s workers’ compensation insurer. If the employee meets the requirements of clauses 1 and 2: the employer or insurer shall only rebut the presumption that the employee’s contraction of COVID-19 is an occupational disease by showing the employee’s employment was not a direct cause of the disease; and if the insurer denies liability for the workers’ compensation claim, the denial must meet the requirements for denials in Minn. Stat. § 176.221, subd. 1. The date of injury for an employee who has contracted COVID-19 is the date the employee was unable to work due to contraction of COVID-19 or was unable to work due to symptoms that were later diagnosed as COVID-19, whichever occurred first. An employee who has contracted COVID-19 but does not meet the requirements of clauses 1 and 2, is not prohibited from claiming an occupational disease as provided in other paragraphs of the occupational disease law (Minn. Stat. § 176.011, subd. 15) or from claiming a workers’ compensation injury under subdivision 16. The commissioner of the Department of Labor and Industry must provide a detailed report by Jan. 15, 2021, about the handling of COVID-19 workers’ compensation claims. The commissioner must give the report to the Workers’ Compensation Advisory Council, and the chairs and ranking minority members of the House of Representatives and Senate committees with jurisdiction over workers' compensation. This law is effective for employees who contract COVID-19 on or after the day following final enactment and sunsets May 1, 2021. Effective Date April 8, 2020.
May 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- A new Minnesota law expands workers' compensation eligibility for first responders and certain health care and childcare workers who contract COVID-19. The law, a summary of the law and FAQs have been posted on the Department of Labor and Industry'. To view information regarding the legislation, go to http://www.dli.mn.gov/updates?utm_medium=email&utm_source=govdelivery.
- The Minnesota Department of Labor and Industry has created a new email address for submission of certain workers' compensation forms, documents, medical records and other correspondence to facilitate compliance with Gov. Tim Walz’s Stay at Home executive orders. Submission via this email address is meant to help stakeholders continue to submit necessary filings and documents related to reportable workers' compensation claims while working from home offices and without ready access to their usual mail or fax submission methods. If you are able to mail or fax documents, continue to do so, to ensure this email inbox will be available for remote workers who do not currently have access to those methods. To view this notice, go to http://www.dli.mn.gov/business/workers-compensation-businesses.
April 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- Announcement regarding workers’ compensation and COVID-19. If you contract a disease that arises out of and in the course of your employment, you may be entitled to workers’ compensation benefits, including payment of wage loss and medical benefits. However, you must show that you contracted the disease due to your employment. If an emergency responder contracts an infectious or communicable disease that they are exposed to in the course of employment outside of a hospital, the disease is presumed to be an occupational disease due to the nature of their employment. If you are not ill but must stay home from work because you were exposed to the virus, you are not entitled to workers’ compensation benefits under current law. Every case is fact-specific. Call the Department of Labor and Industry at 800‐342‐5354 (press 3) if you have a question about whether you are entitled to workers’ compensation benefits.
- On March 13, 2020, Governor Walz issued emergency Executive Order 20-01 declaring a peacetime emergency related to COVID-19 and advising agencies and the public to observe the Minnesota Department of Health (MDH) guidance on community mitigation and other measures to protect public health. In consideration of these measures and the developing COVID-19 situation, DLI encourages qualified rehabilitation consultants (QRCs) to limit in-person meetings and implement social distance measures when providing a rehabilitation consultation and other rehab services to injured workers. Placement vendors and staff that meet with injured workers are also encouraged to conduct meetings by phone or video. Until further notice, the Department of Labor and Industry (DLI) will not take any enforcement action under Minn. R. 5220.0130 against any QRC who conducts a rehabilitation consultation with an injured worker by telephone or video, rather than in person. DLI will keep you informed of any other changes caused by COVID-19. More information on COVID-19 is available on MDH’s web site. Questions? Contact Mike Hill at mike.hill@state.mn.us or 651-284-5373.
- Work comp mediations, conferences to be conducted remotely beginning March 23: The Department of Labor and Industry (DLI) is committed to providing a safe environment for both the people we serve and our employees. Following guidance from Governor Tim Walz and the Minnesota Department of Health, we are taking aggressive steps to prevent the spread of COVID-19, including through social distancing strategies. All DLI services remain available and we are striving to operate in as normal a manner as possible. We have transitioned some staff members to working remotely, but all staff members have the tools to respond and provide service by telephone or email. You can reach us via email at dli.workcomp@state.mn.us or phone at 651-284-5032. You may also contact your assigned mediator for more information.
March 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- The Department of Labor and Industry (DLI) intends to adopt Version 3.1 of the Claims Release Standard published by the International Association of Industrial Accident Boards and Commissions (IAIABC), and the corresponding Minnesota implementation guide, for purposes of reporting workers' compensation claims information to DLI on or after Aug. 31, 2020, and to provide you with an opportunity to comment. The Notice of Intent to Adopt Version 3.1 of the IAIABC Claims Release Standard and the corresponding Minnesota implementation guide was published in the Feb. 18, 2020, edition of the State Register. A copy of the full notice of intent to adopt this electronic data interchange (EDI) standard is available on DLI's website. The notice provides details about how to submit comments and other important information. A copy of the proposed Minnesota implementation guide is available on DLI's website and provides details about how to electronically submit workers' compensation claims reporting to DLI. Additional information about EDI is on DLI's website. The comment period ends at 4:30 p.m., Monday, May 18, 2020. More information: If you have questions or would like more information, contact DLI at campus.ediguide.dli@state.mn.us or 651-284-5011.
February 2020 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- The Department of Labor and Industry (DLI) has partnered with Minnesota IT Services (MNIT), the Workers' Compensation Court of Appeals (WCCA) and national IT consulting firm CapTech to improve workers' compensation for Minnesotans by building the new web-based system, Work Comp Campus, for filing and accessing workers' compensation claims. Campus will allow ready and easy access for all parties involved in a workers' compensation claim to access and manage their claims in real time, online. Quicker access to claim information among all parties will ensure work injuries are reported and compensated in a streamlined process. Building Campus is a big job. Implementation and deployment kicked off in August 2018 and Campus will go live for all users in August 2020. Impacts to trading partners: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. The Minnesota R3.1 Implementation Guide will go into effect when Campus goes live. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. Trading Partners will be able to view metrics and information about their electronic data interchange (EDI) submissions and troubleshoot issues quickly. It is important to note that Minnesota is moving from the current TE (error) model to a TR (reject) model, which may impact timeliness of filings if there are errors on transactions. The final iteration of the Minnesota R3.1 Implementation Guide and Tables will be published in January 2020. Trading partners are encouraged to review these documents and contact us with any questions.
Impacts to rehabilitation providers: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. In Campus, rehabilitation providers will be able to view claim information they are a party to. R-forms will be completed and submitted electronically through Campus. Attachments to R-forms and associated documents can also be attached and uploaded with an R-form. Rehabilitation providers will be able to track R-forms and due dates and receive notifications of any disputes or settlements. In addition, qualified rehabilitation consultant (QRC) registrations and renewals will be completed electronically through Campus.
Impacts to insurers: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. The Minnesota R3.1 Implementation Guide will go into effect when Campus goes live. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties. Insurers will now have the ability to quickly and easily access the full division file, along with any filings submitted and contact information for claim parties. Forms will be able to be submitted electronically or via electronic data interchange (EDI) and requests for information will be handled electronically. The final iteration of the Minnesota R3.1 Implementation Guide and Tables will be published in January 2020. Insurers are encouraged to review these documents and contact us with any questions.
Impacts to law firms: When Campus goes live in August 2020, DLI will no longer be accepting paper transactions, only electronic data. All users, except injured workers, will be required to use Campus. The move to fully electronic data underscores Minnesota's commitment to helping injured workers by ensuring high-quality data can be moved quickly and efficiently between parties.
Preparing for Campus: Campus user training will begin about three months before go-live and will continue through June, July and August 2020. DLI is taking a multi-channel approach to training to ensure we are meeting the needs of our many users and reaching you where you are. Training will consist of a mix of in-person and virtual training courses, as well as on-demand materials. All training will focus on how you will use Campus in your role. More information about training scheduling will be available in spring 2020. You will receive email messages with details. Training schedule information will also be posted on the DLI website.
December 2019 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- Expedited rules for treatment of post-traumatic stress disorder (PTSD); Minnesota Rules part 5221.6700: Pursuant to amendments to Minnesota Statutes § 176.83, subdivision 5 (b)(8), the Department of Labor and Industry (DLI) is required to adopt criteria for treatment of post-traumatic stress disorder (PTSD) in workers' compensation. The statute directs the commissioner to adopt the rules under the expedited rulemaking process in Minn. Stat. § 14.389. DLI published notice of the proposed expedited rules, including a copy of the proposed rules and a citation to the specific statutory authority for the rule, in the State Register as required under Minn. Stat. § 14.389, subd. 2. Notice will also be given to persons who have signed up for the U.S. mail or electronic mail lists for workers' compensation rules. The comment period for these rules ends at 4:30 p.m. on Thursday, Dec. 12, 2019. Availability of rule draft(s) and Statement of Need and Reasonableness. In drafting the rules, the commissioner consulted the Medical Services Review Board (MSRB) as required by statute. MSRB recommended draft rules to the commissioner July 18, 2019. The proposed rules were published in the State Register on Nov. 12, 2019. Under the expedited rule process in Minn. Stat. § 14.389, there is no requirement for a Statement of Need and Reasonableness. Requests for hearing; date and place of hearing. Under the expedited rule process in Minn. Stat. § 14.389, a hearing will be held if 100 or more people request a hearing. Requests for hearing must be made in writing to the agency contact person below by 4:30 p.m. on Thursday, Dec. 12, 2019. To view this notice, go to http://www.dli.mn.gov/about-department/rulemaking/rulemaking-docket-minnesota-rules-chapter-52216700-2019.
November 2019 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- Published the latest version of the agency's newsletter Compact. To view the latest version, go to http://www.dli.mn.gov/business/workers-compensation/work-comp-compact-newsletter?utm_medium=email&utm_source=govdelivery.
October 2019 VIEW PUBLICATION →
FEE SCHEDULE NEWS:
- The Department of Labor and Industry has adopted new Medical, Outpatient and ASC and Inpatient Fee Schedules with an effective date of October 1, 2019. The next updates are expected October 2020.
September 2019 VIEW PUBLICATION →
REGULATORY ACTIVITY:
- The Workers' Compensation Division of the Minnesota Department of Labor and Industry (DLI) will be mandating electronic data interchange (EDI) Release 3.1 XML reporting in August 2020. The adoption of this new release will coincide with the modernized Work Comp Campus. DLI made small updates to the EDI documents that are available on the DLI website. The R3.1 XML Implementation Guide can be found on the DLI website.
- Minnesota published exempt permanent rules relating to workers' compensation; 2019 Adjustment to Relative Value Fee Schedule Conversion Factors and Amendments to Rules Implementing the Workers' Compensation Relative Value Fee Schedule Tables in Minnesota Rules, Chapter 5221Under Minnesota Statutes § 176.136, subd. 1a, the workers' compensation medical fee schedule relative value units are required to be updated according to the Medicare relative value tables every three years, while the conversation factors are to be adjusted annually by no more than the change in the statewide average weekly wage. These exempt rules update the conversion factors, update the relative value units according to the 2019 Medicare relative value tables and amend the workers' compensation rules as necessary to implement the new relative value units. Published notices and comment periods: A Notice of Incorporation by Reference of the July 2019 version of the Relative Value Tables established by the Centers for Medicare and Medicaid Services was published on page 45 of the State Register on July 15, 2019 – https://mn.gov/admin/assets/SR44_3 - Accessible_tcm36-392887.pdf. Additional information about how to access the July 2019 version of the Relative Value Tables established by the Centers for Medicare and Medicaid Services is available on the department's website at dli.mn.gov/business/workers-compensation/work-comp-medical-fee-schedules-rbrvs.
- Pursuant to the exempt rule process in Minn. Stat. § 14.386 (b), no Request for Comment or Notice of Intent to Adopt Rules has been published. To view this notice, go to http://www.dli.mn.gov/about-department/rulemaking/rulemaking-docket-minnesota-rules-chapter-5221-2019.
- Published notice of expedited rules for treatment parameters of post-traumatic stress disorder. Minnesota Rules part 52221.670. Pursuant to amendments to Minnesota Statutes § 176.83, subdivision 5 (b) (8), the Department of Labor and Industry (DLI) is required to adopt criteria for treatment of post-traumatic stress disorder (PTSD) in workers' compensation. The statute directs the commissioner to adopt the rules under the expedited rulemaking process in Minn. Stat. § 14.389. Published notices and comment periods: Under the expedited rule process in Minn. Stat. § 14.389, no Request for Comments was published. DLI will publish notice of the proposed rules, including a copy of the proposed rules and a citation to the specific statutory authority for the rule, in the State Register as required under Minn. Stat. § 14.389, subd. 2. Notice will also be given to persons who have signed up for the U.S. mail or electronic mail lists for workers' compensation rules. Availability of rule draft(s) and Statement of Need and Reasonableness: In drafting the rules, the commissioner consulted the Medical Services Review Board (MSRB) as required by statute. MSRB recommended draft rules to the commissioner July 18, 2019.
- To view a copy of the rule recommended by MSRB, with changes suggested by the Office of the Revisor of Statutes, go to http://www.dli.mn.gov/about-department/rulemaking/rulemaking-docket-minnesota-rules-chapter-52216700-2019. Under the expedited rule process in Minn. Stat. § 14.389, there is no requirement for a Statement of Need and Reasonableness. Requests for hearing; date and place of hearing: Under the expedited rule process in Minn. Stat. § 14.389, a hearing will be held if 100 or more people request a hearing. Timetable/status of the rule proceeding; agency determinations: The Department of Labor and Industry will file the rules for approval with the Office of Administrative Hearings according to Minn. Stat. § 14.389. Date the rule was filed with the Secretary of State and the effective date of the rule as adopted: The adopted rules will be published in the State Register. For procedural questions and to submit comments, contact: Ethan Landy, Office of General Counsel, Email: dli.rules@state.mn.us, Phone: 651-284-5302, Fax: 651-284-5725; For questions about the content of the proposed rules, contact: Laura Zajac, Office of General Counsel, Phone: 651-284-5432, Fax: 651-284-5725.
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