Minnesota Adds Stricter Guidelines for Rehabilitation Services in Work Comp Claims

Injured Minnesota employees who seek services from the Department of Labor and Industry’s Vocational Rehabilitation unit (VRU) while their disputed workers’ compensation claim goes through the litigation process will soon face new eligibility rules.

Effective Aug. 1, 2024, if the sole dispute in a claim regards discontinuance of compensation, an employee eligible for rehabilitation services may be referred to VRU only after there is an administrative decision on the discontinuance and an objection to that decision filed by the employee or employer.

VRU serves as a safety net rehabilitation provider for employees while their disputed workers’ compensation claim is litigated. Recent legislation clarifies when VRU can provide services and, in certain instances, will impact the timeline in which private qualified rehabilitation consultants (QRCs) withdraw from an employee’s rehabilitation plan and send a referral to VRU for continued services.

VRU continues to serve employees when there is dispute regarding medical causation or whether an injury arose out of and in the course and scope of employment and the employee is otherwise eligible for rehabilitation services under Minnesota Statutes section 176.102, prior to determination of liability.

The Minnesota Department of Labor and Industry provides these tips for QRCs considering withdrawing:

• If the sole dispute is regarding discontinuance of compensation, file your R-3 Rehabilitation Plan Amendment to withdraw only after the employee or employer has filed an objection to the administrative decision on discontinuance.
• File your R-3 withdrawing if there is written documentation of a denial of further liability and related litigation. Most often, an employee’s claim petition is filed to initiate litigation.
• Check “withdrawal of QRC” on your R-3. Attach your narrative report and costs to date, broken down by service code, when you file your R-3 with the Department of Labor and Industry and distribute it to the parties.
• If you are uncertain if you can withdraw, reference the 2024 workers’ compensation legislation, 2024 Minnesota Session Laws, Chapter 97 – H.F. 4661, Sec. 8, and the Minnesota Rehabilitation Rules 5220.0510, subpart 7a. If you still have questions, contact the Workers’ Compensation Division Help Desk at 651-284-5005 (press 3), 800-342-5354 (press 3) or helpdesk.dli@state.mn.us.
• If the criteria are not met for VRU to provide services, VRU will notify you, the parties and the Department of Labor and Industry that it cannot accept the referral and you remain the assigned QRC.

Source: Minnesota Department of Labor and Industry

Topics Claims Workers' Compensation Minnesota