Minnesota Work Comp. and Notice of Intent to Discontinue (NOID) Benefits

If you have received a Notice of Intent to Discontinue Benefits (NOID), you should probably contact an attorney if you do not already have one. Workers’ compensation insurance companies are required to file a Notice of Intent to Discontinue Benefits and to send you a copy as well, if they intend to discontinue your wage loss benefits.

Work comp. insurers can attempt to discontinue your benefits for a variety of reasons, including a return to work at full wages, a return to work at reduced wages, or for other reasons. The insurance company’s reason, however, may not be valid. In some cases, the insurance company’s attempt to discontinue your benefits is improper, and in many cases, a strong argument can be made that your wage loss benefits should not be discontinued.

If you disagree with the reason that the insurance company is attempting to discontinue your benefits, you have a very limited time to object to the discontinuance. If the discontinuance is based on your return to work, you have up to 30 days from the date you returned to work to object. Note that if the insurer delayed in filing the NOID, you may only have about two weeks to object. If it is based on another reason, you have up to 12 days to object. You can call the Minnesota Department of Labor and Industry at 1-800-342-5354 to object by telephone.

If you object to the discontinuance within these time frames, a conference will be scheduled shortly afterward. If you do not object within these time frames, you can file an Objection to Discontinuance, and a conference will be scheduled within about 60 days. If you fail to follow either of these procedures, which typically resolves the issue within a relatively short period of time, you can still file a Claim Petition alleging entitlement to the discontinued benefits. This process takes significantly more time than objecting to the discontinuance.

While it is possible to object to a Notice of Intent to Discontinue (NOID) benefits, and attend the conference and present your case on your own, the legal issues that arise can be very complex. It is probably wise to contact an experienced workers’ compensation attorney to help you through the process.

If you’ve received a Notice of Intent to Discontinue (NOID) benefits, it is important that you take action right away to avoid unnecessary delays in receiving ongoing wage loss benefits. Failure to take any action in response to a Notice of Intent to Discontinue (NOID) benefits can substantially delay receipt of the benefits you are entitled to.

Call Meuser & Associates at 877-746-5680 or click here to send us an email to schedule a free consultation. We’re happy to provide a free evaluation of your case to determine if there is a basis to object to the discontinuance.

Visit our personal injury and workers' compensation website at MeuserLaw.com!