Monday, June 29, 2009

Meuser & Associates Secures Award of Penalties Where Insurance Company Failed to File a Notice of Intent to Discontinue Benefits (NOID)

As I previously wrote about, Meuser & Associates recently went to trial on a gentleman’s workers’ compensation case. Among other things, we made a claim for penalties against the insurance company because they failed to file a Notice of Intent to Discontinue Benefits (NOID) before discontinuing our client’s wage loss benefits. They did this not just once, but on two separate occasions.

I’m pleased to report that the judge not only awarded over $12,000.00 in wage loss benefits that the insurance company should have paid to our client, but the judge also awarded over $4,000.00 in penalties that the insurance company must pay our client in addition to the wage loss benefits. This is because the workers’ compensation insurer violated Minnesota Statute § 176.238(1), which provides that the employer and insurer may not discontinue payment of wage loss benefits until written notice is filed. The usual method of providing notice is through the use of a form called a Notice of Intention to Discontinue Benefits (NOID). The judge also assessed penalties in excess of $1,000.00 against the insurance company to be paid to the state.

While not every delay in payment by the insurance company is grounds for a claim for penalties, there are some cases in which the employer’s or insurer’s actions are in serious violation of the rules, and those cases warrant a claim for penalties. Unfortunately, we frequently see insurance companies that either intentionally violate the rules and timeframes for payment, or that simply don’t know the rules well enough to follow them. If you have questions about your workers’ compensation claim, or questions about whether you may be entitled to penalties from the insurance company, call us for a free, no-obligation consultation. Call Meuser & Associates at 952-345-2052 or click here to send us an email to schedule a free consultation.

Visit Minnesota Workers' Compensation and Personal Injury Law Firm, Meuser & Associates, P.A., at
Related Posts with Thumbnails