Vocational rehabilitation can be crucial to helping employees get back to work after a serious injury. This often involves learning how to do another job if an injured worker can no longer perform their old one.
Typically, workers who are approved for workers’ comp benefits go to private qualified rehabilitation consultants (QRCs). However, the Minnesota Department of Labor and Industry (DLI) has a Vocational Rehabilitation Unit (VRU) that can provide these services if a worker is disputing a workers’ comp denial or discontinuance of rehabilitation benefits. The VRU is considered a safety net to help ensure that Minnesotans can develop the skills they need to be able to continue earning a living once they have sufficiently healed from an injury.
What if an employee is in the process of a workers’ compensation claim dispute?
Earlier this year, Minnesota Gov. Tim Walz signed a law that includes changes to the state’s “rehabilitation discontinuance” regulation regarding disputes of workers’ comp benefit discontinuation. The change took effect on Aug. 1, 2024.
The change in the law provides new requirements for QRCs to discontinue their services for a worker and refer them to the VRU for continued rehabilitation. The law now states, “Once the employer or insurer has accepted liability for a claim and a rehabilitation plan has been approved, the employer or insurer may not discontinue payment of rehabilitation services until notice has been filed with the commissioner and served on the qualified rehabilitation consultant, the employee, and the attorney representing the employee, if any.”
Further, the notice needs to provide a “statement of facts clearly indicating the reason for the action” and the date of discontinuation. If there has been an administrative decision to discontinue a person’s workers’ comp benefits and the worker or their employer has filed an objection to that decision, a QRC can then refer them to the VRU for continued rehabilitation. However, until then, they’re required to continue to serve them.
This change is going to affect when and how QRCs can discontinue their services to employees and provide referrals to the VRU. Likely, there will be some confusion. Therefore, it’s crucial for workers to protect their right to continued rehabilitation services from the QRC with whom they’ve been working if they don’t have to be referred to state rehabilitation services. Having experienced legal guidance can help workers navigate the system accordingly.
