Bill Text: MN HF2894 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Workers' compensation payment provisions modified.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-15 - Introduction and first reading, referred to Commerce and Regulatory Reform [HF2894 Detail]
Download: Minnesota-2011-HF2894-Introduced.html
1.2relating to workers' compensation; modifying payment provisions;amending
1.3Minnesota Statutes 2010, sections 176.101, subdivision 4; 353.656, subdivision
1.42.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 176.101, subdivision 4, is amended to read:
1.7 Subd. 4. Permanent total disability. (a) For permanent total disability, as defined
1.8in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of
1.9the injury, subject to a maximum weekly compensation equal to the maximum weekly
1.10compensation for a temporary total disability and a minimum weekly compensation
1.11equal to 65 percent of the statewide average weekly wage. This compensation shall be
1.12paid during the permanent total disability of the injured employee but after a total of
1.13$25,000 of weekly compensation has been paid, the amount of the weekly compensation
1.14benefits being paid by the employer shall be reduced by the amount of any disability
1.15benefits being paid by any government disability benefit program if the disability benefits
1.16are occasioned by the same injury or injuries which give rise to payments under this
1.17subdivision. This reduction shall also apply to any old age and survivor insurance benefits.
1.18Payments shall be made at the intervals when the wage was payable, as nearly as may
1.19be. In case an employee who is permanently and totally disabled becomes an inmate of
1.20a public institution, no compensation shall be payable during the period of confinement
1.21in the institution, unless there is wholly dependent on the employee for support some
1.22person named in section176.111, subdivision 1, 2 or 3 , in which case the compensation
1.23provided for in section176.111 , during the period of confinement, shall be paid for the
1.24benefit of the dependent person during dependency. The dependency of this person shall
2.1be determined as though the employee were deceased. Permanent total disability shall
2.2cease at age 67 because the employee is presumed retired from the labor market. This
2.3presumption is rebuttable by the employee. The subjective statement the employee is not
2.4retired is not sufficient in itself to rebut the presumptive evidence of retirement but may
2.5be considered along with other evidence.
2.6(b) Notwithstanding the reduction for government disability benefits under
2.7paragraph (a), the permanent total disability benefit shall not be reduced by any total and
2.8permanent duty disability received by a member of the Public Employees Retirement
2.9Association police and fire plan under section 353.656, subdivision 1a.
2.10 Sec. 2. Minnesota Statutes 2010, section 353.656, subdivision 2, is amended to read:
2.11 Subd. 2. Benefits paid under workers' compensation law. (a) If a member, as
2.12described in subdivision 1, is injured under circumstances which entitle the member to
2.13receive benefits under the workers' compensation law, the member shall receive the same
2.14benefits as provided in subdivision 1, with disability benefits paid reimbursed and future
2.15benefits reduced by all periodic or lump-sum amounts, other than those amounts excluded
2.16under paragraph (b), paid to the member under the workers' compensation law, after
2.17deduction of amount of attorney fees, authorized under applicable workers' compensation
2.18laws, paid by a disabilitant if the total of the single life annuity actuarial equivalent
2.19disability benefit and the workers' compensation benefit exceeds: (1) the salary the
2.20disabled member received as of the date of the disability or (2) the salary currently payable
2.21for the same employment position or an employment position substantially similar to the
2.22one the person held as of the date of the disability, whichever is greater. The disability
2.23benefit must be reduced to that amount which, when added to the workers' compensation
2.24benefits, does not exceed the greater of the salaries described in clauses (1) and (2).
2.25 (b) Permanent partial disability payments provided for in section176.101 ,
2.26subdivision 2a, and retraining payments provided for in section176.102, subdivision 11 ,
2.27must not be offset from disability payments due under paragraph (a) if the amounts of
2.28the permanent partial or retraining payments are reported to the executive director in a
2.29manner specified by the executive director.
2.30(c) The reduction in paragraph (a) does not apply to a member who receives a total
2.31and permanent duty disability under subdivision 1a.
2.32 Sec. 3. PROVISIONS NOT SEVERABLE.
2.33The provisions of this act are not severable.
1.3Minnesota Statutes 2010, sections 176.101, subdivision 4; 353.656, subdivision
1.42.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 176.101, subdivision 4, is amended to read:
1.7 Subd. 4. Permanent total disability. (a) For permanent total disability, as defined
1.8in subdivision 5, the compensation shall be 66-2/3 percent of the daily wage at the time of
1.9the injury, subject to a maximum weekly compensation equal to the maximum weekly
1.10compensation for a temporary total disability and a minimum weekly compensation
1.11equal to 65 percent of the statewide average weekly wage. This compensation shall be
1.12paid during the permanent total disability of the injured employee but after a total of
1.13$25,000 of weekly compensation has been paid, the amount of the weekly compensation
1.14benefits being paid by the employer shall be reduced by the amount of any disability
1.15benefits being paid by any government disability benefit program if the disability benefits
1.16are occasioned by the same injury or injuries which give rise to payments under this
1.17subdivision. This reduction shall also apply to any old age and survivor insurance benefits.
1.18Payments shall be made at the intervals when the wage was payable, as nearly as may
1.19be. In case an employee who is permanently and totally disabled becomes an inmate of
1.20a public institution, no compensation shall be payable during the period of confinement
1.21in the institution, unless there is wholly dependent on the employee for support some
1.22person named in section
1.23provided for in section
1.24benefit of the dependent person during dependency. The dependency of this person shall
2.1be determined as though the employee were deceased. Permanent total disability shall
2.2cease at age 67 because the employee is presumed retired from the labor market. This
2.3presumption is rebuttable by the employee. The subjective statement the employee is not
2.4retired is not sufficient in itself to rebut the presumptive evidence of retirement but may
2.5be considered along with other evidence.
2.6(b) Notwithstanding the reduction for government disability benefits under
2.7paragraph (a), the permanent total disability benefit shall not be reduced by any total and
2.8permanent duty disability received by a member of the Public Employees Retirement
2.9Association police and fire plan under section 353.656, subdivision 1a.
2.10 Sec. 2. Minnesota Statutes 2010, section 353.656, subdivision 2, is amended to read:
2.11 Subd. 2. Benefits paid under workers' compensation law. (a) If a member, as
2.12described in subdivision 1, is injured under circumstances which entitle the member to
2.13receive benefits under the workers' compensation law, the member shall receive the same
2.14benefits as provided in subdivision 1, with disability benefits paid reimbursed and future
2.15benefits reduced by all periodic or lump-sum amounts, other than those amounts excluded
2.16under paragraph (b), paid to the member under the workers' compensation law, after
2.17deduction of amount of attorney fees, authorized under applicable workers' compensation
2.18laws, paid by a disabilitant if the total of the single life annuity actuarial equivalent
2.19disability benefit and the workers' compensation benefit exceeds: (1) the salary the
2.20disabled member received as of the date of the disability or (2) the salary currently payable
2.21for the same employment position or an employment position substantially similar to the
2.22one the person held as of the date of the disability, whichever is greater. The disability
2.23benefit must be reduced to that amount which, when added to the workers' compensation
2.24benefits, does not exceed the greater of the salaries described in clauses (1) and (2).
2.25 (b) Permanent partial disability payments provided for in section
2.26subdivision 2a, and retraining payments provided for in section
2.27must not be offset from disability payments due under paragraph (a) if the amounts of
2.28the permanent partial or retraining payments are reported to the executive director in a
2.29manner specified by the executive director.
2.30(c) The reduction in paragraph (a) does not apply to a member who receives a total
2.31and permanent duty disability under subdivision 1a.
2.32 Sec. 3. PROVISIONS NOT SEVERABLE.
2.33The provisions of this act are not severable.
