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April 2008

SFM Up North
A publication from the Duluth offices of SFM Companies
Editor: Kathleen S. Bray, Attorney

THIS MONTH'S TOPICS:

Preventing needless work disability: Acknowledge the contribution of motivation on outcomes and make changes to improve incentive alignment, Part 1

This article is a continuing discussion of the American College of Occupational and Environmental Medicine's (ACOEM) 2006 guideline entitled "Preventing Needless Work Disability by Helping People Stay Employed." The full text of the guideline is published on the ACOEM's website. 

Part of the struggle with preventing needless work disability is systemic--physicians are rarely compensated or rewarded for disability prevention or disability management. The ACOEM guideline has suggested new CPT codes that address disability management, but recognizes the potential for abuse. Therefore, the guideline also suggests that any allowed billing for disability management or prevention services be treated as a privilege, not a right. Providers would need to complete training and produce a pattern of "evidence-based care and good faith effort" toward the stay-at-work/return-to-work (SAW/RTW) process.

The guideline also recognizes the often-conflicting patient loyalties faced by the physicians. The guideline provides ideas for best practices that encourage a more collaborative and less adversarial relationship with the treating physician in the SAW/RTW process, including:

  • Having employers and insurers take charge of employment decisions from the beginning, rather than letting or delegating to the physician decisions concerning employment.
  • Providing physicians with the necessary information concerning available transitional or temporary light duty work, and emphasizing the philosophy and expectation that employees recover on the job.
  • Reinforcing with the physician that the employer will carefully follow any restrictions or guidelines outlined by the doctor.
  • Asking physicians to address functional abilities and restrictions, rather than asking for current or projected return-to-work dates.

Look for Part II of this discussion concerning changing incentives and motivations in the RTW/SAW process in next month's newsletter.

Paying wages after employee quits or resigns

An employee who quits or resigns from employment with a Minnesota employer is entitled to prompt payment of any earned wages. Full payment is required no later than twenty (20) days after the employee's last day of employment. Typically, the final paycheck for earned and unpaid wages or commissions must be paid to the employee by the employer no later than the first regularly scheduled payday following the employee's last day of employment. If a collective bargaining agreement provides for different terms of payment, the employer is obligated to follow those instead. See Minn. Stat. sec. 181.14, subd. 1(a).

In cases of migrant workers or employees performing work of a transitory nature that requires a change of residence (e.g. construction or maintenance work on roads or highways, sewers or ditches; clearing land), the employer has a shorter time period in which to issue the final paycheck. See Minn. Stat. sec. 181.11 and Minn. Stat. sec. 181.14, subd. 1(b).

Last paychecks are made available at the usual place of payment, unless the employee asks the employer to mail the final check to him or her. Final checks that are mailed to the employee are considered paid as of the date of the postmark. If the wages are not paid as required, the employer may be liable for additional wages as a penalty or damages. See Minn. Stat. sec. 181.11 and Minn. Stat. sec. 181.14, subd. 2.

New Minnesota patient handling requirements reminder

The deadline for healthcare facilities to develop patient handling plans is drawing closer. Employers must develop the plans and form a safe patient handling committee by July 1, 2008. The deadline for implementation of the patient handling plan is January 1, 2011. The Safe Patient Handling Act, Minn. Stat. ss. 182.6551 to 182.6553, has the goal of minimizing lifting performed by people, and instead requiring the use of safe patient handling equipment to transfer, move or reposition patients. The components of the required plan and safe patient handling committee are outlined in the statute.

If SFM policyholders have questions regarding these required plans and committees, they can contact SFM Loss Prevention Team Leader Joe Morin, at 952-838-4309 or 800-937-1181, ext. 4309.

Time limits for filing claims under the Minnesota Workers' Compensation Act

An employee has between three and six years to file a claim for workers' compensation benefits following the date of the accident. If a First Report of Injury has been filed with the Minnesota Department of Labor and Industry, the employee must file a claim to recover benefits within three years of that filing. If no First Report of Injury has been filed, then the employee has up to six years to file a claim. See Minn. Stat. sec. 176.151(1). If the claim involves a work-related death of an employee, the employee's dependents must file their action to recover benefits within three years following the employer's filing of the notice of death with the Minnesota Department of Labor and Industry. If no report is filed, the dependents then have up to six years to file the claim. See Minn. Stat. sec. 176.151(2).

Claims involving occupational diseases also potentially have extended time limitations periods. Occupational disease claims require the employee to give the employer notice and commence an action within three years after the employee gains knowledge of the cause of disability, and the alleged injury has resulted in disability. See Minn. Stat. sec. 176.151(4).

When the employee's claim involves an alleged Gillette injury, the employee's period to give notice to the employer regarding the injury does not begin to run until the employee recognized the probable compensability of the injury. Determining the point in time at which the employee had this knowledge is often the subject of litigation.

NOTICE: The distribution and receipt of the information provided in this newsletter does not create or continue any attorney-client relationship. The information provided is general in nature and should not be treated as legal advice concerning any particular set of facts or circumstances. Recipients should consult with their attorney before acting on any information discussed in each issue.

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