If you have received a Notice of Intent to Discontinue Benefits, more commonly referred to as a NOID, then the workers’ compensation insurance company is attempting to stop payment of your ongoing wage loss benefits. Before an insurance company can cut off your wage loss benefits they must first issue you a written notice of their intent to do so. The insurer must also send notice to the Minnesota Workers’ Compensation Division. Failure to do so may result in monetary penalties to the insurance company.
You have a very limited time period within which to object to the insurance company’s attempt to discontinue paying your benefits. Generally, you only have 12 days. You do not have to automatically accept that your wage loss benefits will be terminated as determined by the workers’ compensation insurance carrier. If you do not have a workers’ compensation attorney, you should retain one as soon as possible.
Likely, your attorney will object to the NOID and request a conference for the matter to be heard in front of an Administrative Law Judge at the Office of Administrative Hearings. The ensuing conference is referred to as a .239 Conference because the procedures creating the conference are located in Minnesota Statute § 176.239. In the interim before the .239 Conference, which is typically set for a few weeks after an objection is filed with the Office of Administrative Hearings, you will not receive wage loss benefits. Unless you returned to work, in which case your benefits will immediately cease, you will only receive benefits through the date of the written NOID.