Understanding the Notice of Intent to Discontinue (NOID) Form in Workers' Compensation

In Minnesota workers' compensation, the Notice of Intent to Discontinue (NOID) form serves a crucial purpose. Its primary function is to notify employees of a reduction or discontinuance of wage loss benefits, specifying the amount of benefits paid on the claim to-date, and informing them of their right to an administrative conference (Minn. Stat. 176.239). Let's delve deeper into the significance of the NOID form, its key components, and how it should be completed.

Purpose and Importance

The NOID form plays a pivotal role in the workers' compensation process. It ensures that employees are informed about any changes to their wage loss benefits, providing transparency and clarity regarding the amount of benefits paid and their rights. Additionally, the form serves as a tool for the Department of Labor and Industry to review for compliance with statutes and court rules, verify benefit calculations, and gather statistical data related to workers' compensation claims.

When to File

Filing the NOID form is essential under specific circumstances:

1. Return to Work: When an employee returns to work at full wage, the NOID form should be filed.

2. Return to Work at Reduced Wage: Similarly, if an employee returns to work but at a reduced wage, the form must be filed.

3. Other Reasons: The form should also be filed for reasons other than a return to work that warrant a discontinuance or reduction of benefits.

   Note that a NOID is not required to discontinue benefits if an amended notice of primary liability is filed within 60 days (see Minn. Stat. 176.221).

How to Complete the Form

Completing the NOID form requires attention to detail and adherence to specific guidelines:

1. Front Page: The front page must include complete claim identifying information, such as WID/SSN, date of injury, employee name, employer, insurer, and claim number. It should also specify the type of benefit being discontinued (TTD, TPD, or PTD) and the reason for discontinuance.

2. Back Page: The back side of the form should be filled out completely and accurately. For TTD and PTD, each period of benefits paid should be reported separately, including from date, through date, number of weeks paid, compensation rate, and total benefits paid for each period. For TPD and retraining benefits, each period should also be listed separately. For PPD, the percent of PPD, date of injury, type of benefit, weeks, rate, and total amount of PPD paid should be entered.

3. Attorney Fee Expenses: If applicable, attorney fee expenses should be entered accurately on the form.

4. Insurer Information: The form should include the insurer's information, claim representative's name, and phone number. No signature is required.

5. Service Dates: It is crucial to fill in the date served on the employee, especially when the discontinuance is for reasons other than return to work.

Conclusion

The Notice of Intent to Discontinue (NOID) form serves as a vital tool in the workers' compensation process, ensuring transparency and adherence to regulations. By understanding its purpose and correctly completing the form, all parties involved can navigate the workers' compensation system more effectively. If you have received a NOID and are concerned about whether it was done correctly and appropriately, give a work comp personal injury attorney a call. Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.