The workers’ compensation system is not designed to pay workers indefinitely after an injury, and if the insurance company feels they are within their rights to stop making payments to you for whatever reason, they may send you a NOID, which stands for a Notice Of Intent to Discontinue. If you’ve been notified that the insurance company plans to stop paying your benefits, but you believe you should be able to continue receiving payments, what can you do? You’ll petition for a 239 conference. We explain what that means and how these conferences are conducted in today’s blog.
Contesting A NOID With A 239 Conference
As we mentioned above, if you receive a NOID, you can do one of two things. You can either accept that your benefits will expire, or you can fight to keep receiving them. If you hope to keep earning injury benefits or believe the NOID was sent incorrectly, you’ll petition for a 239 conference. You can have your lawyer file that petition, or you can fill out the paperwork here and either e-file the document or mail it in. You can also call the Minnesota Office of Administrative Hearings at (651) 361-7901 and request a hearing. If calling, you’ll need the following information:
- Your name and contact information.
- Your worker identification number.
- Your date of injury.
- The date the NOID was served.
- Which box on the NOID is checked. If box 1 or 2 is checked, state the return to work date. If box 3 is checked, state the reason.
- If no NOID was filed, the final payment date.
- The names of the employer, insurer, the insurer’s attorney and the QRC, if this information is known.
- If an interpreter is needed, and for what language.
If you receive a NOID, don’t drag your feet in requesting this 239 hearing. You usually have to request this hearing within 12 days of receiving the NOID. The conference will typically be scheduled within 30 days.
Although these conferences are somewhat informal, in that you’re not under oath and no live testimony is given, a judge will hear arguments from both sides as to whether or not benefits should continue. The other side will likely send lawyers to make their case, and you should do the same. Going in unprepared or facing off against a professional is a quick way to have your benefits discontinued. Have a professional in your corner and let them go to bat for you during your 239 hearing.
The judge is required to issue a decision within five business days. If the judge rules in your favor, your benefits will be reinstated. If the judge sides with the insurance company, your benefits will cease on the originally scheduled date. That being said, both sides can legally appeal this decision. If you win, don’t be surprised if the insurance company files a Petition to Discontinue. If you lose, your lawyer may opt to file an Objection to Discontinuance. Both of these appeals will lead to a more formal hearing that will then decide the matter.
Don’t get taken advantage of by the insurance company because they filed a NOID or plan to send attorneys to your 239 conference. Bring your own lawyer to the table and let them help you keep the benefits you deserve. For more information, or for help with a different injury issue, reach out to the team at Hey Workers today at (844) 439-9675.
