Minnesota Administrative Rules

5220.0750 RETRAINING.

Subpart 1.

Purpose.

The purpose of retraining is to return the employee to suitable gainful employment through a formal course of study. Retraining is to be given equal consideration with other rehabilitation services, and proposed for approval if other considered services are not likely to lead to suitable gainful employment.

Subp. 2.

Plan submission.

A proposed retraining plan shall be filed on a form prescribed by the commissioner and must contain substantially the following:

A.

identifying information on the employee, employer, insurer, and assigned qualified rehabilitation consultant;

B.

the retraining goal;

C.

information about the formal course of study required by the retraining plan, including:

(1)

the name of the school;

(2)

titles of classes;

(3)

the course's length in weeks, listing beginning and ending dates of attendance;

(4)

an itemized cost of tuition, books, and other necessary school charges;

(5)

mileage costs; and

(6)

other required costs;

D.

starting and completion dates;

E.

preinjury job title and economic status, including, but not limited to preinjury wage;

F.

a narrative rationale describing the reasons why retraining is proposed, including a summary comparative analysis of other rehabilitation alternatives and information documenting the likelihood that the proposed retraining plan will result in the employee's return to suitable gainful employment;

G.

dated signatures of the employee, insurer, and assigned qualified rehabilitation consultant signifying an agreement to the retraining plan; and

H.

an attached copy of the published course syllabus, physical requirements of the work for which the retraining will prepare the employee, medical documentation that the proposed training and field of work is within the employee's physical restrictions, reports of all vocational testing or evaluation, and a recent labor market survey of the field for which the training is proposed.

Subp. 3.

Amendment.

The commissioner or a compensation judge may amend a retraining plan at the request of an employee if the employee believes that the occupation the employee is being trained for is not suitable, and if the employee's request is made within 90 days from the commencement date of the retraining. No more than one change shall be permitted for this reason. Other amendments may be requested by the parties according to part 5220.0510.

Subp. 4.

[Repealed, 17 SR 3361]

Subp. 5.

Retraining plan approval.

When the retraining plan is submitted to the commissioner, the commissioner shall review the proposed retraining plan within 30 days of its submission and notify the parties of plan approval or denial. The commissioner may also request additional information from the parties, confer with the parties, recommend modifications and otherwise seek agreement about the plan. The commissioner may make a determination or pursue resolution of questions regarding the plan consistent with part 5220.0950, subpart 3.

Subp. 6.

Disputes.

In the case of a dispute about a retraining plan, any party may file a rehabilitation request for assistance according to Minnesota Statutes, chapter 176 or part 5220.0950.

Statutory Authority:

MS s 176.102; 176.83

History:

16 SR 2520; 17 SR 3361

Published Electronically:

June 11, 2008