LCPR04-052
1.1 ............... moves to amend H.F. No. ....; S.F. No. ....
1.2 (Document LCPR03-253), as follows:
1.3 Page 44, after line 4, insert:
1.4 "Section 1. Minnesota Statutes 2002, section 352.113,
1.5 subdivision 4, is amended to read:
1.6 Subd. 4. MEDICAL OR PSYCHOLOGICAL EXAMINATIONS;
1.7 AUTHORIZATION FOR PAYMENT OF BENEFIT. (a) An applicant shall
1.8 provide medical, chiropractic, or psychological evidence to
1.9 support an application for total and permanent disability.
1.10 (b) The director shall have the employee examined by at
1.11 least one additional licensed chiropractor, physician, or
1.12 psychologist designated by the medical adviser. The
1.13 chiropractors, physicians, or psychologists shall make written
1.14 reports to the director concerning the employee's disability
1.15 including medical expert opinions as to whether the employee is
1.16 permanently and totally disabled within the meaning of section
1.17 352.01, subdivision 17.
1.18 (c) The director shall also obtain written certification
1.19 from the employer stating whether the employment has ceased or
1.20 whether the employee is on sick leave of absence because of a
1.21 disability that will prevent further service to the employer and
1.22 as a consequence the employee is not entitled to compensation
1.23 from the employer.
1.24 (d) The medical adviser shall consider the reports of the
1.25 physicians, psychologists, and chiropractors and any other
1.26 evidence supplied by the employee or other interested parties.
1.27 If the medical adviser finds the employee totally and
1.28 permanently disabled, the adviser shall make appropriate
1.29 recommendation to the director in writing together with the date
1.30 from which the employee has been totally disabled. The director
1.31 shall then determine if the disability occurred within 180 days
1.32 of filing the application, while still in the employment of the
1.33 state, and the propriety of authorizing payment of a disability
1.34 benefit as provided in this section.
1.35 (e) A terminated employee may apply for a disability
1.36 benefit within 180 days of termination as long as the disability
2.1 occurred while in the employment of the state. The fact that an
2.2 employee is placed on leave of absence without compensation
2.3 because of disability does not bar that employee from receiving
2.4 a disability benefit.
2.5 (f) Unless payment of a disability benefit has terminated
2.6 because the employee is no longer totally disabled, or because
2.7 the employee has reached normal retirement age as provided in
2.8 this section, the disability benefit shall cease with the last
2.9 payment received by the disabled employee or which had accrued
2.10 during the lifetime of the employee unless there is a spouse
2.11 surviving; in that event the surviving spouse is entitled to the
2.12 disability benefit for the calendar month in which the disabled
2.13 employee died.
2.14 Sec. 2. Minnesota Statutes 2002, section 352.113,
2.15 subdivision 6, is amended to read:
2.16 Subd. 6. REGULAR MEDICAL OR PSYCHOLOGICAL EXAMINATIONS.
2.17 At least once each year during the first five years following
2.18 the allowance of a disability benefit to any employee, and at
2.19 least once in every three-year period thereafter, the director
2.20 may require any disabled employee to undergo a medical,
2.21 chiropractic, or psychological examination. The examination
2.22 must be made at the place of residence of the employee, or at
2.23 any place mutually agreed upon, by a physician or physicians an
2.24 expert or experts designated by the medical adviser and engaged
2.25 by the director. If any examination indicates to the medical
2.26 adviser that the employee is no longer permanently and totally
2.27 disabled, or is engaged in or can engage in a gainful
2.28 occupation, payments of the disability benefit by the fund must
2.29 be discontinued. The payments shall discontinue as soon as the
2.30 employee is reinstated to the payroll following sick leave, but
2.31 in no case shall payment be made for more than 60 days after the
2.32 medical adviser finds that the employee is no longer permanently
2.33 and totally disabled."
2.34 Page 44, after line 13, insert:
2.35 "Sec. 4. Minnesota Statutes 2002, section 352.113,
2.36 subdivision 8, is amended to read:
3.1 Subd. 8. REFUSAL OF EXAMINATION. If a disabled employee
3.2 refuses to submit to a medical an expert examination as
3.3 required, payments by the fund must be discontinued and the
3.4 director shall revoke all rights of the employee in any
3.5 disability benefit."
3.6 Page 45, line 10, after "medical" insert ", chiropractic,
3.7 Page 45, line 13, after "physician" insert "chiropractor,
3.8 Page 45, line 14, before "or" insert "chiropractors,
3.9 Page 45, line 24, strike "physicians'" and delete the
3.10 underscored language
3.11 Page 45, line 25, after "reports" insert "by the
3.12 physicians, chiropractors, or psychologists"
3.13 Page 47, line 30, after "physician," insert "by a licensed
3.14 chiropractor,"
3.15 Page 49, line 27, after "(b)" delete the balance of the
3.16 line
3.17 Page 49, delete lines 28 and 29
3.18 Page 49, line 30, delete "(c)" and insert "(b)"
3.19 Page 49, line 33, delete "(d)" and insert "(c)"
3.20 Page 50, line 1, delete "(e)" and insert "(d)"
3.21 Page 50, line 7 delete "(f)" and insert "(e)"
3.22 Page 50, lines 22, 23, and 24, delete the underscored
3.23 language
3.24 Page 52, line 34, after "physician," insert "by a licensed
3.25 chiropractor,"
3.26 Page 53, line 23, before the second "the" insert "(a)"
3.27 Page 53, line 25, after "physicians" insert ", licensed
3.28 chiropractors,"
3.29 Page 53, line 26, before "these" insert "(b)" and before
3.30 "or" insert "chiropractors,"
3.31 Page 53, line 31, before "The" insert "(c)"
3.32 Page 53, line 36, before "If" insert "(d)"
3.33 Page 54, line 5, before "An" insert "(e)"
3.34 Page 54, line 15, strike "a medical" and insert "an expert"
3.35 Page 54, line 16, before the first "or" insert "by a
3.36 chiropractor or chiropractors,"
4.1 Page 54, line 25, after "physicians" insert ", the
4.2 chiropractors," and after "or" insert "the"
4.3 Page 54, line 34, before "or" insert "licensed
4.4 chiropractors,"
4.5 Page 55, line 16, after "physicians" insert ", licensed
4.6 chiropractors,"
4.7 Page 55, line 18, before "or" insert "chiropractor,"
4.8 Page 55, line 21, strike "physician's" and delete "or"
4.9 Page 55, line 22, delete "psychologist's" and after
4.10 "opinion" insert "of the physician, chiropractor, or
4.11 psychologist"
4.12 Page 55, line 33, before "or" insert "chiropractors,"
4.13 Page 56, line 20, after "physicians" insert ", by a
4.14 chiropractor or chiropractors,"
4.15 Page 56, line 22, before the first "or" insert "the
4.16 chiropractor or chiropractors,"
4.17 Page 56, line 26, strike "physician's" and delete "or"
4.18 Page 56, line 27, delete "psychologist's" and after
4.19 "opinion" insert "of the physician, chiropractor, or
4.20 psychologist"
4.21 Page 56, line 31, after "physician" insert ", of the
4.22 chiropractor,"
4.23 Page 56, line 32, after "psychologist" insert an
4.24 underscored comma and after "impairment" insert an underscored
4.25 comma
4.26 Page 57, line 7, after "physicians" insert ", chiropractor
4.27 or chiropractors,"
4.28 Page 57, lines 28 and 29, after "physician" insert ",
4.29 chiropractor,"
4.30 Page 58, lines 9 and 29, after "physicians" insert ", one
4.31 or more chiropractors,"
4.32 Page 59, line 3, before "licensed" insert "chiropractors,"
4.33 Page 60, line 31, after "physician" insert "or chiropractor"
4.34 Renumber the sections in sequence
4.35 Correct the internal references
4.36 Amend the title accordingly