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MN Comp BuddyBuilt by Dan Swenson, Robert Wilson & Associates

Can I Change My QRC in Minnesota?

Yes, in a short window. Minnesota law lets you change Qualified Rehabilitation Consultants without insurer approval for 60 days after the rehab plan (R-2) is filed.

By Daniel Swenson, Minnesota workers' compensation attorney, Robert Wilson & AssociatesUpdated Reviewed

Yes, and there is one window where changing is easy. For 60 days after your rehabilitation plan (the R-2 form) is filed with the Department of Labor and Industry (DLI), you can switch to a new qualified rehabilitation consultant (QRC) without the insurer's approval. Outside that window, a change usually takes the insurer's agreement or a formal dispute. (Minn. Stat. § 176.102, subd. 4; Minn. R. 5220.0710.)

When the 60 days starts

The clock runs from the day the R-2 is filed with DLI. It does not run from your injury date, your first call with the QRC, your consultation date, the day you first met the QRC, or the day a rehab consult report showed up in the mail. People miss the window because they count from the wrong event.

Finding out when the R-2 was filed

If you have the R-2 packet, look for a filing stamp, a cover letter that mentions filing, or the mailing date along with the plan itself. If you don't have it or you're not sure, call DLI and ask for the filing date.

  • DLI Workers' Compensation Help Desk, Twin Cities: (651) 284-5005, press 3
  • DLI Workers' Compensation Help Desk, Greater Minnesota: 1-800-342-5354, press 3
  • Alternative Dispute Resolution (ADR): (651) 284-5032

Picking the new QRC

A good switch is one where the new QRC understands your restrictions, has a real view on return-to-work versus retraining, communicates in writing, and is willing to push back professionally when that's needed.

One screening question does most of the work. Ask the prospective QRC what their plan is if the employer can't accommodate your restrictions, and what they do when the insurer says to close the file. You want a real answer, not vague reassurance.

Giving written notice

Even when the change is your right, do it in a way that leaves no room for argument later. A clean notice includes:

  • your name and claim number
  • your date of injury
  • the current QRC
  • the new QRC
  • a statement that you are changing QRCs within 60 days after the R-2 was filed
  • the date of your notice

Send it to your adjuster, the current QRC, and the new QRC, and keep proof of delivery.

Making sure the file actually moves

A common problem is a switch that happens verbally but never on paper. Nobody transfers the rehab file, and the plan sits still for weeks. When you switch, ask the new QRC when they will request the file, when the insurer will acknowledge the change, and when the updated plan or progress report will go out.

If you are outside the 60 days

A change may still be possible, but it often becomes a dispute. You may need the insurer's agreement, or you may need to show good cause in a rehabilitation dispute.

If the QRC is failing you and the window has closed, don't just quit rehab silently. Get advice on how to document the failures and preserve your position.

Don't wait for the closure notice

If the first sign your QRC isn't helping is an R-8 plan closure form in the mail, you've already lost time. If you're unhappy with your QRC and anywhere near the 60-day window, act now rather than later.

Sources

  • Minn. Stat. § 176.102, subd. 4(a) (employee selection and change of QRC within 60 days after the rehab plan is filed)
  • Minn. R. 5220.0710 (change of QRC procedure)
  • Minnesota DLI Workers' Compensation Help Desk contact information

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