What Is a NOID in Minnesota Workers' Comp?
A NOID is the insurer's notice that wage-loss checks will stop. Minn. Stat. 176.238 and 176.239, the short window to object, and what to do the day it arrives.
A NOID (Notice of Intention to Discontinue benefits) is the form a Minnesota workers' comp insurer must file before it stops or reduces the wage-loss checks it has been paying. If one shows up in your mail, the insurer is not thinking about stopping your benefits. It has already decided to, and the clock for you to do something about it is already running.
What the NOID actually is
On an admitted claim, an insurer can't just quietly stop paying. Minn. Stat. § 176.238 requires it to serve you (and file with the state) a written notice stating the date benefits will stop or change, the reason (returned to work, released to work by a doctor, an IME report, alleged non-cooperation), and the documents it relies on, commonly an IME report or a doctor's release.
The reason matters. Some grounds take effect immediately (you actually returned to work at full wage). Contested grounds ("our IME says you're fine") are exactly what the objection process exists for.
The deadline to object
You can ask for an expedited administrative conference under Minn. Stat. § 176.239. The deadline depends on the ground:
- Most discontinuances: the request generally must reach the commissioner within 12 calendar days after DLI receives the NOID.
- Return to work: if you believe benefits should be reinstated after a return, the request is generally due within 30 calendar days after return to work.
The conference itself happens quickly, and the decision comes quickly. Use the NOID response tool for the trigger-specific windows.
Miss the window and the discontinuance takes effect. Your remedy shifts to a slower objection process (an Objection to Discontinuance, heading toward a formal hearing) while your checks are stopped. Same dispute, but now you're fighting without income.
What to do when a NOID arrives
- Note the filing date on the form and count your days. Today is the day to act, not Friday.
- Call or text me at (651) 283-8747, or send the NOID through the free case review form. With the NOID, or even just the information on it, I can file the objection immediately and get a .239 conference set, usually within two to four weeks. That is not much time to gather medical records, a narrative report from your doctor, and the rest of the evidence, so the call needs to happen now, not after you have thought it over.
- Read the stated reason and the attached report. If it's an IME report, read what the doctor actually says about restrictions. It's often more nuanced than the NOID's summary. See what happens at an IME.
- Get your ducks in a row with your doctor. Current written restrictions and a clear chart note on causation and work ability are what win these. Gather your work status, wage records, and anything showing you cooperated with rehab and job search. The conference is short, and the written record is usually what the decision turns on.
- The call costs nothing. Attorney fees in discontinuance disputes are capped by Minn. Stat. § 176.081 and come only out of benefits recovered. You are allowed to request the conference yourself, and the form tells you how, but the evidence work is what decides it and that is where an attorney matters.
While the fight is on, check the math
If benefits continue (or are reinstated), verify the rate is right. Discontinuance season is also when rate mistakes creep in. The TTD calculator shows what your check should be, and the deadlines calculator maps the dispute windows from your actual dates.
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Call or text Dan Swenson, the Minnesota work comp attorney who wrote this guide. He will tell you whether the pattern here fits your claim and what the next step is. If there is nothing to do, you will hear that too.
You will reach Dan Swenson, Minnesota workers' comp attorney at Robert Wilson & Associates and the person who built this site. The call is free. The tools stay free either way.
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