When the insurance company decides that they are going to stop paying you wage loss benefits they are required under the law to file what is called a Notice of Intention to Discontinue Benefits or NOID. The form you receive provides various instructions on how to request a conference concerning your benefits. Typically, you have a very short window, sometimes 12 days, in order to request a conference. You want to make sure that you request a conference as the conference will provide you with an opportunity to dispute and contest the stopping of your wage loss benefits. This type of conference is called a “.239” Conference. If you fail in requesting a conference in a timely fashion, you may then be required to file a Claim Petition or an Objection to Discontinuance in order to get your benefits reinstated.
The NOID must “set forth a statement of facts clearly indicating the reason for the action.” Copies of medical reports relied on by the employer must be attached to the notice. The NOID shall be sufficiently specific to convey clearly, without further inquiry, the basis upon which the party issuing the notice or statement is acting.” It must contain the “legal reason or reasons for the proposed discontinuance or reduction, stated in language which may be easily read and understood by a person of average intelligence and education, and in sufficient detail to inform the employee of the factual basis for the discontinuance or reduction,” along with copies of relevant medical reports.
If you have not received an NOID you may also contact the Office of Administrative Hearings to request a conference or contact the Department of Labor and Industry. It may also be in your best interest to talk to a lawyer and discuss what your other options may be.
Some injured workers do attend the .239 Conferences on their own, but in most cases it would be in the injured worker’s best interest to have representation to make the necessary arguments to the compensation judge in order to get the benefits reinstated. We at Mottaz & Sisk offer free consultations for injured workers to discuss their legal options. Because things move fairly quickly once an NOID has been filed it is important that if you wish to speak with an attorney that you do so within a reasonable timeframe. Our office will work diligently to schedule a time to meet with you as promptly as possible. And, if you do retain our office to represent you, we will then take the necessary steps to attempt to get your benefits reinstated.