All employees who sustain an injury arising out of and in the course of and scope of their employment are entitled to a rehabilitation consultation pursuant to Minnesota Statute 176.102, Subd. 4(a). Not only are these injured employees entitled to a rehabilitation consultation, the statute provides that the consultation must be provided if requested by the employee. A rehabilitation consultation
is defined as a meeting of the employee and assigned Qualified Rehabilitation Consultant (QRC) to determine whether the employee is a qualified employee and thus eligible for rehabilitation services. Under Minnesota Workers' Compensation Law, injured workers have certain rehabilitation rights. These rights include the selection of your own Qualified Rehabilitation Consultant (QRC). The employer/insurer will generally refer you to a QRC. However, you may choose your own QRC up to 60 days after a written Rehabilitation Plan is filed with the Department of Labor & Industry. Minnesota Rule 5220.0710, Subp. 1 states:
"Pursuant to Minnesota Statute 176.102, Subd. 4, the qualified employee has a right to choose a qualified rehabilitation consultant as defined in Part 5220.0100, Subp. 23, once during the period commencing before a referral by the insurer or commissioner to a qualified rehabilitation consultant, or before the first in-person visit between a qualified rehabilitation consultant and the employee." The Statute further says that although the insurer may select the QRC for the initial rehabilitation consultation, the employee is not bound by this initial selection. Any further change beyond 60 days after a written Rehabilitation Plan is filed with the DLI, must be mutually agreed upon or determined to be in the best interest of the parties by the Commissioner or a compensation judge.
