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Subdivision 1.Amount.
For injuries occurring after October 1, 1975, for which benefits are payable under section 176.101, subdivisions 1, 2 and 4, and section 176.111, subdivision 5, the total benefits due the employee or any dependents shall be adjusted in accordance with this section. On October 1, 1981, and thereafter on the anniversary of the date of the employee's injury the total benefits due shall be adjusted by multiplying the total benefits due prior to each adjustment by a fraction, the denominator of which is the statewide average weekly wage for December 31, of the year two years previous to the adjustment and the numerator of which is the statewide average weekly wage for December 31, of the year previous to the adjustment. For injuries occurring after October 1, 1975, all adjustments provided for in this section shall be included in computing any benefit due under this section. Any limitations of amounts due for daily or weekly compensation under this chapter shall not apply to adjustments made under this section. No adjustment increase made on or after October 1, 1977, but prior to October 1, 1992, under this section shall exceed six percent a year; in those instances where the adjustment under the formula of this section would exceed this maximum, the increase shall be deemed to be six percent. No adjustment increase made on or after October 1, 1992, under this section shall exceed four percent a year; in those instances where the adjustment under the formula of this section would exceed this maximum, the increase shall be deemed to be four percent. For injuries occurring on and after October 1, 1995, no adjustment increase made on or after October 1, 1995, shall exceed two percent a year; in those instances where the adjustment under the formula of this section would exceed this maximum, the increase shall be deemed to be two percent. For injuries occurring on and after October 1, 2013, no adjustment increase shall exceed three percent a year. If the adjustment under the formula of this section would exceed three percent, the increase shall be three percent. No adjustment under this section shall be less than zero percent. The Workers' Compensation Advisory Council may consider adjustment or other further increases and make recommendations to the legislature.
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Subd. 2.Time of first adjustment.
For injuries occurring on or after October 1, 1981, the initial adjustment made pursuant to subdivision 1 is deferred until the first anniversary of the date of the injury. For injuries occurring on or after October 1, 1992, the initial adjustment under subdivision 1 is deferred until the second anniversary of the date of the injury. The adjustment made at that time shall be that of the last year only. For injuries occurring on or after October 1, 1995, the initial adjustment under subdivision 1 is deferred until the fourth anniversary of the date of injury. The adjustment at that time shall be that of the last year only. For injuries occurring on or after October 1, 2013, the initial adjustment under subdivision 1 is deferred until the third anniversary of the date of injury. The adjustment made at that time shall be that of the last year only.
Notes of Decisions
Krumm v. R. A. Nadeau Co., 276 N.W.2d 641 (Minn. 1979).
· cites it 18× “1975, § 176.645, and Minn.St.1977, § 176.645, which provide for a yearly cost-of-living adjustment in disability benefits commencing October 1, 1976, and every October 1 thereafter, apply to all employees who become entitled to disability benefits in the year following each…”
Redland v. Nelson's Quality Eggs, Inc., 291 N.W.2d 371 (Minn. 1980).
· cites it 14× “How, if at all, does the adjustment of benefits contained in Minn.Stat. § 176.645 (1978) apply to section 176.”
Broos v. Portec, Inc., 376 N.W.2d 688 (Minn. 1985).
· cites it 14× “179 (1984); and that Minn.Stat. § 176.645 (1984), amended in 1981, required the employer to adjust disability compensation on February 13, 1982, the anniversary date of employee’s injury, in spite of the fact that Minn.”
Lemke v. Knudsen Trucking, Inc., 291 N.W.2d 378 (Minn. 1980).
· cites it 6× “How, if at all, does the adjustment of benefits contained in Minn.Stat. § 176.645 (1978) apply to section 176.”
Alcozer v. North Country Food Bank, 635 N.W.2d 695 (Minn. 2001).
· cites it 4× “225 (2000); cost of living adjustments, Minn.Stat. § 176.645 (2000); and civil damages for the obstruction of benefits, Minn.”
Zanmiller v. Aetna Technical Servs., Inc., 379 N.W.2d 612 (Minn. Ct. App. 1985).
· cites it 11× “At the time of appellant’s injury, Minn. Stat. § 176.645 (1978) provided for a yearly adjustment in benefits for inflation.”
Hauglid v. Sandberg Erection Co., 379 N.W.2d 87 (Minn. 1986).
· cites it 24× “At issue in this wórkers’ compensation proceeding brought by employee to obtain additional temporary partial disability benefits is whether the employer’s compensation insurer properly adjusted those benefits pursuant to Minn.Stat. § 176.645 (1978). The compensation judge…”
Lindell v. Oak Park Coop. Creamery, 369 N.W.2d 505 (Minn. 1985).
· cites it 4× “85 in social security benefits each week, these together with the maximum compensation of $244 were less than employee’s weekly wage at the time of his death, so the compensation judge ordered payment of such compensation, to be adjusted subsequently pursuant to Minn.Stat. §…”
Polaschek v. Asbestos Prods., Inc., 361 N.W.2d 37 (Minn. 1985).
· cites it 2× “” Two weeks later the WCCA amended its decision to determine that employee was entitled to an award of $85,595, representing compensation for permanent partial disability based on the maximum weekly rate of $244 in effect on June 11, 1981, and for accrued temporary total…”
Kloss v. E & H Earthmovers, 472 N.W.2d 109 (Minn. 1991).
· cites it 3× “A deduction of two-thirds of the amount of the social security benefit from Northwestern’s maximum obligation, which was fixed before Minn.Stat. § 176.645 (1990) permitted annual adjustment of benefits, would result in no benefits being paid by Northwestern.”
Boryca v. Marvin Lumber & Cedar, 487 N.W.2d 876 (Minn. 1992).
· cites it 2× “This compensation shall not be escalated pursuant to section 176.645. Temporary total compensation shall cease upon the employee’s refusal to accept the job offered and no further or additional temporary total compensation is payable for that injury.”
Saari v. McFarland, 319 N.W.2d 706 (Minn. 1982).
· cites it 2× “The amount involved: The petition, without contradiction by the Court of Appeals, asserts that the dependency benefits payable until the child reaches 18, assuming an annual adjustment pursuant to Minn. Stat. § 176.645 (1980), will aggregate $156,-768 and that such benefits, if…”
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