Section 408.40. Stoppage, reduction, or suspension of compensation.

(1) If compensation is being paid under an order or  award  of  the magistrate or workers’ compensation appellate commission, then compensation shall not be discontinued or reduced without a further order or award, except as provided in subrules (3) and (4) of this rule and sections 301(5)(b) and 361(1) of the act. A petition to stop compensation shall include both of the following:

(a)   Proof of payment of compensation to within 15 days of the date of  the filing of a petition to stop compensation.

(b)   An affidavit stating that the employee  has  returned   to  gainful employment and substantially describing the nature of the employment, or a signed statement from a physician stating that the employee is able to return to employment.

(2)   The bureau shall schedule a hearing within 30 days of receiving a petition to stop compensation, and an order shall be entered under R 408.36.

(3)   If a letter that carries a compensation check is returned by the United States post office unopened, and if a diligent search has been made for the party to whom compensation payment is due under the terms of an order or award, then the party liable for payment may suspend payment upon filing an affidavit that the check was returned and a diligent search was made to locate the party. The suspension shall not prejudice  the  reinstatement  of suspended payments.

(4)    Upon filing of the report required by R 408.31(6)(d) and notification to an employee, compensation benefits may be reduced in accordance with  the  act  for changes in dependency and age 65 reductions.

History: 1979 AC; 1980 AACS; 1998-2000 AACS.