reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.145 — Service Of Notice, Form.

176.145 SERVICE OF NOTICE, FORM.
The notice referred to in section 176.141 may be served personally upon the employer, or upon any agent of the employer upon whom a summons may be served in a civil action, or by sending it by certified mail to the employer at the last known residence or business place thereof within the state, and may be substantially in the following form:
"NOTICE
You are hereby notified that an injury was received by (Name) .................., who was in your employment at (place) .............., while engaged as (kind of work) .........., on or about the ...... day of ..............., ......., and who is now located at (give town, street, and number) ............; that, so far as now known, the nature of the injury was ..............., and that compensation may be claimed therefor.
Dated .........., ....... (signed) ..................
(giving address)"
No variation from this form shall be material if the notice is sufficient to advise the employer that a certain employee, by name, received a specified injury in the course of employment on or about a specified time, at or near a certain place specified.
History:
1953 c 755 s 15; 1978 c 674 s 60; 1986 c 444; 1998 c 254 art 1 s 107
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.235 — Notice To Employers And Injured Employee Of Rights And Duties.

176.235 NOTICE TO EMPLOYERS AND INJURED EMPLOYEE OF RIGHTS AND DUTIES.
Subdivision 1.
Employee brochure.
When the commissioner of labor and industry has received notice or information that an employee has sustained an injury which may be compensable under this chapter, the commissioner of labor and industry shall mail a brochure, written in language easily readable and understandable by a person of average intelligence and education, to the employee explaining the rights and obligations of the employee, the assistance available to the employee, the operation of the workers' compensation system, and whatever other relevant information the commissioner of labor and industry deems necessary.
Subd. 2.
Employer brochure.
The commissioner shall prepare, in language easily readable and understandable by a person of average intelligence and education, a brochure explaining to employers their rights and obligations under this chapter and shall furnish it to employers subject to this chapter.
History:
1953 c 755 s 33; Ex1967 c 1 s 6; 1973 c 388 s 75; Ex1979 c 3 s 56
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.151 — Time Limitations.

176.151 TIME LIMITATIONS.
The time within which the following acts shall be performed shall be limited to the following periods, respectively:
(a) Actions or proceedings by an injured employee to determine or recover compensation, three years after the employer has made written report of the injury to the commissioner of the Department of Labor and Industry, but not to exceed six years from the date of the accident.
(b) Actions or proceedings by dependents to determine or recover compensation, three years after the receipt by the commissioner of the Department of Labor and Industry of written notice of death, given by the employer, but not to exceed six years from the date of injury, provided, however, if the employee was paid compensation for the injury from which the death resulted, such actions or proceedings by dependents must be commenced within three years after the receipt by the commissioner of the Department of Labor and Industry of written notice of death, given by the employer, but not to exceed six years from the date of death. In any such case, if a dependent of the deceased, or any one in the dependent's behalf, gives written notice of such death to the commissioner of the Department of Labor and Industry, the commissioner shall forthwith give written notice to the employer of the time and place of such death. In case the deceased was a native of a foreign country and leaves no known dependent within the United States, the commissioner of the Department of Labor and Industry shall give written notice of the death to the consul or other representative of the foreign country forthwith.
(c) In case of physical or mental incapacity, other than minority, of the injured person or dependents to perform or cause to be performed any act required within the time specified in this section, the period of limitation in any such case shall be extended for three years from the date when the incapacity ceases.
(d) In the case of injury caused by x-rays, radium, radioactive substances or machines, ionizing radiation, or any other occupational disease, the time limitations otherwise prescribed by Minnesota Statutes 1961, chapter 176, and acts amendatory thereof, shall not apply, but the employee shall give notice to the employer and commence an action within three years after the employee has knowledge of the cause of such injury and the injury has resulted in disability.
History:
1953 c 755 s 16; 1965 c 419 s 1; Ex1967 c 40 s 14; 1973 c 388 s 39; 1973 c 643 s 10; 1975 c 359 s 17; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.161 — Alien Dependents.

176.161 ALIEN DEPENDENTS.
Subdivision 1.
Residing outside United States.
In case a deceased employee for whose injury or death compensation is payable leaves surviving an alien dependent residing outside the United States the commissioner shall direct the payment of all compensation due the dependent to be made to the duly accredited consular officer of the country of which the beneficiary is a citizen residing within the state, or to a designated representative residing within the state; or, if the commissioner believes that the interests of the dependent will be better served and at any time prior to the final settlement the dependent files with the commissioner a power of attorney designating any other suitable person residing in this state to act as attorney in fact in such proceedings, the commissioner may appoint such person. If it appears necessary to institute proceedings to enforce payment of compensation due the dependent, the commissioner may permit the consular officer to institute these proceedings. If during the pendency of these proceedings, such power of attorney is filed by the alien dependent, the commissioner shall then determine whether such attorney in fact be substituted to represent such dependent or if the consular officer or a representative continue therein. The person so appointed may carry on proceedings to settle all claims for compensation and receive for distribution to such dependent all compensation arising under this chapter. The settlement and distribution of the funds shall be made only on the written order of the commissioner. The person so appointed shall furnish a bond satisfactory to the commissioner, conditioned upon the proper application of the money received. Before the bond is discharged, the person so appointed shall file with the commissioner a verified account of receipts and disbursements of such compensation.
Subd. 2.
List of dependents.
Before receiving the first payment of such compensation and thereafter when ordered so to do by the commissioner of the Department of Labor and Industry, the person so appointed shall furnish to the commissioner of the Department of Labor and Industry a sworn statement containing a list of the dependents showing the name, age, residence, extent of dependency, and relationship to the deceased of each dependent.
Subd. 3.
Certain proceedings legalized.
In any proceedings heretofore taken to recover compensation for any alien dependent carried on for at least five years in the name of a person as petitioner, designated by power of attorney from the alien dependent, the right of this designated petitioner to conclude the proceedings or final settlement and to fully bind all parties thereby is hereby legalized in all respects.
History:
1953 c 755 s 18; 1973 c 388 s 44,45; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 90; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.165 — Lump-sum Payments.

176.165 LUMP-SUM PAYMENTS.
The amounts of compensation payable periodically may be commuted to one or more lump-sum payments only by order of the commissioner of the Department of Labor and Industry, compensation judge, or Workers' Compensation Court of Appeals in cases upon appeal, and on such terms and conditions as the commissioner of the Department of Labor and Industry, compensation judge, or Workers' Compensation Court of Appeals prescribes. In making these commutations the lump-sum payments shall amount, in the aggregate, to a sum equal to the present value of all future installments of the compensation calculated on a five percent basis.
History:
1953 c 755 s 19; 1973 c 388 s 46; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.171 — Payment To Trustee.

176.171 PAYMENT TO TRUSTEE.
At any time after the amount of any award or commutation is finally determined, a sum equal to the present value of all future installments of the compensation, calculated on a five percent basis, where death or the nature of the injury renders the amount of future payments certain, may be paid by the employer to any bank, mutual savings bank, savings association, or trust company in this state approved and designated by the commissioner of the Department of Labor and Industry, compensation judge, or Workers' Compensation Court of Appeals in cases upon appeal. Such sum, together with all interest thereon, shall be held in trust for the employee or for the dependents of the employee, who shall have no further recourse against the employer. The employer's payment of this sum evidenced by a receipt of the trustee filed with the commissioner of the Department of Labor and Industry, operates as a satisfaction of the compensation liability as to the employer. The trustee shall make payments from the fund in the same amounts and at the same time as are required of the employer until the fund and interest is exhausted, except when otherwise ordered by the commissioner of the Department of Labor and Industry. In the appointment of trustee the preference shall be given to the choice of the injured employee or the choice of the dependents of the deceased employee.
History:
1953 c 755 s 20; 1971 c 422 s 3; 1973 c 388 s 47; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1995 c 202 art 1 s 25
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.175 — Right To Compensation, Award.

176.175 RIGHT TO COMPENSATION, AWARD.
Subdivision 1.
Preferred claim.
The right to compensation and all compensation awarded any injured employee or for death claims to dependents have the same preference against the assets of the employer as unpaid wages for labor. This compensation does not become a lien on the property of third persons by reason of this preference.
Subd. 2.
Nonassignability.
No claim for compensation or settlement of a claim for compensation owned by an injured employee or dependents is assignable. Except as otherwise provided in this chapter, any claim for compensation owned by an injured employee or dependents is exempt from seizure or sale for the payment of any debt or liability.
History:
1953 c 755 s 21; 1986 c 444; 1999 c 212 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.222 — Report On Collection And Assessment Of Fines And Penalties.

176.222 REPORT ON COLLECTION AND ASSESSMENT OF FINES AND PENALTIES.
The commissioner shall annually, by January 30, submit a report to the legislature detailing the assessment and collection of fines and penalties under this chapter on a fiscal year basis for the immediately preceding fiscal year and for as many prior years as the data is available.
History:
1992 c 510 art 3 s 26
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.178 — Fraud.

176.178 FRAUD.
Subdivision 1.
Intent.
Any person who, with intent to defraud, receives workers' compensation benefits to which the person is not entitled by knowingly misrepresenting, misstating, or failing to disclose any material fact is guilty of theft and shall be sentenced pursuant to section 609.52, subdivision 3.
Subd. 2.
Forms.
The text of subdivision 1 shall be placed on all forms prescribed by the commissioner for claims or responses to claims for workers' compensation benefits under this chapter. The absence of the text does not constitute a defense against prosecution under subdivision 1.
History:
1992 c 510 art 2 s 6; 1995 c 231 art 1 s 25
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.179 — Recovery Of Overpayments.

176.179 RECOVERY OF OVERPAYMENTS.
Notwithstanding section 176.521, subdivision 3, or any other provision of this chapter to the contrary, except as provided in this section, no lump-sum or weekly payment, or settlement, which is voluntarily paid to an injured employee or the survivors of a deceased employee in apparent or seeming accordance with the provisions of this chapter by an employer or insurer, or is paid pursuant to an order of the workers' compensation division, a compensation judge, or court of appeals relative to a claim by an injured employee or the employee's survivors, and received in good faith by the employee or the employee's survivors shall be refunded to the paying employer or insurer in the event that it is subsequently determined that the payment was made under a mistake in fact or law by the employer or insurer. When the payments have been made to a person who is entitled to receive further payments of compensation for the same injury, the mistaken compensation may be taken as a partial credit against future periodic benefits. The credit applied against further payments of temporary total disability, temporary partial disability, permanent partial disability, permanent total disability, retraining benefits, death benefits, or weekly payments of economic recovery or impairment compensation shall not exceed 20 percent of the amount that would otherwise be payable.
An employer or insurer may not offset an overpayment of benefits against:
(1) medical expenses due or payable; or
(2) a penalty awarded to the employee for late payment or underpayment of benefits.
Where the commissioner or compensation judge determines that the mistaken compensation was not received in good faith, the commissioner or compensation judge may order reimbursement of the compensation. For purposes of this section, a payment is not received in good faith if it is obtained through fraud, or if the employee knew that the compensation was paid under mistake of fact or law, and the employee has not refunded the mistaken compensation.
History:
1974 c 486 s 5; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; Ex1979 c 3 s 49; 1983 c 290 s 112; 1986 c 461 s 23; 1987 c 332 s 45; 1992 c 510 art 1 s 11; 1995 c 231 art 1 s 26; 2009 c 75 s 10
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.195 — Revocation Of Insurer's License.

176.195 REVOCATION OF INSURER'S LICENSE.
Subdivision 1.
Grounds.
Where an insurer, or an agent of an insurer, has been guilty of fraud, misrepresentation, or culpable, persistent, and unreasonable delay in making payments or settlements under this chapter, the commissioner of commerce shall revoke the license of the insurer to write workers' compensation insurance.
Subd. 1a.
Additional grounds.
Where an insurer or agent of an insurer has failed to comply with provisions of this chapter, other than the provisions in subdivision 1, the commissioner of commerce may revoke the license of the insurer to write workers' compensation insurance.
Subd. 2.
Commencement of proceedings.
The commissioner of commerce may act under subdivision 1 or subdivision 1a upon the commissioner's own motion, the recommendation of the commissioner of labor and industry, the chief administrative law judge, or the Workers' Compensation Court of Appeals, or the complaint of any interested person.
Subd. 3.
Complaint, answer; hearing.
A complaint against an insurer shall include a notice and order for hearing, shall be in writing and shall specify clearly the grounds upon which the license is sought to be suspended or revoked. The insurer shall file a written answer to the complaint within 20 days of service of the complaint. The hearing shall be conducted under chapter 14.
Subd. 4.
[Repealed, 1987 c 332 s 117]
Subd. 5.
[Repealed, 1987 c 332 s 117]
Subd. 6.
[Repealed, 1987 c 332 s 117]
Subd. 7.
Report to commissioner of commerce.
The commissioner may send reports to the commissioner of commerce regarding compliance with this chapter by insurers writing workers' compensation insurance. A report may include a recommendation for revocation of an insurer's license under this section and may also recommend the imposition of other penalties which may be imposed upon insurers by the commissioner of commerce.
History:
1953 c 755 s 25; Ex1967 c 1 s 6; 1973 c 388 s 55,56; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1983 c 289 s 114 subd 1; 1983 c 290 s 126-128; 1984 c 640 s 32; 1984 c 655 art 1 s 92; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1987 c 332 s 55
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.201 — Discriminatory Rates.

176.201 DISCRIMINATORY RATES.
Subdivision 1.
Physically disabled persons.
An insurer, or an agent or employee of an insurer, shall not make or charge a rate which discriminates against the employment of a person who is physically disabled through the loss or loss of use of a member whether due to accident or other cause.
Subd. 2.
Violation a misdemeanor.
A person who violates subdivision 1 is guilty of a misdemeanor.
Subd. 3.
Conviction of violation, cancellation of license.
Where an insurer, or an agent or employee of an insurer, has been convicted under this section, the fact of conviction is sufficient cause for the commissioner of commerce to cancel the license of the insurer to write workers' compensation insurance.
History:
1953 c 755 s 26; 1975 c 359 s 23; 1983 c 289 s 114 subd 1; 1984 c 655 art 1 s 92; 2005 c 56 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.205 — Person Deemed Employer.

176.205 PERSON DEEMED EMPLOYER.
Subdivision 1.
Fraudulent device to evade responsibility to worker.
Subject to subdivision 2, a person who creates or executes any fraudulent scheme, artifice, or device to enable the person to execute work without being responsible to the worker under this chapter, is deemed an "employer" and is subject to the liabilities which this chapter imposes on employers.
Subd. 2.
Contractor, subcontractor.
Subdivision 1 does not apply to an owner who in good faith lets a contract to a contractor. In such case, the contractor or subcontractor is deemed the "employer."
Subd. 3.
Exceptions.
A person shall not be deemed a contractor or subcontractor where:
(1) the person performs work upon another's premises, with the other's tools or appliances, and under the other's direction; or
(2) the person does what is commonly called "piece work"; or
(3) in any way the system of employment merely provides a method of fixing the worker's wages.
Subd. 4.
Calculation of compensation.
Where compensation is claimed against a person under the terms of this section, the compensation shall be calculated with reference to the wages the worker was receiving at the time of the injury or death from the person by whom the worker was immediately employed.
History:
1953 c 755 s 27; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.211 — Acts Or Omissions Of Third Persons.

176.211 ACTS OR OMISSIONS OF THIRD PERSONS.
Except as provided by this chapter the employer need not pay compensation for injuries due to the acts or omissions of third persons who are at the time neither in the service of the employer nor engaged in the work in which the injury occurs.
History:
1953 c 755 s 28
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.215 — Subcontractor's Failure To Comply With Chapter.

176.215 SUBCONTRACTOR'S FAILURE TO COMPLY WITH CHAPTER.
Subdivision 1.
Liability for payment of compensation.
Where a subcontractor fails to comply with this chapter, the general contractor, or intermediate contractor, or subcontractor is liable for payment of all compensation due an employee of a subsequent subcontractor who is engaged in work upon the subject matter of the contract.
Subd. 1a.
Enforcement of order.
If the compensation judge orders the general contractor, intermediate contractor, or subcontractor to pay compensation benefits, the award issued against the general contractor, intermediate contractor, or subcontractor constitutes a lien for government services under section 514.67 on all property of the general contractor, intermediate contractor, or subcontractor and is subject to the provisions of the Revenue Recapture Act under chapter 270A. The special compensation fund may enforce the terms of the award in the same manner as a district court judgment.
Subd. 2.
Subrogation.
A person who has paid compensation under this section is subrogated to the rights of the injured employee against the employee's immediate employer, or any person whose liability for compensation payment to the employee is prior to the liability of the person who paid it.
Subd. 3.
Determination of respective liabilities.
The Workers' Compensation Division may determine the respective liabilities of persons under this section.
History:
1953 c 755 s 29; Ex1967 c 1 s 6; 1973 c 388 s 57; 1975 c 359 s 23; 1986 c 444; 1995 c 231 art 2 s 81
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.234 — Release Of Data For Epidemiologic Study.

176.234 RELEASE OF DATA FOR EPIDEMIOLOGIC STUDY.
The commissioner of the Department of Labor and Industry shall, upon request, provide the commissioner of health data classified as private data under section 13.02, subdivision 12, which are contained in the initial report of injury under section 176.231, and other workers' compensation records related to any individual's injury or illness. Data to be provided include, but are not limited to, all personal identifiers such as name, address, age, sex, and Social Security number for the injured person, employer identification information, insurance information, compensation payments, and physician and rehabilitation reports which the commissioner of labor and industry determines may pertain to specific epidemiologic investigations being conducted by the Department of Health.
History:
1991 c 202 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.245 — Receipts For Payment Of Compensation, Filing.

176.245 RECEIPTS FOR PAYMENT OF COMPENSATION, FILING.
An employer shall promptly file with the division receipts for payment of compensation as may be required by the rules of the division.
The commissioner of the Department of Labor and Industry shall periodically check its records to determine whether these receipts have been promptly filed, and if not, shall require the employer to do so. The commissioner may determine the most efficient manner of reviewing or auditing the records filed under this chapter, including using sampling methodology, to determine compliance with this chapter.
History:
1953 c 755 s 35; 1973 c 388 s 80; 2008 c 250 s 13; 2013 c 70 art 1 s 6
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.251 — Duties Of Commissioner Of Department Of Labor And Industry.

176.251 DUTIES OF COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY.
The commissioner of the Department of Labor and Industry shall actually supervise and require prompt and full compliance with all provisions of this chapter relating to the payment of compensation.
History:
1953 c 755 s 36; 1973 c 388 s 81
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.253 — Insurer, Employer, And Third-party Administrator; Performance Of Acts.

176.253 INSURER, EMPLOYER, AND THIRD-PARTY ADMINISTRATOR; PERFORMANCE OF ACTS.
Subdivision 1.
Definitions.
(a) The terms used in this section have the meanings given to them in this subdivision.
(b) "Department" has the meaning in section 176.011, subdivision 8b.
(c) "Employer" means an employer as defined in section 176.011, subdivision 10, against whom a workers' compensation claim has been asserted or who is liable for a workers' compensation injury under this chapter. Employer includes:
(1) an employer authorized to self-insure by the Department of Commerce under chapter 79A; and
(2) the state or a political subdivision that is not required to be authorized to self-insure by the commissioner of commerce in order to pay its workers' compensation claims.
(d) "Insurer" means a workers' compensation insurer licensed by the Department of Commerce under section 60A.
(e) "Third-party administrator" means an administrator that is licensed by the Department of Commerce to administer a workers' compensation self-insurance or insurance plan under section 60A.23, subdivision 8, with a contract to act on behalf of an employer or insurer.
Subd. 2.
General.
Where this chapter requires an employer to perform an act, the insurer of the employer may perform that act. Where the insurer acts in behalf of the employer, the employer is responsible for the authorized acts of the insurer and for any delay, failure, or refusal of the insurer to perform the act. This section does not relieve the employer from any penalty or forfeiture which this chapter imposes on the employer.
Subd. 3.
Authority of third-party administrator.
A third-party administrator that has an active account in CAMPUS under section 176.2612 may act on behalf of the employer or insurer as provided in the contract between the administrator and the employer or insurer. If the department or commissioner issues an order or assesses a penalty against an employer or insurer, the order or penalty must be served on any administrator acting on behalf of the employer or insurer. A third-party administrator has the authority to act on behalf of the employer or insurer in responding to a commissioner or department inquiry, order or penalty assessment, or paying a penalty, until the insurer or administrator notifies the department in writing that the administrator does not have authority.
History:
1953 c 755 s 37; 1986 c 444; 1Sp2019 c 7 art 12 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.261 — Employee Of Commissioner Of Department Of Labor And Industry May Act For And Advise A Party To A Proceeding.

176.261 EMPLOYEE OF COMMISSIONER OF DEPARTMENT OF LABOR AND INDUSTRY MAY ACT FOR AND ADVISE A PARTY TO A PROCEEDING.
When requested by an employer or an employee or an employee's dependent, the commissioner of the Department of Labor and Industry may designate one or more of the division employees to advise that party of rights under this chapter, and as far as possible to assist in adjusting differences between the parties. The person so designated may appear in person in any proceedings under this chapter as the representative or adviser of the party. In such case, the party need not be represented by an attorney at law.
Prior to advising an employee or employer to seek assistance outside of the department, the department must refer employers and employees seeking advice or requesting assistance in resolving a dispute to an attorney or other technical, paraprofessional, or professional Workers' Compensation Division employee, whichever is appropriate.
The department must make efforts to settle problems of employees and employers by contacting third parties, including attorneys, insurers, and health care providers, on behalf of employers and employees and using the department's persuasion to settle issues quickly and cooperatively. The obligation to make efforts to settle problems exists whether or not a formal claim has been filed with the department.
History:
1953 c 755 s 38; Ex1967 c 1 s 6; 1973 c 388 s 82; 1986 c 444; 1992 c 510 art 3 s 29; 1995 c 231 art 2 s 92; 1996 c 374 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.271 — Initiation Of Proceedings.

176.271 INITIATION OF PROCEEDINGS.
Subdivision 1.
Written petition.
Unless otherwise provided by this chapter or by the commissioner, all proceedings under this chapter are initiated by the filing of a written petition on a prescribed form with the commissioner at the commissioner's principal office. All claim petitions shall include the information required by section 176.291.
Subd. 2.
[Repealed, 1987 c 332 s 117]
History:
1953 c 755 s 40; Ex1967 c 1 s 6; 1973 c 388 s 84; Ex1979 c 3 s 58; 1984 c 432 art 2 s 43; 1986 c 444; 1987 c 332 s 67
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.281 — Orders, Decisions, And Awards; Filing; Service.

176.281 ORDERS, DECISIONS, AND AWARDS; FILING; SERVICE.
(a) When the commissioner or compensation judge or Office of Administrative Hearings or the Workers' Compensation Court of Appeals has issued correspondence, a notice, order, decision, award, or other disposition or outcome of a dispute, or an amendment to an order, decision, or award, it shall be filed immediately with the commissioner.
(b) The agencies' systems must be configured so that transmission of data and documents described in paragraph (a) and section 176.2611, subdivision 5, paragraph (b), are immediately transmitted between the Office of Administrative Hearings case management system and CAMPUS using application programming interfaces.
(c) If the commissioner, compensation judge, Office of Administrative Hearings, or Workers' Compensation Court of Appeals has rendered a final order, decision, or award, or amendment thereto, the commissioner or the Office of Administrative Hearings or the Workers' Compensation Court of Appeals shall immediately serve a copy upon every party in interest, together with a notification of the date the order was filed.
(d) On all orders, decisions, awards, and other documents, the commissioner or compensation judge or Office of Administrative Hearings or the Workers' Compensation Court of Appeals may digitize the signatures of all officials, including judges, for the use of electronic data interchange and clerical automation. These signatures shall have the same legal authority of an original signature, provided that proper security is used to safeguard the use of the digitized signatures and each digitized signature has been certified by the division, department, office, or court of appeals before its use, in accordance with rules adopted by that agency or court.
History:
1953 c 755 s 42; 1969 c 276 s 2; 1973 c 388 s 86; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1982 c 405 s 1; 1983 c 290 s 142; 1995 c 231 art 2 s 95; 1Sp2019 c 7 art 12 s 13
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.291 — Disputes; Petitions; Procedure.

176.291 DISPUTES; PETITIONS; PROCEDURE.
(a) Where there is a dispute as to a question of law or fact in connection with a claim for compensation, a party may serve on all other parties and file a petition with the office stating the matter in dispute. The petition shall be on a form prescribed by the commissioner and shall be signed by the petitioner.
(b) The petition shall also state and include, where applicable:
(1) names and residence or business address of parties;
(2) facts relating to the employment at the time of injury, including amount of wages received;
(3) extent and character of each injury;
(4) notice to or knowledge by employer of injury;
(5) copies of written medical reports or medical records supporting each claim asserted;
(6) copies of other information in support of the claim;
(7) names and addresses of all known witnesses intended to be called in support of each injury and claim;
(8) the desired location of any hearing and estimated time needed to present evidence at the hearing;
(9) any requests for a prehearing or settlement conference;
(10) a list of all known third parties, including the Departments of Human Services and Employment and Economic Development, who may have paid any medical bills or other benefits to the employee for the injuries or disease alleged in the petition or for the time the employee was unable to work due to the injuries or disease, together with a listing of the amounts paid by each;
(11) the nature and extent of each claim; and
(12) a request for an expedited hearing which must include an attached affidavit of significant financial hardship which complies with the requirements of section 176.341, subdivision 6.
(c) Incomplete petitions may be stricken or dismissed from the calendar as provided by section 176.305, subdivision 4. Within 14 days of a request by a party, an employee who has filed a claim petition pursuant to section 176.271 or this section shall furnish a list of physicians and health care providers from whom the employee has received treatment for the same or a similar condition as well as authorizations to release relevant information, data, and records to the requester. The petition may be stricken from the calendar upon motion of a party for failure to timely provide the required list of health care providers or authorizations.
History:
1953 c 755 s 44; 1973 c 388 s 88; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 104; 1987 c 332 s 69; 1994 c 483 s 1; 1995 c 231 art 2 s 97; 2004 c 206 s 52; 2022 c 32 art 2 s 2; 2023 c 51 art 2 s 8
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.295 — Nonresident Employers; Foreign Corporation.

176.295 NONRESIDENT EMPLOYERS; FOREIGN CORPORATION.
Subdivision 1.
Affidavit of inability to effectuate service.
Where a petitioner, an employee, or an employee's dependent cannot serve a petition for compensation or other notice on an employer because the employer is a nonresident or a foreign corporation, the petitioner may file an affidavit with the chief administrative law judge stating that the petitioner is unable to effectuate service.
Subd. 2.
Action in district court.
When a petitioner has filed an affidavit of inability to effectuate service pursuant to subdivision 1 with the chief administrative law judge, the petitioner may also file a complaint against the employer in district court. The complaint must be filed in the county in which the employee resided at the time of the injury or death. The complaint shall be commenced and pursued in the same manner as other civil actions in district court. The complaint shall state that a petition for compensation has been filed with the office, and shall be accompanied by a verified copy of the affidavit of inability to effectuate service. The complaint shall also state the facts upon which the right to compensation or other relief is based.
Subd. 3.
Attachment, garnishment; service by publication.
The remedies of attachment and garnishment are available to the petitioner in the district court action. Service of summons may be made by publication.
Subd. 4.
General appearances; security, bond.
Where the employer makes a general appearance in the district court action and files a bond or security approved by the commissioner of the Department of Labor and Industry, or where an insurer appears generally in the action and assumes liability for any award which may be rendered against the employer, the district court shall dismiss the action.
History:
1953 c 755 s 45; Ex1967 c 1 s 6; 1973 c 388 s 89-91; 1986 c 444; 2022 c 32 art 2 s 3,4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.301 — Determination Of Issues.

176.301 DETERMINATION OF ISSUES.
Subdivision 1.
Trial by court; reference to chief administrative law judge.
When a workers' compensation issue is present in the district court action, the court may try the action itself without a jury, or refer the matter to the chief administrative law judge for assignment to a compensation judge. The compensation judge shall report findings and decisions to the district court. The court may approve or disapprove such decision in the same manner as it approves or disapproves the report of a referee. The court shall enter judgment upon such decision.
Subd. 2.
Appeal from judgment of district court.
An appeal lies from the judgment of the district court as in other cases.
History:
1953 c 755 s 46; 1969 c 276 s 2; 1973 c 388 s 92; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 105; 1984 c 640 s 32; 1986 c 444; 1987 c 332 s 70
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.306 — Scheduled Hearings.

176.306 SCHEDULED HEARINGS.
Subdivision 1.
Chief administrative law judge.
The chief administrative law judge shall schedule workers' compensation hearings on as regular a schedule as may be practicable in no fewer than six widely separated locations throughout the state, including at least four locations outside of the seven-county metropolitan area and Duluth, for the purpose of providing a convenient forum for parties to a compensation hearing and shall maintain a permanent office in Duluth staffed by at least one compensation judge. Continuances of the scheduled hearing date may be granted only under section 176.341, subdivision 4.
Subd. 2.
District administrators; clerks of court.
The judicial district administrators or the court administrators of the county or district courts nearest to the locations selected by the chief administrative law judge pursuant to subdivision 1 shall provide suitable hearing rooms at the times and places agreed upon for the purpose of conducting workers' compensation hearings.
Subd. 3.
Scheduling matters.
A compensation judge may schedule a pretrial or settlement conference, whether or not a party requests such a conference.
History:
1981 c 346 s 107; 1982 c 424 s 45; 1984 c 640 s 32; 1Sp1986 c 3 art 1 s 82; 1987 c 332 s 75,76
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.307 — Compensation Judges; Block System.

176.307 COMPENSATION JUDGES; BLOCK SYSTEM.
The chief administrative law judge may assign workers' compensation cases to compensation judges using a block system type of assignment that, among other things, ensures that a case will remain with the same judge from commencement to conclusion, except that the judge must be removed from the case when:
(1) a party exercises a legal right to do so;
(2) the judge is incapacitated or is otherwise unable to hold a hearing; or
(3) assignment of a different judge is required by section 176.106, subdivision 7; 176.238, subdivision 6; or 176.305, subdivision 1a, or the Minnesota Code of Judicial Conduct.
The block system shall be the preferred means of assigning cases, but it may be supplemented by other systems of case assignment to ensure that cases are timely decided.
History:
1992 c 510 art 2 s 8; 2011 c 89 s 18; 2012 c 187 art 1 s 27
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.311 — Reassignment Of Petition For Hearing.

176.311 REASSIGNMENT OF PETITION FOR HEARING.
Where a petition is heard before a compensation judge, at any time before an award or order has been made in such proceeding, the chief administrative law judge may reassign the petition for hearing before another compensation judge.
History:
1953 c 755 s 48; 1969 c 276 s 2; 1973 c 388 s 96; 1981 c 346 s 108; 1984 c 640 s 32
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.312 — Affidavits Of Prejudice And Petitions For Reassignment.

176.312 AFFIDAVITS OF PREJUDICE AND PETITIONS FOR REASSIGNMENT.
In accordance with rules adopted by the chief administrative law judge, an affidavit of prejudice for cause may be filed by each party to the claim against a compensation judge assigned to hear a case.
A petition for reassignment of a case to a different compensation judge for hearing may be filed once, in any case, by each party to the claim within 20 days after the filing party has received notice of the assigned judge. Upon receipt of a timely petition for reassignment, the chief administrative law judge shall assign the case to another judge.
An affidavit of prejudice or a petition for reassignment shall be filed with the chief administrative law judge and shall not result in the continuance or delay of a hearing scheduled under section 176.341.
This section does not apply to prehearing, settlement conferences, or administrative conferences.
History:
1983 c 290 s 144; 1987 c 332 s 77; 1Sp2019 c 7 art 12 s 15
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.321 — Answer To Petition.

176.321 ANSWER TO PETITION.
Subdivision 1.
Filing, service.
Within 20 days after service of the petition, an adverse party shall serve and file an answer to the petition. The party shall serve a copy of the answer on the petitioner or the petitioner's attorney.
Subd. 2.
Contents.
The answer shall admit, deny, or affirmatively defend against the substantial averments of the petition, and shall state the contention of the adverse party with reference to the matter in dispute.
Each fact alleged by the petition or answer and not specifically denied by the answer or reply is deemed admitted, but the failure to deny such a fact does not preclude the compensation judge from requiring proof of the fact.
The answer shall include the names and addresses of all known witnesses; whether or not the employer intends to schedule an adverse examination and, if known, the date, time, and place of all adverse examinations; the desired location for a hearing; any request for a prehearing or settlement conference; the estimated time needed to present evidence at a hearing; and, if an affidavit of significant financial hardship and request for an expedited hearing are included with the petition, any objection the employer may have to that request. If the date, time, and place of all adverse examinations is unknown at the time the answer is filed, the employer must notify the office in writing of the date, time, and place of all adverse examinations within 50 days of the filing of the claim petition.
Subd. 3.
Extension of time in which to file answer.
Upon showing of cause, the office may extend the time in which to file an answer or reply for not more than 30 additional days. The time to file an answer or reply may also be extended upon agreement of the petitioner, and provided that the office must be notified in writing by the employer no later than five days beyond the time required for the filing of the answer of the fact that an agreement has been reached, including the length of the extension. Any case received by the office that does not include an answer, written extension order, or written notification of the extension agreement shall be immediately set for a hearing at the first available date under section 176.331.
History:
1953 c 755 s 49; 1969 c 276 s 2; 1973 c 388 s 97; 1975 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 109,110; 1983 c 290 s 145; 1987 c 332 s 78,79; 2022 c 32 art 2 s 7,8
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.322 — Decisions Based On Stipulated Facts.

176.322 DECISIONS BASED ON STIPULATED FACTS.
If the parties agree to a stipulated set of facts and only legal issues remain, the commissioner or compensation judge may determine the matter without a hearing based upon the stipulated facts and the determination is appealable to the court of appeals pursuant to sections 176.421 and 176.442. In any case where a stipulated set of facts has been submitted pursuant to this section, upon receipt of the file or the stipulated set of facts the chief administrative law judge shall immediately assign the case to a compensation judge for a determination. The judge shall issue a determination within 60 days after receipt of the stipulated facts.
History:
1987 c 332 s 80
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.325 — Certified Question.

176.325 CERTIFIED QUESTION.
Subdivision 1.
When certified.
The chief administrative law judge or commissioner may certify a question of workers' compensation law to the supreme court as important and doubtful under the following circumstances:
(1) all parties to the case have stipulated in writing to the facts; and
(2) the issue to be resolved is a question of workers' compensation law that has not been resolved by the Minnesota Supreme Court.
Subd. 2.
Expedited decision.
It is the legislature's intent that the Minnesota Supreme Court resolve the certified question as expeditiously as possible, after compliance by the parties with any requirements of the Minnesota Supreme Court regarding submission of legal memoranda, oral argument, or other matters, and after the participation of amicus curiae, should the Workers' Compensation Court of Appeals or Minnesota Supreme Court consider such participation advisable.
Subd. 3.
Notice.
The commissioner or chief administrative law judge shall notify all persons who request to be notified of a certification under this section.
History:
1992 c 510 art 2 s 9
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 176 — Workers' Compensation › Section 176.331 — Proceedings When Answer Not Filed.

176.331 PROCEEDINGS WHEN ANSWER NOT FILED.
Except in cases involving multiple employers or multiple insurers, if an adverse party fails to file and serve an answer or obtain an extension from the office or the petitioner as required by section 176.321, subdivision 3, the office shall set the matter for an immediate pretrial conference and hearing for prompt award or other order. The adverse party that failed to file an answer or appear at a pretrial conference may appear at the hearing, present evidence and question witnesses, but shall not be granted a continuance except upon a showing of good cause.
If an adverse party who fails to serve and file an answer is neither insured for workers' compensation liability nor a licensed self-insured as required by section 176.181 and the special compensation fund is a party to the proceeding, the compensation judge may enter an order awarding benefits to the petitioning party without a hearing if so requested by the special compensation fund.
History:
1953 c 755 s 50; 1973 c 388 s 98; 1981 c 346 s 111; 1983 c 290 s 146; 1984 c 640 s 32; 1987 c 332 s 81; 2016 c 110 art 3 s 5; 2022 c 32 art 2 s 9; 2023 c 51 art 2 s 10