Title Minnesota Statutes, Minnesota Statutes

176.041 EXCLUDED EMPLOYMENTS; APPLICATION, EXCEPTIONS, ELECTION OF COVERAGE. § Subdivision 1.Employments excluded. This chapter does not apply to any of the following: (1) a person employed by a common carrier by railroad engaged in interstate or foreign commerce and who is cover…

176.043 TRUCKING AND MESSENGER/COURIER INDUSTRIES; INDEPENDENT CONTRACTORS. In the trucking and messenger/courier industries, an operator of a car, van, truck, tractor, or truck-tractor that is licensed and registered by a governmental motor vehicle agency is an employee unless e…

176.051 ASSUMPTION OF LIABILITY; FARM AND HOUSEHOLD WORKERS. § Subdivision 1.Farm and household workers. An employer of workers on a farm operation or household workers not otherwise covered by this chapter may assume the liability for compensation imposed by this chapter and the…

176.061 THIRD-PARTY LIABILITY. § Subdivision 1.Election of remedies. If an injury or death for which benefits are payable occurs under circumstances which create a legal liability for damages on the part of a party other than the employer and at the time of the injury or death th…

176.071 JOINT EMPLOYERS; CONTRIBUTION. When compensation is payable under this chapter for the injury or death of an employee employed and paid jointly by two or more employers at the time of the injury or death these employers shall contribute to the payment of the compensation …

176.081 LEGAL SERVICES OR DISBURSEMENTS; LIEN; REVIEW. § Subdivision 1.Limitation of fees. (a) A fee for legal services of 20 percent of the first $275,000 of compensation awarded to the employee is the maximum permissible fee and does not require approval by the commissioner, co…

176.091 MINOR EMPLOYEES. Except as provided in section 176.092, a minor employee has the same power to enter into a contract, make election of remedy, make any settlement, and receive compensation as an adult employee. History: 1953 c 755 s 9; 1957 c 781 s 1; 1973 c 388 s 17; 197…

176.092 GUARDIAN; CONSERVATOR. § Subdivision 1.When required. An injured employee or a dependent under section 176.111 who is a minor or an incapacitated person as that term is defined in section 524.5-102, subdivision 6, shall have a guardian or conservator to represent the inte…

176.095 LEGISLATIVE FINDINGS. The legislature finds that workers' compensation benefits for total disabilities should exceed those benefits provided for partial disabilities in order to fairly compensate the person unable to engage in gainful employment or suffering an injury des…

176.101 COMPENSATION SCHEDULE. § Subdivision 1.Temporary total disability. (a) For injury producing temporary total disability, the compensation is 66-2/3 percent of the weekly wage at the time of injury. (b)(1) Commencing on October 1, 2024, and each October 1 thereafter, the ma…

176.102 REHABILITATION. § Subdivision 1.Scope. (a) This section applies only to vocational rehabilitation of injured employees and their spouses as provided under subdivision 1a. Physical rehabilitation of injured employees is considered treatment subject to section 176.135. (b) …

176.103 MEDICAL HEALTH CARE REVIEW. § Subdivision 1.Purpose. It is the purpose of this section to provide for review of clinical health care providers who render services to injured employees. This review shall be achieved by establishing a quality control system within the Depar…

176.104 REHABILITATION PRIOR TO DETERMINATION OF LIABILITY. § Subdivision 1.Dispute. If there exists a dispute regarding medical causation or whether an injury arose out of and in the course and scope of employment and an employee is otherwise eligible for rehabilitation services…

176.105 COMMISSIONER TO ESTABLISH DISABILITY SCHEDULES. § Subdivision 1.Schedule; rules. (a) The commissioner of labor and industry shall by rule establish a schedule of degrees of disability resulting from different kinds of injuries. Disability ratings under the schedule for pe…

176.106 ADMINISTRATIVE CONFERENCE. § Subdivision 1.Scope. All determinations by the commissioner or compensation judge pursuant to section 176.102, 176.103, 176.135, or 176.136 shall be in accordance with the procedures contained in this section. For medical disputes under sectio…

176.107 TELECONFERENCES. The division, department, office, or the court of appeals may, at its discretion, conduct mediation sessions, administrative conferences, settlement conferences, or hearings as provided in this chapter in person, by telephone, or by visual or audio teleco…

176.108 LIGHT-DUTY WORK POOLS. Employers may form light-duty work pools for the purpose of encouraging the return to work of injured employees. The commissioner may adopt rules necessary to implement this section. History: 1995 c 231 art 2 s 57; 1997 c 7 art 5 s 13

176.111 DEPENDENTS, ALLOWANCES. § Subdivision 1.Persons wholly dependent, presumption. For the purposes of this chapter the following persons are conclusively presumed to be wholly dependent: (a) spouse, unless it be shown that the spouse and decedent were voluntarily living apar…

176.121 COMMENCEMENT OF COMPENSATION. In cases of temporary total or temporary partial disability no compensation is allowed for the three calendar days after the disability commenced, except as provided by section 176.135, nor in any case unless the employer has actual knowledge…

176.129 CREATION OF SPECIAL COMPENSATION FUND. § Subdivision 1.Deposit of funds. The special compensation fund is created for the purposes provided for in this chapter and chapter 182. The commissioner of management and budget is the custodian of the special compensation fund. Su…

176.1292 FORBEARANCE OF AMOUNTS OWED TO THE SPECIAL COMPENSATION FUND. § Subdivision 1.Definitions. For purposes of this section, the following definitions apply. (a) "Payer" means a workers' compensation insurer, or an employer or group of employers that are self-insured for wor…

176.130 TARGETED INDUSTRY FUND; LOGGERS. § Subdivision 1.Definitions. For purposes of this section, the following terms have the meanings given them, except where the context clearly indicates a different meaning. (a) "Commissioner" means the commissioner of labor and industry, u…

176.1321 EFFECTIVE DATE OF BENEFIT CHANGES. Unless otherwise specified in the act making the change, any workers' compensation benefit change shall be effective on the October 1 next following its final enactment. History: Ex1979 c 3 s 42

176.135 TREATMENT; APPLIANCES; SUPPLIES. § Subdivision 1.Medical, psychological, chiropractic, podiatric, surgical, hospital. (a) The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and hospital treatment, including nursing, medicines, medical…

176.1351 MANAGED CARE. § Subdivision 1.Application. Any person or entity, other than a workers' compensation insurer or an employer for its own employees, may make written application to the commissioner to have a plan certified that provides management of quality treatment to in…

176.136 MEDICAL FEE REVIEW. § Subdivision 1.Schedule. (a) The commissioner shall by rule establish procedures for determining whether or not the charge for a health service is excessive. In order to accomplish this purpose, the commissioner shall consult with insurers, associatio…

176.1361 TESTIMONY OF PROVIDERS. When the commissioner, a compensation judge, or the court of appeals has reason to believe that a medical or other provider of treatment services has submitted false testimony or a false report in any proceeding under this chapter, the commissione…

176.1362 INPATIENT HOSPITAL PAYMENT. § Subdivision 1.Payment based on Medicare MS-DRG system. (a) Except as provided in subdivisions 2 and 3, reimbursement for inpatient hospital services, articles, and supplies is the lesser of the hospital's total usual and customary charge or …

176.1363 AMBULATORY SURGICAL CENTER PAYMENT. § Subdivision 1.Definitions. (a) For the purpose of this section, the terms defined in this subdivision have the meanings given them. (b) "Ambulatory surgical center" or "ASC" means a facility that is: (1) certified as an ASC by the Ce…

176.1364 WORKERS' COMPENSATION HOSPITAL OUTPATIENT FEE SCHEDULE. § Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in this subdivision have the meanings given them. (b) "Addendum A" means the addendum entitled "OPPS APCs for CY 2018," or its suc…

176.1365 OUTPATIENT BILLING, PAYMENT, AND DISPUTE RESOLUTION. § Subdivision 1.Scope. This section applies to billing, payment, and dispute resolution for services provided by an ambulatory surgical center (ASC) under section 176.1363 and hospital outpatient services under section…

176.137 REMODELING OF RESIDENCE; DISABLED EMPLOYEES. § Subdivision 1.Requirement; determination. The employer shall furnish to an employee who is permanently disabled because of a personal injury suffered in the course of employment with that employer such alteration or remodelin…

176.138 MEDICAL DATA; ACCESS. (a) Notwithstanding any other state laws related to the privacy of medical data or any private agreements to the contrary, the release in writing, by telephone discussion, or otherwise of medical data related to a current claim for compensation under…

176.139 NOTICE OF RIGHTS POSTED. § Subdivision 1.Posting requirement. All employers required or electing to carry workers' compensation coverage in the state of Minnesota shall post and display in a conspicuous location a notice, in a form approved by the commissioner, advising e…

176.141 NOTICE OF INJURY. Unless the employer has actual knowledge of the occurrence of the injury or unless the injured worker, or a dependent or someone in behalf of either, gives written notice thereof to the employer within 14 days after the occurrence of the injury, then no …

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 resid…

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 a written report of the injury …

176.155 EXAMINATIONS. § Subdivision 1.Employer's physician. (a) The injured employee must submit to examination by the employer's physician, if requested by the employer, and at reasonable times thereafter upon the employer's request. Examinations shall not be conducted in hotel …

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 compensa…

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 appe…

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 amo…

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 compens…

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 …

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 surv…

176.181 INSURANCE. § Subdivision 1.Authorization. Any employer responsible for compensation may insure the risk in any manner authorized by law. § Subd. 2.Compulsory insurance; self-insurers. (a) Every employer, except the state and its municipal subdivisions, liable under this c…

176.1812 COLLECTIVE BARGAINING AGREEMENTS. § Subdivision 1.Requirements. Upon appropriate filing, the commissioner, compensation judge, Workers' Compensation Court of Appeals, and courts shall recognize as valid and binding a provision in a collective bargaining agreement between…