HF 3984

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to workers' compensation; specifying that a personal injury caused by
the gross negligence of an employer is not covered by the workers' compensation
system; amending Minnesota Statutes 2004, section 176.011, subdivision 16.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 176.011, subdivision 16, is amended to
read:

Subd. 16.

Personal injury.

"Personal injury" means injury arising out of and in the
course of employment and includes personal injury caused by occupational disease; but
does not cover an employee except while engaged in, on, or about the premises where the
employee's services require the employee's presence as a part of that service at the time of
the injury and during the hours of that service. Where the employer regularly furnished
transportation to employees to and from the place of employment, those employees are
subject to this chapter while being so transported. Personal injury does not include new text begin : (1)
new text end an injury caused by the act of a third person or fellow employee intended to injure the
employee because of personal reasons, and not directed against the employee as an
employee, or because of the employment new text begin ; or (2) an injury caused by the gross negligence
of an employer new text end . An injury or disease resulting from a vaccine in response to a declaration
by the Secretary of the United States Department of Health and Human Services under
the Public Health Service Act to address an actual or potential health risk related to
the employee's employment is an injury or disease arising out of and in the course of
employment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end