HF 2379

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to workers' compensation; modifying the 
  1.3             definition of "personal injury" to include injury or 
  1.4             disease resulting from certain vaccines; amending 
  1.5             Minnesota Statutes 2002, section 176.011, subdivision 
  1.6             16. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 176.011, 
  1.9   subdivision 16, is amended to read: 
  1.10     Subd. 16.  [PERSONAL INJURY.] "Personal injury" means 
  1.11  injury arising out of and in the course of employment and 
  1.12  includes personal injury caused by occupational disease; but 
  1.13  does not cover an employee except while engaged in, on, or about 
  1.14  the premises where the employee's services require the 
  1.15  employee's presence as a part of that service at the time of the 
  1.16  injury and during the hours of that service.  Where the employer 
  1.17  regularly furnished transportation to employees to and from the 
  1.18  place of employment, those employees are subject to this chapter 
  1.19  while being so transported.  Personal injury does not include an 
  1.20  injury caused by the act of a third person or fellow employee 
  1.21  intended to injure the employee because of personal reasons, and 
  1.22  not directed against the employee as an employee, or because of 
  1.23  the employment.  An injury or disease resulting from a vaccine 
  1.24  in response to a declaration by the Secretary of the United 
  1.25  States Department of Health and Human Services under the Public 
  1.26  Health Service Act to address an actual or potential health risk 
  2.1   related to the employee's employment is an injury or disease 
  2.2   arising out of and in the course of employment. 
  2.3      Sec. 2.  [EFFECTIVE DATE.] 
  2.4      Section 1 is effective January 24, 2004.