HF 4661

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/24/2024 04:37pm

A bill for an act
relating to workers' compensation; making policy and technical changes to workers'
compensation coverage and hearings; modifying provisions related to the Workers'
Compensation Court of Appeals; amending Minnesota Statutes 2022, sections
176.011, subdivisions 1a, 2, 18; 176.101, subdivision 1; 176.102, subdivision 13;
176.104, subdivision 1; 176.106, subdivision 4; 176.129, subdivision 10; 176.1292,
subdivisions 2, 9; 176.137, subdivisions 2, 5; 176.155, subdivision 2; 176.231,
subdivision 9a; 176.238, subdivisions 1, 2, 3, 4, 5, 6, 7, 10; 176.239, subdivisions
2, 3, 4, 5, 9, 10; 176.253, subdivision 2; 176.2611, subdivision 7; 176.271,
subdivision 1; 176.275, subdivision 1; 176.285, subdivisions 2, 2a, 2b; 176.305,
subdivision 1; 176.321, subdivisions 1, 3; 176.322; 176.341, subdivision 6; 176.361,
subdivisions 1, 4; 176.421, subdivision 7; Minnesota Statutes 2023 Supplement,
sections 176.081, subdivision 1; 176.101, subdivision 2a; 176.135, subdivision 7;
176.155, subdivision 1; 176.239, subdivisions 6, 7.

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

Section 1.

Minnesota Statutes 2022, section 176.011, subdivision 1a, is amended to read:

Subd. 1a.

Administrative conference.

An "administrative conference" is a meeting
conducted by a commissioner's designee new text begin or a compensation judge new text end where parties can discuss
on an expedited basis and in an informal setting their viewpoints concerning disputed issues
arising under section 176.102, 176.103, 176.135, 176.136, or 176.239. If the parties are
unable to resolve the dispute, the commissioner's designee new text begin or a compensation judge new text end shall
issue an administrative decision under section 176.106 or 176.239.

Sec. 2.

Minnesota Statutes 2022, section 176.011, subdivision 2, is amended to read:

Subd. 2.

Child.

"Child" includes a posthumous child, a child entitled by law to inherit
as a child of a deceased person, a child of a person adjudged by a court of competent
jurisdiction to be the deleted text begin father deleted text end new text begin parent new text end of the child, and a stepchild, grandchild, or foster child
who was a member of the family of a deceased employee at the time of injury and dependent
upon the employee for support. A stepchild is a "child" within the meaning of section
176.041.

Sec. 3.

Minnesota Statutes 2022, section 176.011, subdivision 18, is amended to read:

Subd. 18.

Weekly wage.

"Weekly wage" is arrived at by multiplying the daily wage by
the number of days and fractional days normally worked in the business of the employer
for the employment involved. If the employee normally works less than five days per week
or works an irregular number of days per week, the number of days normally worked shall
be computed by dividing the total number of days in which the employee actually performed
any of the duties of employment in the last 26 weeks by the number of weeks in which the
employee actually performed such duties, provided that the weekly wage for part time
employment during a period of seasonal or temporary layoff shall be computed on the
number of days and fractional days normally worked in the business of the employer for
the employment involved. If, at the time of the injury, the employee was regularly employed
by two or more employers, the employee's days of work for all such employments shall be
included in the computation of weekly wage. new text begin An employee injured while engaged in
agricultural employment fewer than 30 days in a calendar year, and who is regularly
employed by two or more employers, shall have their average weekly wage calculated based
on the agricultural wages at five times the employee's daily wage, or based only on the
employee's other employment, whichever is higher. new text end Occasional overtime is not to be
considered in computing the weekly wage, but if overtime is regular or frequent throughout
the year it shall be taken into consideration. The maximum weekly compensation payable
to an employee, or to the employee's dependents in the event of death, shall not exceed
66-2/3 percent of the product of the daily wage times the number of days normally worked,
provided that the compensation payable for permanent partial disability under section
176.101, subdivision 2a, and for permanent total disability under section 176.101, subdivision
4, or death under section 176.111, shall not be computed on less than the number of hours
normally worked in the employment or industry in which the injury was sustained, subject
also to such maximums as are specifically otherwise provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 176.081, subdivision 1, is amended
to read:

Subdivision 1.

Limitation of fees.

(a) A fee for legal services of 20 percent of the first
deleted text begin $130,000 deleted text end new text begin $275,000 new text end of compensation awarded to the employee is the maximum permissible
fee and does not require approval by the commissioner, compensation judge, or any other
party. All fees, including fees for obtaining medical or rehabilitation benefits, must be
calculated according to the formula under this subdivision, except as otherwise provided in
clause (1) or (2).

(1) The contingent attorney fee for recovery of monetary benefits according to the
formula in this section is presumed to be adequate to cover recovery of medical and
rehabilitation benefit or services concurrently in dispute. Attorney fees for recovery of
medical or rehabilitation benefits or services shall be assessed against the employer or
insurer only if the attorney establishes that the contingent fee is inadequate to reasonably
compensate the attorney for representing the employee in the medical or rehabilitation
dispute. In cases where the contingent fee is inadequate the employer or insurer is liable for
attorney fees based on the formula in this subdivision or in clause (2).

For the purposes of applying the formula where the employer or insurer is liable for
attorney fees, the amount of compensation awarded for obtaining disputed medical and
rehabilitation benefits under sections 176.102, 176.135, and 176.136 shall be the dollar
value of the medical or rehabilitation benefit awarded, where ascertainable.

(2) The maximum attorney fee for obtaining a change of doctor or qualified rehabilitation
consultant, or any other disputed medical or rehabilitation benefit for which a dollar value
is not reasonably ascertainable, is the amount charged in hourly fees for the representation
or $500, whichever is less, to be paid by the employer or insurer.

(3) The fees for obtaining disputed medical or rehabilitation benefits are included in the
deleted text begin $26,000 deleted text end new text begin $55,000 new text end limit in paragraph (b). An attorney must concurrently file all outstanding
disputed issues. An attorney is not entitled to attorney fees for representation in any issue
which could reasonably have been addressed during the pendency of other issues for the
same injury.

(b) All fees for legal services related to the same injury are cumulative and may not
exceed deleted text begin $26,000 deleted text end new text begin $55,000 new text end . If multiple injuries are the subject of a dispute, the commissioner,
compensation judge, or court of appeals shall specify the attorney fee attributable to each
injury.

(c) If the employer or the insurer or the defendant is given written notice of claims for
legal services or disbursements, the claim shall be a lien against the amount paid or payable
as compensation. Subject to the foregoing maximum amount for attorney fees, up to 20
percent of the first deleted text begin $130,000 deleted text end new text begin $275,000 new text end of periodic compensation awarded to the employee
may be withheld from the periodic payments for attorney fees or disbursements if the payor
of the funds clearly indicates on the check or draft issued to the employee for payment the
purpose of the withholding, the name of the attorney, the amount withheld, and the gross
amount of the compensation payment before withholding. In no case shall fees be calculated
on the basis of any undisputed portion of compensation awards. Allowable fees under this
chapter shall be available to an attorney who procures a benefit on behalf of the employee
and be based solely upon genuinely disputed claims or portions of claims, including disputes
related to the payment of rehabilitation benefits or to other aspects of a rehabilitation plan.
The existence of a dispute is dependent upon a disagreement after the employer or insurer
has had adequate time and information to take a position on liability. Neither the holding
of a hearing nor the filing of an application for a hearing alone may determine the existence
of a dispute. Except where the employee is represented by an attorney in other litigation
pending at the department or at the Office of Administrative Hearings, a fee may not be
charged for services with respect to a medical or rehabilitation issue arising under section
176.102, 176.135, or 176.136 performed before the attorney has filed with the commissioner
and served on the employer or insurer and the attorney representing the employer or insurer,
if any, a request for certification of dispute containing the name of the employer and its
insurer, the date of the injury, and a description of the benefits claimed, and the department
certifies that there is a dispute and that it has tried to resolve the dispute. If within 30 days
of the filing of the request the department has not issued a determination of whether a dispute
exists, the dispute shall be certified if all of the following apply:

(1) the insurer has not approved the requested benefit;

(2) the employee, the employee's attorney, or the employee's treating provider has
submitted any and all additional information requested by the insurer necessary to determine
whether the requested benefit is disputed or approved; and

(3) the insurer has had at least seven calendar days to review any additional information
submitted.

In cases of nonemergency surgery, if the employer or insurer has requested a second opinion
under section 176.135, subdivision 1a, or an examination under section 176.155, subdivision
1, a dispute shall be certified if 45 days have passed following a written request for an
examination or second opinion and the conditions in clauses (1) to (3) have been met.

(d) An attorney who is claiming legal fees for representing an employee in a workers'
compensation matter shall file a statement of attorney fees with the deleted text begin commissioner or
compensation judge before whom the matter was heard deleted text end new text begin office new text end . A copy of the signed retainer
agreement shall also be filed. The employee, employer or insurer, and the attorney
representing the employer or insurer, if any, shall receive a copy of the statement of attorney
fees. The statement shall be on a form prescribed by the commissioner and shall report the
number of hours spent on the case.

(e) Employers and insurers may not pay attorney fees or wages for legal services of
more than deleted text begin $26,000 deleted text end new text begin $55,000 new text end per case.

(f) An attorney must file a statement of attorney fees within 12 months of the date the
attorney has submitted the written notice specified in paragraph (c). If the attorney has not
filed a statement of attorney fees within the 12 months, the attorney must send a renewed
notice of lien to the insurer. If 12 months have elapsed since the last notice of lien has been
received by the insurer and no statement of attorney fees has been filed, the insurer must
release the withheld money to the employee, except that before releasing the money to the
employee, the insurer must give the attorney 30 days' written notice of the pending release.
The insurer must not release the money if the attorney files a statement of attorney fees
within the 30 days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 176.101, subdivision 1, is amended to read:

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, deleted text begin 2013 deleted text end new text begin 2024 new text end , and each October 1 thereafter, the
maximum weekly compensation payable is deleted text begin 102 deleted text end new text begin 108 new text end percent of the statewide average weekly
wage for the period ending December 31 of the preceding year.

(2) The Workers' Compensation Advisory Council may consider adjustment increases
and make recommendations to the legislature.

(c) The minimum weekly compensation payable is $130 per week or the injured
employee's actual weekly wage, whichever is less. Beginning on October 1, 2021, and each
October 1 thereafter, the minimum weekly compensation shall be 20 percent of the maximum
weekly compensation payable or the employee's actual weekly wage, whichever is less.

(d) Temporary total compensation shall be paid during the period of disability subject
to the cessation and recommencement conditions in paragraphs (e) to (l).

(e) Temporary total disability compensation shall cease when the employee returns to
work. Except as otherwise provided in section 176.102, subdivision 11, temporary total
disability compensation may only be recommenced following cessation under this paragraph,
paragraph (h), or paragraph (j) prior to payment of 130 weeks of temporary total disability
compensation and only as follows:

(1) if temporary total disability compensation ceased because the employee returned to
work, it may be recommenced if the employee is laid off or terminated for reasons other
than misconduct if the layoff or termination occurs prior to 90 days after the employee has
reached maximum medical improvement. Recommenced temporary total disability
compensation under this clause ceases when any of the cessation events in paragraphs (e)
to (l) occurs; or

(2) if temporary total disability compensation ceased because the employee returned to
work or ceased under paragraph (h) or (j), it may be recommenced if the employee is
medically unable to continue at a job due to the injury. Where the employee is medically
unable to continue working due to the injury, temporary total disability compensation may
continue until any of the cessation events in paragraphs (e) to (l) occurs following
recommencement. If an employee who has not yet received temporary total disability
compensation becomes medically unable to continue working due to the injury after reaching
maximum medical improvement, temporary total disability compensation shall commence
and shall continue until any of the events in paragraphs (e) to (l) occurs following
commencement. For purposes of commencement or recommencement under this clause
only, a new period of maximum medical improvement under paragraph (j) begins when the
employee becomes medically unable to continue working due to the injury. Temporary total
disability compensation may not be recommenced under this clause and a new period of
maximum medical improvement does not begin if the employee is not actively employed
when the employee becomes medically unable to work. All periods of initial and
recommenced temporary total disability compensation are included in the 130-week limitation
specified in paragraph (k).

(f) Temporary total disability compensation shall cease if the employee withdraws from
the labor market. Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee reenters the labor market prior to 90
days after the employee reached maximum medical improvement and prior to payment of
130 weeks of temporary total disability compensation. Once recommenced, temporary total
disability ceases when any of the cessation events in paragraphs (e) to (l) occurs.

(g) Temporary total disability compensation shall cease if the total disability ends and
the employee fails to diligently search for appropriate work within the employee's physical
restrictions. Temporary total disability compensation may be recommenced following
cessation under this paragraph only if the employee begins diligently searching for
appropriate work within the employee's physical restrictions prior to 90 days after maximum
medical improvement and prior to payment of 130 weeks of temporary total disability
compensation. Once recommenced, temporary total disability compensation ceases when
any of the cessation events in paragraphs (e) to (l) occurs.

(h) Temporary total disability compensation shall cease if the employee has been released
to work without any physical restrictions caused by the work injury.

(i) Temporary total disability compensation shall cease if the employee refuses an offer
of work that is consistent with a plan of rehabilitation filed with the commissioner which
meets the requirements of section 176.102, subdivision 4, or, if no plan has been filed, the
employee refuses an offer of gainful employment that the employee can do in the employee's
physical condition. Once temporary total disability compensation has ceased under this
paragraph, it may not be recommenced.

(j) Temporary total disability compensation shall cease 90 days after the employee has
reached maximum medical improvement, except as provided in section 176.102, subdivision
11, paragraph (b). For purposes of this subdivision, the 90-day period after maximum medical
improvement commences on the earlier of: (1) the date that the employee receives a written
medical report indicating that the employee has reached maximum medical improvement;
or (2) the date that the employer or insurer serves the report on the employee and the
employee's attorney, if any. Once temporary total disability compensation has ceased under
this paragraph, it may not be recommenced except if the employee returns to work and is
subsequently medically unable to continue working as provided in paragraph (e), clause
(2).

(k) Temporary total disability compensation shall cease entirely when 130 weeks of
temporary total disability compensation have been paid, except as provided in section
176.102, subdivision 11, paragraph (b). Notwithstanding anything in this section to the
contrary, initial and recommenced temporary total disability compensation combined shall
not be paid for more than 130 weeks, regardless of the number of weeks that have elapsed
since the injury, except that if the employee is in a retraining plan approved under section
176.102, subdivision 11, the 130-week limitation shall not apply during the retraining, but
is subject to the limitation before the plan begins and after the plan ends.

(l) Paragraphs (e) to (k) do not limit other grounds under law to suspend or discontinue
temporary total disability compensation provided under this chapter.

(m) Once an employee has been paid 52 weeks of temporary total compensation, the
employer or insurer must notify the employee in writing of the 130-week limitation on
payment of temporary total compensation. A copy of this notice must also be filed with the
department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2024.
new text end

Sec. 6.

Minnesota Statutes 2023 Supplement, section 176.101, subdivision 2a, is amended
to read:

Subd. 2a.

Permanent partial disability.

(a) Compensation for permanent partial disability
is as provided in this subdivision. Permanent partial disability must be rated as a percentage
of the whole body in accordance with rules adopted by the commissioner under section
176.105. During the 2026 regular legislative session, and every even-year legislative session
thereafter, the Workers' Compensation Advisory Council must consider whether the
permanent partial disability schedule in paragraph (b) represents adequate compensation
for permanent impairment.

(b) The percentage determined pursuant to the rules adopted under section 176.105 must
be multiplied by the corresponding amount in the following table deleted text begin at the time permanent
partial disability is payable according to paragraph (c) deleted text end :

Impairment Rating			Amount
(percent)
less than 5.5		$	114,260
5.5 to less than 10.5			121,800
10.5 to less than 15.5			129,485
15.5 to less than 20.5			137,025
20.5 to less than 25.5			139,720
25.5 to less than 30.5			147,000
30.5 to less than 35.5			150,150
35.5 to less than 40.5			163,800
40.5 to less than 45.5			177,450
45.5 to less than 50.5			177,870
50.5 to less than 55.5			181,965
55.5 to less than 60.5			209,475
60.5 to less than 65.5			237,090
65.5 to less than 70.5			264,600
70.5 to less than 75.5			292,215
75.5 to less than 80.5			347,340
80.5 to less than 85.5			402,465
85.5 to less than 90.5			457,590
90.5 to less than 95.5			512,715
95.5 up to and including 100			567,840

An employee may not receive compensation for more than a 100 percent disability of
the whole body, even if the employee sustains disability to two or more body parts.

(c) Permanent partial disability is payable upon cessation of temporary total disability
under subdivision 1. If the employee requests payment in a lump sum, then the compensation
must be paid within 30 days. This lump-sum payment may be discounted to the present
value calculated up to a maximum five percent basis. If the employee does not choose to
receive the compensation in a lump sum, then the compensation is payable in installments
at the same intervals and in the same amount as the employee's temporary total disability
rate on the date of injury. Permanent partial disability is not payable while temporary total
compensation is being paid.

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2022, section 176.102, subdivision 13, is amended to read:

Subd. 13.

Discontinuance.

new text begin (a) new text end All benefits payable under chapter 176 may, after a
determination and order by the commissioner or compensation judge, be discontinued or
forfeited for any time during which the employee refuses to submit to any reasonable
examinations and evaluative procedures ordered by the commissioner or compensation
judge to determine the need for and details of a plan of rehabilitation, or refuses to participate
in rehabilitation evaluation as required by this section or does not make a good faith effort
to participate in a rehabilitation plan. A discontinuance under this section is governed by
sections 176.238 and 176.239.

new text begin (b) Once the employer or insurer has accepted liability for a claim and a rehabilitation
plan has been approved, the employer or insurer may not discontinue payment of
rehabilitation services until notice has been filed with the commissioner and served on the
qualified rehabilitation consultant, the employee, and the attorney representing the employee,
if any. The notice shall state the date of intended discontinuance and set forth a statement
of facts clearly indicating the reason for the action. Copies of whatever medical reports or
other written reports in the employer's or insurer's possession which are relied on for the
discontinuance shall be attached to the notice.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 8.

Minnesota Statutes 2022, section 176.104, subdivision 1, is amended to read:

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 under section 176.102 prior to determination
of liability, the employee shall be referred by the commissioner to the department's Vocational
Rehabilitation Unit which shall provide rehabilitation consultation if appropriate. new text begin If the
sole dispute is regarding discontinuance of compensation, an employee eligible for
rehabilitation services may be referred to the Vocational Rehabilitation Unit only after the
employee or employer has filed an objection under section 176.238, subdivision 6, to the
administrative decision on discontinuance. new text end The services provided by the department's
Vocational Rehabilitation Unit and the scope and term of the rehabilitation are governed
by section 176.102 and rules adopted pursuant to that section. Rehabilitation costs and
services under this subdivision shall be monitored by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 9.

Minnesota Statutes 2022, section 176.106, subdivision 4, is amended to read:

Subd. 4.

Appearances.

All parties shall appear either personally, by telephone, new text begin by
electronic means, new text end by representative, or by written submission. The commissioner's designee
new text begin or compensation judge new text end shall determine the new text begin method of appearance and new text end issues in dispute based
upon the information available at the conference.

Sec. 10.

Minnesota Statutes 2022, section 176.129, subdivision 10, is amended to read:

Subd. 10.

Penalty.

Sums paid to the commissioner pursuant to this section shall be in
the manner prescribed by the commissioner. The commissioner may impose a penalty
payable to the commissioner for deposit in the assigned risk safety account of up to 15
percent of the amount due under this section but not less than $1,000 in the event payment
is not made or reports are not submitted in the manner prescribed. new text begin In addition to a penalty
under this subdivision, in the event payment is not made within six months of the due date,
the commissioner shall refer the self-insured employer or insurer's file to the Department
of Commerce for consideration of license or permit revocation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for due dates on or after the day following
final enactment.
new text end

Sec. 11.

Minnesota Statutes 2022, section 176.1292, subdivision 2, is amended to read:

Subd. 2.

Payment of permanent total disability benefits to employees, dependents,
and legal heirs.

(a) A payer is entitled to the relief described in subdivisions 3 and 4 only
if the payer complies with all of the conditions in paragraphs (b) to (d) for all of the payer's
permanently totally disabled employees and documents compliance according to the
procedures and forms established by the commissioner under subdivision 7.

(b) Except as provided in paragraph (e), the payer must:

(1) recharacterize supplementary benefits paid to all employees as permanent total
disability benefits if the supplementary benefits were paid because the permanent total
disability benefits were reduced by retirement benefits received by the employee;

(2) pay all permanently totally disabled employees, regardless of the date of injury, past
and future permanent total disability benefits calculated without any reduction for retirement
benefits received by the employees, from the date the employees' benefits were first reduced;
and

(3) for all deceased employees, pay the employees' dependents or, if none, the employees'
legal heirs, the permanent total disability benefits the deceased employees would have
received if the benefits had been calculated without any reduction for retirement benefits
received by the employees.

(c) A payer may take a credit against its obligations under paragraph (b), clauses (2) and
(3), for:

(1) supplementary benefits previously paid to an employee that have been recharacterized
as permanent total disability benefits under paragraph (b), clause (1); and

(2) permanent total disability benefits previously paid to an employee.

(d) The payer must pay the permanent total disability benefits as provided in paragraphs
(b) and (c) within the time frames described in clauses (1) to (4). More than one time frame
may apply to a claim.

(1) No later than 150 days following May 30, 2017, the payer must begin paying the
recalculated permanent total disability benefit amounts to employees who are entitled to
ongoing permanent total disability benefits.

(2) No later than 210 days following May 30, 2017, the payer must pay employees the
amounts that past permanent total disability benefits were underpaid.

(3) No later than 270 days following May 30, 2017, the payer must pay the employees'
dependents or legal heirs the amounts that permanent total disability benefits were underpaid.

(4) The commissioner may waive payment under paragraphs (b) and (c) or extend these
time frames if the payer, after making a good-faith effort, is unable to: locate an employee;
identify or locate the dependents or legal heirs of a deceased employee; or locate
documentation to determine the amount of an underpayment.

(e) Paragraphs (a) to (d) do not apply if:

(1) the employee died before January 1, 2008;

(2) the employee's last permanent total disability benefit was paid before January 1,
2000;

(3) the employee's last permanent total disability benefit would have been paid before
January 1, 2000, if it had not been reduced by deleted text begin his or her deleted text end new text begin the employee's new text end retirement benefits;

(4) a stipulation for settlement, signed by the employee and approved by a compensation
judge, provided for a full, final, and complete settlement of permanent total disability benefits
under this chapter in exchange for a lump sum payment amount or a lump sum converted
to a structured annuity;

(5) a final court order, or a stipulation for settlement signed by the employee and approved
by a compensation judge, explicitly states the employee's permanent total disability benefits
may be reduced by specified retirement benefits. Paragraphs (a) to (d) apply if a court order
or stipulation for settlement is ambiguous about whether the employee's permanent total
disability benefits could be reduced by retirement benefits; or

(6) a final court order or a stipulation for settlement described in clause (4) or (5) was
vacated after May 31, 2017.

Sec. 12.

Minnesota Statutes 2022, section 176.1292, subdivision 9, is amended to read:

Subd. 9.

Failure to comply.

(a) If a payer reports to the department that it has complied
with the requirements of subdivision 2, paragraphs (a) to (d), but the payer has not paid an
employee, dependent, or legal heir, as required by subdivision 2, the payer is subject to the
following:

(1) the payer must issue payment to the employee, dependent, or legal heir within 14
days of the date the payer discovers the noncompliance or the date the department notifies
the payer of the noncompliance;

(2) the payer is not entitled to the relief provided in subdivisions 3 and 4 as applied to
the claim of the specific employee, dependent, or legal heir who was not paid as required
by subdivision 2;

(3) the special compensation fund may immediately begin collection of any assessments
or over-reimbursement owed for the claim;

(4) if the commissioner determines that a payer's failure to comply under this subdivision
was not in good faith, the commissioner may assess a penalty, payable to the employee,
dependent, or legal heir, of up to 25 percent of the total permanent total disability benefits
underpaid; and

(5) if the payer is found after a hearing to be liable for increased or additional permanent
total disability benefits because the employee's permanent total disability benefits were
improperly reduced by deleted text begin his or her deleted text end new text begin the employee's new text end retirement benefits, the compensation judge
shall assess a penalty against the payer, payable to the employee or dependent, up to the
total amount of the permanent total disability benefits that were not paid pursuant to
subdivision 2. The compensation judge may issue a penalty against the payer, up to the total
amount of the permanent total disability benefits underpaid, payable to a legal heir.

(b) The penalties assessed under this subdivision are in addition to any other penalty
that may be, or is required to be, assessed under this chapter; however, the commissioner
shall not assess a penalty against a payer for late payment of permanent total disability
benefits if the employee's benefits have been paid and documented in accordance with
subdivision 2.

(c) If a payer and the special compensation fund have agreed to a list of employees
required to be paid under subdivision 2, this subdivision does not apply to any claim with
a date of injury before October 1, 1995, that is not on the agreed-upon list.

Sec. 13.

Minnesota Statutes 2023 Supplement, section 176.135, subdivision 7, is amended
to read:

Subd. 7.

Medical bills and records.

(a) Health care providers shall submit to the insurer
an itemized statement of charges in the standard electronic transaction format when required
by section 62J.536 or, if there is no prescribed standard electronic transaction format, on a
billing form prescribed by the commissioner. Health care providers shall also submit copies
of medical records or reports that substantiate the nature of the charge and its relationship
to the work injury. Pursuant to Minnesota Rules, part 5219.0300, health care providers may
charge for copies of any records or reports that are in existence and directly relate to the
items for which payment is sought under this chapter. The commissioner shall adopt, by
rule, a schedule of reasonable charges that will apply to charges not covered by paragraphs
(d) and (e).

A health care provider shall not collect, attempt to collect, refer a bill for collection, or
commence an action for collection against the employee, employer, or any other party until
the information required by this section has been furnished.

A United States government facility rendering health care services to veterans is not
subject to the uniform billing form requirements of this subdivision.

(b) For medical services provided under this section, the codes from the International
Classification of Diseases, Tenth Edition, Clinical Modification/Procedure Coding System
(ICD-10), must be used to report medical diagnoses and hospital inpatient procedures when
required by the United States Department of Health and Human Services for federal
programs. The commissioner must replace the codes from the International Classification
of Diseases, Ninth Edition, Clinical Modification/Procedure Coding System (ICD-9), with
equivalent ICD-10 codes wherever the ICD-9 codes appear in rules adopted under this
chapter. The commissioner must use the General Equivalence Mappings established by the
Centers for Medicare and Medicaid Services to replace the ICD-9 diagnostic codes with
ICD-10 codes in the rules.

(c) The commissioner shall amend rules adopted under this chapter as necessary to
implement the ICD-10 coding system in paragraph (b). The amendments shall be adopted
by giving notice in the State Register according to the procedures in section 14.386, paragraph
(a). The amended rules are not subject to expiration under section 14.386, paragraph (b).

(d) The requirements in this paragraph and paragraph (e) apply to each request for copies
of existing medical records new text begin fulfilled by a health care provider or the health care provider's
agent new text end that are required to be maintained in electronic format by state or federal law.

(1) If an authorized requestor of copies of medical records submits a written request for
advance notice of the cost of the copies requested, the health care provider must notify the
requestor of the estimated cost before sending the copies. If the requestor approves the cost
and copies of the records are provided, the payment is the applicable fee under paragraph
(e). If the requestor does not pay for the records, the health care provider may charge a fee,
which must not exceed $10.

(2) A health care provider shall not require prepayment for the cost of copies of medical
records under this paragraph or Minnesota Rules, chapter 5219, unless there is an outstanding
past-due invoice for the requestor concerning a previous request for records from the health
care provider.

(3) A health care provider shall provide copies of medical records in electronic format.

(4) The charges under paragraph (e) include any fee for retrieval, download, or other
delivery of records.

(e) For any copies of electronic records provided under paragraph (d), a health care
provider new text begin or the health care provider's agent new text end may not charge more than a total of:

(1) $10 if there are no records available;

(2) $30 for copies of records of up to 25 pages;

(3) $50 for copies of records of up to 100 pages;

(4) $50, plus an additional 20 cents per page for pages 101 and above; or

(5) $500 for any request.

new text begin (f) The commissioner may assess a penalty against a health care provider for each
violation of this section by the health care provider or the health care provider's agent of
$500, payable to the assigned risk safety account.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 14.

Minnesota Statutes 2022, section 176.137, subdivision 2, is amended to read:

Subd. 2.

Cost.

The pecuniary liability of an employer for remodeling or alteration
required by this section is limited to prevailing costs in the community for remodeling or
alteration of that type. The costs of obtaining the architectural certification and supervision
required by this section new text begin , or the costs of obtaining approval by a certified building official
or certified accessibility specialist under subdivision 4, paragraph (b), clause (3), new text end are included
in the deleted text begin $75,000 deleted text end new text begin $150,000 new text end limit in subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2024.
new text end

Sec. 15.

Minnesota Statutes 2022, section 176.137, subdivision 5, is amended to read:

Subd. 5.

Limitation.

An employee is limited to deleted text begin $75,000 deleted text end new text begin $150,000 new text end under this section for
each personal injury.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for dates of injury on or after October
1, 2024.
new text end

Sec. 16.

Minnesota Statutes 2023 Supplement, section 176.155, subdivision 1, is amended
to read:

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
or motel facilities. The examination must be scheduled at a location within 150 miles of the
employee's residence unless the employer can show cause to the deleted text begin department deleted text end new text begin office new text end to order
an examination at a location further from the employee's residence. The employee is entitled
upon request to have a personal physician or witness present at any such examination. Each
party shall defray the cost of that party's physician.

(b) Any report or written statement made by the employer's physician as a result of an
examination of the employee, regardless of whether the examination preceded the injury
or was made subsequent to the injury or whether litigation is pending, must be served upon
the employee and the attorney representing the employee, if any, no later than 14 calendar
days within the issuance of the report or written statement.

(c) The employer shall pay reasonable travel expenses incurred by the employee in
attending the examination including mileage, parking, and, if necessary, lodging and meals.
The employer shall also pay the employee for any lost wages resulting from attendance at
the examination.

(d) A self-insured employer or insurer who is served with a claim petition pursuant to
section 176.271, subdivision 1, or 176.291, shall schedule any necessary examinations of
the employee, if an examination by the employer's physician or health care provider is
necessary to evaluate benefits claimed. The examination shall be completed and the report
of the examination shall be served on the employee and filed with the commissioner within
120 days of service of the claim petition. Any request for a good cause extension pursuant
to paragraph (e) must be made within 120 days of service of the claim petition, except that
a request may be made after 120 days of service of a claim petition in the following
circumstances:

(1) a change to the employee's claim regarding the nature and extent of the injury;

(2) a change to the permanency benefits claimed by the employee, including a change
in permanent partial disability percentage;

(3) a new claim for indemnity benefits; or

(4) the employment relationship is not admitted by the uninsured employer.

(e) No evidence relating to the examination or report shall be received or considered by
the commissioner, a compensation judge, or the court of appeals in determining any issues
unless the report has been served and filed as required by this section, unless a written
extension has been granted by the commissioner or compensation judge. The commissioner
or a compensation judge shall extend the time for completing the adverse examination and
filing the report upon good cause shown. The extension must not be for the purpose of delay
and the insurer must make a good faith effort to comply with this subdivision. Good cause
shall include but is not limited to:

(1) that the extension is necessary because of the limited number of physicians or health
care providers available with expertise in the particular injury or disease, or that the extension
is necessary due to the complexity of the medical issues, or

(2) that the extension is necessary to gather additional information which was not included
on the petition as required by section 176.291.

Sec. 17.

Minnesota Statutes 2022, section 176.155, subdivision 2, is amended to read:

Subd. 2.

Neutral physician.

In each case of dispute as to the injury the commissioner
of labor and industry, or in case of a hearing the compensation judge conducting the hearing,
or the Workers' Compensation Court of Appeals if the matter is before it, may with or
without the request of any interested party, designate a neutral physician to make an
examination of the injured worker and report the findings to the commissioner of labor and
industry, compensation judge, or the Workers' Compensation Court of Appeals deleted text begin , as the case
may be deleted text end ; provided that the request of the interested party must comply with the rules of the
commissioner of labor and industry deleted text begin and deleted text end new text begin , the office, or new text end the Workers' Compensation Court
of Appeals new text begin , new text end regulating the proper time and forms for the request, and further provided that
when an interested party requests, not later than 30 days prior to a scheduled prehearing
conference, that a neutral physician be designated, the compensation judge shall make such
a designation. When a party has requested the designation of a neutral physician prior to a
prehearing conference, that party may withdraw the request at any time prior to the hearing.
The commissioner of labor and industry, compensation judge, or the Workers' Compensation
Court of Appeals, deleted text begin as the case may be, deleted text end may request the neutral physician to answer any
particular question with reference to the medical phases of the case, including questions
calling for an opinion as to the cause and occurrence of the injury insofar as medical
knowledge is relevant in the answer. A copy of the signed certificate of the neutral physician
shall be mailed to the parties in interest and either party, within five days from date of
mailing, may demand that the physician be produced for purposes of cross-examination.
The signed certificate of a neutral physician is competent evidence of the facts stated therein.
The expense of the examination shall be paid as ordered by the commissioner of labor and
industry, compensation judge, or the Workers' Compensation Court of Appeals.

Sec. 18.

Minnesota Statutes 2022, section 176.231, subdivision 9a, is amended to read:

Subd. 9a.

Access to division file without an authorization; attorney access.

(a) Access
to the division file established for a specific claimed date or dates of injury under this chapter
is allowed without an authorization from the employee, employer, or insurer, as described
in clauses (1) to (7):

(1) an employee, as described in subdivision 9, paragraph (c), has access to the division
file established for the employee's claimed date or dates of injury;

(2) an employer and insurer have access to the division file for a workers' compensation
claim to which the employer and insurer are parties;

(3) the Department of Administration under section 13.43, subdivision 18, the assigned
risk plan under chapter 79, the special compensation fund established under section 176.129,
the self-insurers security fund under chapter 79A, and the Minnesota insurance guaranty
association under chapter 60C have access to all of the documents in the division file for a
claim to which they are a party or are otherwise providing, paying, or reimbursing workers'
compensation benefits under this chapter;

(4) a person who has filed a motion to intervene in a pending dispute at an agency has
access to the documents in the division file that are filed in connection with the dispute in
which the person has filed a motion to intervene;

(5) a registered rehabilitation provider assigned to provide rehabilitation services to an
employee has access to the documents in the division file that are filed in connection with
the employee's vocational rehabilitation or a dispute about vocational rehabilitation under
section 176.102;

(6) a third-party administrator licensed under section 60A.23, subdivision 8, has access
to the division file for a claim it has contracted to administer on behalf of any of the entities
listed in this subdivision; and

(7) the program administrator for a collective bargaining agreement approved by the
commissioner under section 176.1812 has access to the division file for a claim that is
covered by the agreement.

(b) An attorney who has filed with the commissioner in CAMPUS a notice of
representation of a person or entity listed in paragraph (a) has the same access to documents
in the division file that the represented person or entity has, unless the attorney specifies
when filing the notice that access should be limited. If the attorney represents an employee
as described in subdivision 9, paragraph (c), one of the following documents signed by the
employee must be attached to the notice: a written authorization, a retainer agreement, or
a document initiating or responding to a workers' compensation dispute filed under this
chapter.

(c) If the attorney's access is not limited by an authorization, notice of representation,
or the represented person or entity's access under paragraph (a), the attorney's access
continues until one of the following occurs, whichever is later:

(1) one year after an authorization is filed;

(2) deleted text begin five deleted text end new text begin three new text end years after the date a retainer agreement or notice of representation was
filed where no dispute has been initiated; new text begin or
new text end

(3) five years after the date deleted text begin the attorney filed a document initiating, responding to, or
intervening in a workers' compensation dispute under this chapter; deleted text end new text begin a retainer agreement or
notice of representation was filed where a dispute has been initiated by filing a document
specified in section 176.2611, subdivision 4.
new text end

deleted text begin (4) five years after the date an award on stipulation was served and filed if the award
was related to a dispute in which the attorney represented a party in paragraph (a); or
deleted text end

deleted text begin (5) five years after the date a final order or final penalty assessment was issued as defined
in subdivision 9c, paragraph (a), clause (3), if the final order or penalty assessment was
related to a dispute in which the attorney represented a party listed in paragraph (a).
deleted text end

Notwithstanding the time frames in clauses (1) to deleted text begin (5) deleted text end new text begin (3) new text end , an attorney no longer has access
to the division file as of the date the attorney files a notice of withdrawal from the case, or
the date the department receives written notice that the authorization is withdrawn or that
the attorney no longer represents the person. However, if a dispute over an attorney's fees
is pending at the office, the attorney has continued access to the division file until a final
order or award on stipulation resolving the attorney fee dispute is received by the
commissioner.

(d) The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:

(1) attorney who represents one of the persons described in paragraph (b);

(2) attorney who represents an intervenor or potential intervenor under section 176.361;

(3) intervenor; or

(4) employee's assigned qualified rehabilitation consultant under section 176.102.

(e) If the department receives information that indicates that identifying or contact
information for an employee, dependent, employer, insurer, or third-party administrator for
an employer or insurer is erroneous or no longer accurate, the department may update the
information in all relevant workers' compensation files to reflect:

(1) the current and accurate name, address, Social Security number or worker
identification number, and contact information for an employee, unless the employee notifies
the commissioner in writing that the information in a workers' compensation file for a
specific date of injury may not be updated; and

(2) the current and accurate name, address, and contact information for an employer,
insurer, or third-party administrator for an employer or insurer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 19.

Minnesota Statutes 2022, section 176.238, subdivision 1, is amended to read:

Subdivision 1.

Necessity for notice and showing; contents.

Except as provided in
section 176.221, subdivision 1, once the employer new text begin or insurer new text end has commenced payment of
benefits, the employer may not discontinue payment of compensation until it provides the
employee with notice in writing of intention to do so. A copy of the notice shall be filed
with the division by the employer new text begin or insurer new text end . The notice to the employee and the copy to
the division shall state the date of intended discontinuance and set forth a statement of facts
clearly indicating the reason for the action. Copies of whatever medical reports or other
written reports in the employer's new text begin or insurer's new text end possession which are relied on for the
discontinuance shall be attached to the notice.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 20.

Minnesota Statutes 2022, section 176.238, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Employer's deleted text end Liability new text begin for compensation new text end ; discontinuance.

(a) If the reason
for discontinuance is that the employee has returned to work, temporary total compensation
may be discontinued effective the day the employee returned to work. Written notice shall
be served on the employee and filed with the division within 14 days of the date the deleted text begin insurer
or self-insured deleted text end employer new text begin or insurer new text end has notice that the employee has returned to work.

(b) If the reason for the discontinuance is for other than that the employee has returned
to work, the liability of the employer new text begin or insurer new text end to make payments of compensation continues
until the copy of the notice and reports have been filed with the division. When the division
has received a copy of the notice of discontinuance, the statement of facts and available
medical reports, the duty of the employer new text begin or insurer new text end to pay compensation is suspended,
except as provided in the following subdivisions and in section 176.239.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 21.

Minnesota Statutes 2022, section 176.238, subdivision 3, is amended to read:

Subd. 3.

Interim administrative decision.

An employee may request the deleted text begin commissioner deleted text end new text begin
office new text end to schedule an administrative discontinuance conference to obtain an expedited interim
decision concerning the discontinuance of compensation. Procedures relating to
discontinuance conferences are set forth in section 176.239.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 22.

Minnesota Statutes 2022, section 176.238, subdivision 4, is amended to read:

Subd. 4.

Objection to discontinuance.

An employee may serve on the employer new text begin and
insurer new text end and file with the deleted text begin commissioner deleted text end new text begin office new text end an objection to discontinuance if:

(1) the employee elects not to request an administrative conference under section 176.239;

(2) if the employee fails to timely proceed under that section;

(3) if the discontinuance is not governed by that section; or

(4) if the employee disagrees with the interim administrative decision issued under that
section. Within ten calendar days after receipt of an objection to discontinuance, the
deleted text begin commissioner deleted text end new text begin office new text end shall deleted text begin refer deleted text end new text begin schedule new text end the matter deleted text begin to the office deleted text end for a de novo hearing before
a compensation judge to determine the right of the employee to further compensation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 23.

Minnesota Statutes 2022, section 176.238, subdivision 5, is amended to read:

Subd. 5.

Petition to discontinue.

Instead of filing a notice of discontinuance, an employer
new text begin or insurer new text end may serve on the employee and file with the deleted text begin commissioner deleted text end new text begin office new text end a petition to
discontinue compensation. A petition to discontinue compensation may also be used when
the employer new text begin or insurer new text end disagrees with the interim administrative decision under section
176.239. Within ten calendar days after receipt of a petition to discontinue, the deleted text begin commissioner deleted text end new text begin
office new text end shall deleted text begin refer deleted text end new text begin schedule new text end the matter deleted text begin to the office deleted text end for a de novo hearing before a compensation
judge to determine the right of the employer new text begin or insurer new text end to discontinue compensation.

The petition shall include copies of medical reports or other written reports or evidence
in the possession of the employer new text begin or insurer new text end bearing on the physical condition or other
present status of the employee which relate to the proposed discontinuance. The employer
new text begin or insurer new text end shall continue payment of compensation until the filing of the decision of the
compensation judge and thereafter as the compensation judge, court of appeals, or the
supreme court directs, unless, during the interim, occurrences arise justifying the filing of
a notice under subdivision 1 or 2 and the discontinuance is permitted by the commissioner's
order or no conference under section 176.239 is requested.

Sec. 24.

Minnesota Statutes 2022, section 176.238, subdivision 6, is amended to read:

Subd. 6.

Expedited hearing before compensation judge.

(a) A hearing before a
compensation judge shall be held within 60 calendar days after the deleted text begin office receives the file
from the commissioner deleted text end new text begin filing of the objection to discontinuance or petition to discontinue new text end
if:

(1) an objection to discontinuance has been filed under subdivision 4 within 60 calendar
days after the notice of discontinuance was filed and where no administrative conference
has been held;

(2) an objection to discontinuance has been filed under subdivision 4 within 60 calendar
days after an interim administrative decision under this section has been issued;

(3) a petition to discontinue has been filed by the new text begin employer or new text end insurer in lieu of filing a
notice of discontinuance; or

(4) a petition to discontinue has been filed within 60 calendar days after the interim
administrative decision under this section has been issued.

(b) If the petition or objection is filed later than the deadlines listed above, the expedited
procedures in this section apply only where the employee is unemployed at the time of filing
the objection and shows, to the satisfaction of the chief administrative new text begin law new text end judge, by sworn
affidavit, that the failure to file the objection within the deadlines was due to some infirmity
or incapacity of the employee or to circumstances new text begin that are new text end beyond the employee's control.
The hearing shall be limited to the issues raised by the notice or petition unless all parties
agree to expanding the issues. If the issues are expanded, the time limits for hearing and
issuance of a decision by the compensation judge under this subdivision shall not apply.

(c) Once a hearing date has been set, a continuance of the hearing date will be granted
only under the following circumstances:

(1) the employer new text begin or insurer new text end has agreed, in writing, to a continuation of the payment of
benefits pending the outcome of the hearing; or

(2) the employee has agreed, in a document signed by the employee, that benefits may
be discontinued pending the outcome of the hearing.

(d) Absent a clear showing of surprise at the hearing or the unexpected unavailability
of a crucial witness, all evidence must be introduced at the hearing. If it is necessary to
accept additional evidence or testimony after the scheduled hearing date, it must be submitted
no later than 14 days following the hearing, unless the compensation judge, for good cause,
determines otherwise.

(e) When a compensation judge issued the interim administrative decision, the de novo
hearing under paragraph (a), clauses (2) and (4), must be held before a compensation judge
other than the compensation judge who presided over the administrative conference. The
compensation judge shall issue a decision pursuant to this subdivision within 30 days
following the close of the hearing record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 25.

Minnesota Statutes 2022, section 176.238, subdivision 7, is amended to read:

Subd. 7.

Order of compensation judge.

If the order of the compensation judge confirms
a discontinuance of compensation, the service and filing of the order relieves the employer
new text begin and insurer new text end from further liability for compensation subject to the right of review provided
by this chapter, and to the right of the compensation judge to set aside the order at any time
prior to the review and to grant a new hearing pursuant to this chapter. Once an appeal to
the Workers' Compensation Court of Appeals is filed, a compensation judge may not set
aside the order. In any appeal from the compensation judge's decision under this section,
the court of appeals shall conclude any oral arguments by the parties within 60 days following
certification of the record from the office.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 26.

Minnesota Statutes 2022, section 176.238, subdivision 10, is amended to read:

Subd. 10.

Fines; violation.

An employer new text begin or insurer new text end who violates requirements set forth
in this section or section 176.239 is subject to a fine of up to deleted text begin $1,000 deleted text end new text begin $2,500 new text end for each violation
payable to the commissioner for deposit in the assigned risk safety account.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 27.

Minnesota Statutes 2022, section 176.239, subdivision 2, is amended to read:

Subd. 2.

Request for administrative conference.

If the employee disagrees with the
notice of discontinuance, the employee may request that the deleted text begin commissioner deleted text end new text begin office new text end schedule
an administrative conference to be conducted pursuant to this section.

If temporary total, temporary partial, or permanent total compensation has been
discontinued because the employee has returned to work, and the employee believes benefits
should be reinstated due to occurrences during the initial 14 calendar days of the employee's
return to work, the employee's request must be received by the deleted text begin commissioner deleted text end new text begin office new text end within
30 calendar days after the employee has returned to work. If the employer has failed to
properly serve and file the notice as provided in section 176.238, the employee's time period
to request an administrative conference is extended up to and including the 40th calendar
day subsequent to the return to work.

If temporary total, temporary partial, or permanent total compensation has been
discontinued for a reason other than a return to work, the employee's request must be received
by the deleted text begin commissioner deleted text end new text begin office new text end within 12 calendar days after the notice of discontinuance is
received by the commissioner. If the employer discontinues compensation without giving
notice as required by section 176.238, the employee's time period for requesting an
administrative conference is extended up to and including the 40th calendar day after which
the notice should have been served and filed.

The deleted text begin commissioner deleted text end new text begin office new text end may determine that an administrative conference is not necessary
under this section for reasons prescribed by rule and permit the employer to discontinue
compensation, subject to the employee's right to file an objection to discontinuance under
section 176.238, subdivision 4.

In lieu of making a written request for an administrative conference with the
deleted text begin commissioner deleted text end new text begin office new text end , an employee may make an in-person or telephone request for the
administrative conference.

Sec. 28.

Minnesota Statutes 2022, section 176.239, subdivision 3, is amended to read:

Subd. 3.

Payment through date of discontinuance conference.

(a) If a notice of
discontinuance has been served and filed due to the employee's return to work, and the
employee requests a conference, the employer is not obligated to reinstate or otherwise pay
temporary total, temporary partial, or permanent total compensation unless so ordered by
the deleted text begin commissioner deleted text end new text begin compensation judge new text end .

(b) When an administrative conference is conducted under circumstances in which the
employee has not returned to work, compensation shall be paid through the date of the
administrative conference unless:

(1) the employee has returned to work since the notice was filed;

(2) the employee fails to appear at the scheduled administrative conference; or

(3) due to unusual circumstances or pursuant to the rules of the division, the deleted text begin commissioner deleted text end new text begin
compensation judge new text end orders otherwise.

Sec. 29.

Minnesota Statutes 2022, section 176.239, subdivision 4, is amended to read:

Subd. 4.

Scheduling of conference.

If the employee timely requests an administrative
conference under this section, the deleted text begin commissioner deleted text end new text begin office new text end shall schedule a conference within
ten calendar days after receiving the request.

Sec. 30.

Minnesota Statutes 2022, section 176.239, subdivision 5, is amended to read:

Subd. 5.

Continuances.

An employee or employer may request a continuance of a
scheduled administrative conference. If the deleted text begin commissioner deleted text end new text begin compensation judge new text end determines
there is good cause for a continuance, the deleted text begin commissioner deleted text end new text begin compensation judge new text end may grant the
continuance for not more than 14 calendar days unless the parties agree to a longer
continuance. If compensation is payable through the day of the administrative conference
pursuant to subdivision 3, and the employee is granted a continuance, compensation need
not be paid during the period of continuance unless the deleted text begin commissioner deleted text end new text begin compensation judge
new text end orders otherwise. If the employer is granted a continuance and compensation is payable
through the day of the administrative conference pursuant to subdivision 3, then compensation
shall continue to be paid during the continuance. The deleted text begin commissioner deleted text end new text begin compensation judge
new text end may grant an unlimited number of continuances provided that payment of compensation
during any continuance is subject to this subdivision.

Sec. 31.

Minnesota Statutes 2023 Supplement, section 176.239, subdivision 6, is amended
to read:

Subd. 6.

Scope of the administrative decision.

If benefits have been discontinued due
to the employee's return to work, the deleted text begin commissioner deleted text end new text begin compensation judge new text end shall determine
whether, as a result of occurrences arising during the initial 14 calendar days after the return
to work, the employee is entitled to additional payment of temporary total, temporary partial,
or permanent total compensation.

If periodic payment of temporary total, temporary partial, or permanent total
compensation has been discontinued for reasons other than a return to work, the deleted text begin commissioner deleted text end
new text begin compensation judge new text end shall determine whether the employer has reasonable grounds to support
the discontinuance. Only reasons specified on the notice of discontinuance shall provide a
basis for a discontinuance, unless the parties agree otherwise.

Sec. 32.

Minnesota Statutes 2023 Supplement, section 176.239, subdivision 7, is amended
to read:

Subd. 7.

Interim administrative decision.

After considering the information provided
by the parties at the administrative conference and exhibits filed by the parties with the
office, the deleted text begin commissioner deleted text end new text begin compensation judge new text end shall issue to all interested parties a written
decision on payment of compensation. Administrative decisions under this section shall be
issued within five working days from the close of the conference. Disputed issues of fact
shall be determined by a preponderance of the evidence.

Sec. 33.

Minnesota Statutes 2022, section 176.239, subdivision 9, is amended to read:

Subd. 9.

Administrative decision binding; effect of subsequent determinations.

The
interim administrative decision under this section is binding upon the parties and the rights
and obligations of the parties are governed by the decision.

If an objection or a petition is filed under subdivision 8, the interim administrative
decision remains in effect and the parties' obligations or rights to pay or receive compensation
are governed by the interim administrative decision, pending a determination by a
compensation judge pursuant to section 176.238, subdivision 6.

If the deleted text begin commissioner has denied a deleted text end discontinuance deleted text begin or otherwise ordered commencement
of benefits deleted text end new text begin has been denied new text end , the employer shall continue paying compensation until an order
is issued by a compensation judge, the court of appeals, or the supreme court, allowing
compensation to be discontinued, or unless, during the interim, occurrences arise justifying
the filing of a notice under section 176.238, subdivision 1 or 2, and the discontinuance is
permitted by the deleted text begin commissioner deleted text end new text begin compensation judge new text end or no conference is requested. If a
compensation judge new text begin after a de novo hearing new text end , the court of appeals, or the supreme court later
rules that the discontinuance was proper or that benefits were otherwise not owing the
employee, payments made under the interim administrative decision and order shall be
treated as an overpayment which the insurer may recover from the employee subject to
section 176.179.

If the deleted text begin commissioner deleted text end new text begin compensation judge new text end has permitted a discontinuance or otherwise
not ordered commencement of benefits, the service and filing of the administrative decision
relieves the employer from further liability for compensation subject to the right of review
afforded by this chapter.

Sec. 34.

Minnesota Statutes 2022, section 176.239, subdivision 10, is amended to read:

Subd. 10.

Application of section.

This section is applicable to all cases in which the
employee's request for an administrative conference is received by the deleted text begin division deleted text end new text begin office new text end after
July 1, 1987, even if the injury occurred prior to July 1, 1987. This section shall not apply
to those employees who have been adjudicated permanently totally disabled, or to those
employees who have been administratively determined pursuant to division rules to be
permanently totally disabled.

Sec. 35.

Minnesota Statutes 2022, section 176.253, subdivision 2, is amended to read:

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 deleted text begin in deleted text end new text begin on new text end 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.

Sec. 36.

Minnesota Statutes 2022, section 176.2611, subdivision 7, is amended to read:

Subd. 7.

Workers' Compensation Court of Appeals.

The Workers' Compensation
Court of Appeals has authority to amend its rules of procedure to reflect electronic filing
with the office under this section for purposes of section 176.421, subdivision 5, and to
allow electronic filing with the court under section 176.285. deleted text begin The court may amend its rules
using the procedure in section 14.389. deleted text end new text begin Section 14.125 does not apply to the agency's
rulemaking authority under this section and sections 176.281, paragraph (d), and 176.285,
subdivision 2a.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 37.

Minnesota Statutes 2022, section 176.271, subdivision 1, is amended to read:

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 deleted text begin commissioner at the commissioner's principal office deleted text end new text begin
department or office new text end . All claim petitions shall include the information required by section
176.291.

Sec. 38.

Minnesota Statutes 2022, section 176.275, subdivision 1, is amended to read:

Subdivision 1.

Filing.

If a document is required to be filed by this chapter or any rules
adopted pursuant to authority granted by this chapter, the filing shall be completed upon
acceptance of the document by the agency. Any document that lacks information required
by statute or rule, or is not filed in the manner and format required by this chapter, may be
rejected. A document rejected for any of these reasons is not considered filed. An agency
is not required to maintain, and may destroy, a duplicate of a document that has already
been filed. If a workers' compensation identification number has been assigned by the
department, it must be substituted for the Social Security number on a document. new text begin The
commissioner may request additional proof of an injured worker's identity before assigning
an identification number.
new text end

A notice or other document required to be served or filed at either the department, the
office, or the court of appeals which is inadvertently served or filed at the wrong one of
these agencies by an unrepresented employee shall be deemed to have been served or filed
with the proper agency. The receiving agency shall note the date of receipt of a document
and shall forward the documents to the proper agency no later than two working days
following receipt.

new text begin EFFECTIVE DATE. new text end

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

Sec. 39.

Minnesota Statutes 2022, section 176.285, subdivision 2, is amended to read:

Subd. 2.

Electronic service and filing on an agency.

(a) Where a statute or rule
authorizes or requires a document to be filed with or served on the office, the document
deleted text begin may deleted text end new text begin must new text end be filed electronically deleted text begin if electronic filing is authorized by the office and if the
document is transmitted deleted text end in the manner and in the format specified by the office. Where a
statute or rule authorizes or requires a document to be filed with or served on the
commissioner or the Workers' Compensation Court of Appeals, the document must be filed
electronically in the manner and format specified by the commissioner. An employee must
not be required to file a document electronically at any agency unless the document is filed
by an attorney on behalf of the employee.

(b) If electronic filing of a document is deleted text begin authorized by the office or deleted text end required under this
subdivision and a statute or rule requires a copy of the document to be provided or served
on another person or party, the document filed electronically with the agency and provided
or served on the other person or party must contain the same information in the format
required by the agency.

(c) For purposes of serving on and filing with an agency under this chapter, "electronic"
and "electronically" excludes facsimile and email unless authorized by the agency. A
document is deemed filed with an agency on the business day it is accepted for filing on or
before 11:59 p.m.

Sec. 40.

Minnesota Statutes 2022, section 176.285, subdivision 2a, is amended to read:

Subd. 2a.

Electronic signatures.

(a) Where a statute or rule authorizes or requires a
person's signature on a document to be filed with or served on an agency, the signature may
be an electronic signature, as defined by section 325L.02, or transmitted electronically, if
authorized by the agency and if the signature is transmitted in the manner and format
specified by the agency. The commissioner may require that a document authorized or
required to be filed with the commissioner, department, or division be filed electronically
in the manner and format specified by the commissioner, except that an employee must not
be required to file a document electronically unless the document is filed by an attorney on
behalf of an employee. The department new text begin , Workers Compensation Court of Appeals, new text end or deleted text begin court deleted text end
new text begin office new text end may adopt rules for the certification of signatures. new text begin Section 14.125 does not apply to
the rulemaking authority under this section.
new text end

(b) If a rehabilitation provider files a rehabilitation plan or other document that requires
the signature of the employee, employer, or insurer pursuant to section 176.102, or rules
adopted under section 176.102, the rehabilitation provider shall specify whether each party's
signature has been obtained. The rehabilitation provider must retain the document with the
original signature or signatures of the employee and insurer or self-insured employer for
five years after the rehabilitation plan is closed and must make the signed document available
to the commissioner or compensation judge upon request.

new text begin EFFECTIVE DATE. new text end

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

Sec. 41.

Minnesota Statutes 2022, section 176.285, subdivision 2b, is amended to read:

Subd. 2b.

Electronic service of documents on party through office case management
system or CAMPUS.

(a) deleted text begin The office may serve a document electronically on a payer,
rehabilitation provider, or attorney. The office may serve a document on any other party if
the recipient agrees to receive it in an electronic format. The date of electronic service of a
document is the date the recipient is sent a document electronically, or the date the recipient
is notified that the document is available on a website, whichever occurs first. deleted text end new text begin The office
and a party may electronically serve through the office's case management system a document
required to be served on a party or filed with the office on any person with an account in
the case management system.
new text end

(b) The commissioner, the Workers' Compensation Court of Appeals, and a party may
electronically serve through CAMPUS a document required to be served on a party or filed
with the commissioner on any person with an account in CAMPUS under section 176.2612.
Service through CAMPUS must be either by secure email or by emailing a notice that the
document may be accessed through a web portal. Service of a document through CAMPUS
on an attorney for a party is considered to be service on the party, except where service on
the employee is specifically required by this chapter.

(c) An employee must not be electronically served unless the employee has created an
account and has agreed to accept electronic service through the office's case management
system or CAMPUS.

(d) The date of electronic service of a document is the date the recipient is sent a
document electronically, or the date the recipient is notified that the document is available
on a website, whichever occurs first.

Sec. 42.

Minnesota Statutes 2022, section 176.305, subdivision 1, is amended to read:

Subdivision 1.

Hearings on petitions.

The petitioner shall serve a copy of the petition
on each adverse party deleted text begin personally or by first class mail. A clear deleted text end new text begin and file a new text end copy deleted text begin shall be filed deleted text end
with the office, together with an appropriate affidavit of service. new text begin Service and filing must be
made as provided under section 176.285, subdivisions 1 and 2.
new text end

Sec. 43.

Minnesota Statutes 2022, section 176.321, subdivision 1, is amended to read:

Subdivision 1.

Filing, service.

Within deleted text begin 20 deleted text end new text begin 30 new text end 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.

Sec. 44.

Minnesota Statutes 2022, section 176.321, subdivision 3, is amended to read:

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 deleted text begin a deleted text end new text begin pretrial conference and new text end hearing
at the first available date under section 176.331.

Sec. 45.

Minnesota Statutes 2022, section 176.322, is amended to read:

176.322 DECISIONS BASED ON STIPULATED FACTS.

If the parties agree to a stipulated set of facts and only legal issues remain, the
deleted text begin commissioner or deleted text end 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.

Sec. 46.

Minnesota Statutes 2022, section 176.341, subdivision 6, is amended to read:

Subd. 6.

Significant financial hardship; expedited hearings.

An employee may file
a request for an expedited hearing which must be granted upon a showing of significant
financial hardship. In determining whether a significant financial hardship exists,
consideration shall be given to whether the employee is presently employed, the employee's
income from all sources, the nature and extent of the employee's expenses and debts, whether
the employee is the sole support of any dependents, whether either foreclosure of homestead
property or repossession of necessary personal property is imminent, and any other matters
which have a direct bearing on the employee's ability to provide food, clothing, and shelter
for the employee and any dependents.

A request for an expedited hearing must be accompanied by a sworn affidavit of the
employee providing facts necessary to satisfy the criteria for a significant financial hardship.
The request may be made at the time a claim petition is filed or any time thereafter. Unless
the employer objects to the request in the answer to the claim petition or within deleted text begin 20 deleted text end new text begin 30 new text end
calendar days of the filing of a request made subsequent to the filing of the claim petition,
the affidavit is a sufficient showing of significant financial hardship.

If a request for an expedited hearing has been served and filed, the deleted text begin commissioner or deleted text end
compensation judge shall deleted text begin issue an order granting deleted text end new text begin grant new text end or deleted text begin denying deleted text end new text begin deny new text end the request, provided
that where the parties agree that significant financial hardship exists or no objection to the
request is timely filed, the request is automatically granted deleted text begin and the compensation judge or
commissioner need not issue an order deleted text end . If it is denied, the matter will be returned to the
regular calendar of cases and the request for an expedited hearing may be renewed at a
settlement conference. deleted text begin If no objection has been timely filed or if the request is granted, the
commissioner shall immediately refer the matter to the office to commence prehearing
procedures.
deleted text end

deleted text begin The calendar judge shall issue a prehearing order and notice of the date, time, and place
for a prehearing conference which shall be set for no later than 45 days following the filing
of the affidavit of significant financial hardship. The prehearing order shall require the
parties to serve and file prehearing statements no later than five working days prior to the
date set for the prehearing conference. The prehearing statements shall include those items
listed in the joint rules of the division and the office which the calendar judge deems
appropriate.
deleted text end

deleted text begin Following any prehearing conference and absent an agreement or stipulation from the
parties, the commissioner or compensation judge shall issue an order establishing deadlines
for the parties to complete their preparation for hearing and, after consultation with the
calendar judge, establishing the date, time, and place for a hearing.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 47.

Minnesota Statutes 2022, section 176.361, subdivision 1, is amended to read:

Subdivision 1.

Right to intervene.

A person who has an interest in any matter before
the Workers' Compensation Court of Appeals, or commissioner, or deleted text begin compensation judge deleted text end
new text begin office new text end such that the person may either gain or lose by an order or decision may intervene in
the proceeding by filing a motion in writing stating the facts which show the interest. The
commissioner is considered to have an interest and shall be permitted to intervene at the
appellate level when a party relies in its claim or defense upon any statute or rule administered
by the commissioner, or upon any rule, order, requirement, or agreement issued or made
under the statute or rule.

The commissioner may adopt rules, not inconsistent with this section to govern
intervention. The Workers' Compensation Court of Appeals shall adopt rules to govern the
procedure for intervention in matters before it. new text begin The office may adopt rules to govern the
procedure for intervention in matters before it.
new text end

If the Department of Human Services or the Department of Employment and Economic
Development seeks to intervene in any matter before the division, a compensation judge or
the Workers' Compensation Court of Appeals, a nonattorney employee of the department,
acting at the direction of the staff of the attorney general, may prepare, sign, serve and file
motions for intervention and related documents, attend prehearing conferences, and
participate in matters before a compensation judge or the Workers' Compensation Court of
Appeals. Any other interested party may intervene using a nonattorney and may participate
in any proceeding to the same extent an attorney could. This activity shall not be considered
to be the unauthorized practice of law. An intervenor represented by a nonattorney shall be
deemed to be represented by an attorney for the purposes of the conclusive presumption of
section 176.521, subdivision 2.

Subdivisions 3 to 6 do not apply to the following proceedings conducted by the
Department of Labor and Industry or the office: mediation proceedings; discontinuance
conferences under section 176.239; or administrative conferences under section 176.106.

Sec. 48.

Minnesota Statutes 2022, section 176.361, subdivision 4, is amended to read:

Subd. 4.

Attendance by intervenor.

A person who has submitted a timely written motion
to intervene, as required by subdivision 2, is not required to attend settlement or pretrial
conferences or the hearing, unless attendance is ordered by the compensation judge assigned
to the case, pursuant to a motion to require the intervenor's attendance filed by a party or
as a matter of the judge's discretion. A motion to require attendance must be served and
filed at least 20 days before a scheduled deleted text begin hearing deleted text end new text begin proceeding new text end , and the compensation judge
must serve and file an order granting or denying the motion at least ten days before a
scheduled deleted text begin hearing deleted text end new text begin proceeding new text end . If attendance is ordered, failure of the intervenor to attend
a proceeding either in person or, if approved by the compensation judge, by telephone or
some other electronic medium, shall result in the denial of the claim for reimbursement
except upon a showing of good cause. If attendance has not been ordered, this subdivision
does not prohibit an intervenor from attending a conference or hearing in person, or from
requesting permission from the compensation judge to attend a conference or hearing by
telephone or other electronic medium.

Sec. 49.

Minnesota Statutes 2022, section 176.421, subdivision 7, is amended to read:

Subd. 7.

Record of proceedings.

At the deleted text begin division's deleted text end new text begin office's new text end own expense, the deleted text begin commissioner deleted text end
new text begin office new text end shall make a complete record of all new text begin formal new text end proceedings before the deleted text begin commissioner and
shall provide a stenographer or an audio magnetic recording device to make the record of
the proceedings deleted text end new text begin office new text end .

The deleted text begin commissioner deleted text end new text begin office new text end shall furnish a transcript of these proceedings to any person
who requests it and who pays a reasonable charge which shall be set by the deleted text begin commissioner deleted text end new text begin
office new text end . Upon a showing of cause, the deleted text begin commissioner deleted text end new text begin chief administrative law judge new text end may
direct that a transcript be prepared without expense to the person requesting the transcript,
in which case the cost of the transcript shall be paid by the deleted text begin division deleted text end new text begin office new text end . Transcript fees
received under this subdivision shall be paid to the Workers' Compensation Division account
in the state treasury and shall be annually appropriated to the division for the sole purpose
of providing a record and transcripts as provided in this subdivision. This subdivision does
not apply to any administrative conference or other proceeding before the commissioner
which may be heard de novo in another proceeding including but not limited to proceedings
under section 176.106 or 176.239.

Sec. 50. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this act is effective August 1, 2024.
new text end