Minnesota Administrative Rules

1420.2350 TEMPORARY ORDERS.

Subpart 1.

Petition.

The person or entity seeking to pay or receive payment under a temporary order must file a petition. The petition for temporary order must contain:

A.

an explanation of the nature of the dispute and an assertion that the claimed benefits are payable under the act by at least one of the employers or insurers;

B.

the names and addresses of all employers and insurers who are parties to the claim or who may be liable for the benefits claimed;

C.

the date of each alleged injury and the name of the employer and insurer on each date;

D.

the beginning date of the employee's present disability, the compensation rate for each injury, the proposed compensation rate to be paid, and an itemization of all benefits to be paid under the order;

E.

copies of medical reports supporting the claimed period of disability and other claimed benefits;

F.

a statement identifying any intervenors or potential intervenors with proof the intervenor was served with notice under part 1415.1100; and

G.

a statement indicating whether the employee is represented by counsel, the name and address of the attorney, and whether attorney fees should be withheld or paid from payments made under the order.

Subp. 2.

Necessary parties.

For the purpose of this part, the following are necessary parties:

A.

the employee, dependent, or heir of a deceased employee;

B.

insurers or self-insurers named in the petition for temporary order;

C.

an employer who is uninsured or whose insurer for the date of the alleged injury in that employment is unknown;

D.

the special compensation fund if the employer, after reasonable inquiry, appears to be uninsured; and

E.

intervenors.

Subp. 3.

Proposed order.

The petition for temporary order must be accompanied by an order ready for a judge's signature.

Subp. 4.

Objections.

A responding party has ten days after service of the petition in which to serve and file an objection. The objection must clearly state the basis of the objection and include supporting documentation.

Statutory Authority:

MS s 14.51; 176.081; 176.155; 176.285; 176.312; 176.361; 176.83

History:

29 SR 1446

Published Electronically:

June 20, 2005