2005 Minnesota Statutes

     256J.68 Injury protection for work experience 
  participants. 

    Subdivision 1.    Applicability.  (a) This section must 
 be used to determine payment of any claims resulting from an 
 alleged injury or death of a person participating in a county or 
 a tribal community work experience program that is approved by 
 the commissioner and is operated by: 

    (i) the county agency; 

    (ii) the tribe; 

    (iii) a department of the state; or 

    (iv) a community-based organization under contract, prior 
 to April 1, 1997, with a county agency to provide a community 
 work experience program or a food stamp community work 
 experience program, provided the organization has not 
 experienced any individual injury loss or claim greater than 
 $1,000. 

    (b) This determination method is available to the 
 community-based organization under paragraph (a), clause (iv), 
 only for claims incurred by participants in the community work 
 experience program or the food stamp community work experience 
 program. 

    (c) This determination method applies to work experience 
 programs authorized by the commissioner for persons applying for 
 or receiving cash assistance and food stamps, and to the 
 Minnesota parent's fair share program and the community service 
 program under section 518.551, subdivision 5a, in a county with 
 an approved community investment program for obligors. 

    Subd. 2.    Investigation of the claim.  Claims that are 
 subject to this section must be investigated by the county 
 agency or the tribal program responsible for supervising the 
 work to determine whether the claimed injury occurred, whether 
 the claimed medical expenses are reasonable, and whether the 
 loss is covered by the claimant's insurance.  If insurance 
 coverage is established, the county agency or tribal program 
 shall submit the claim to the appropriate insurance entity for 
 payment.  The investigating county agency or tribal program 
 shall submit all valid claims, in the amount net of any 
 insurance payments, to the Department of Human Services. 

    Subd. 3.    Submission of claim.  The commissioner shall 
 submit all claims for permanent partial disability compensation 
 to the commissioner of labor and industry.  The commissioner of 
 labor and industry shall review all submitted claims and 
 recommend to the Department of Human Services an amount of 
 compensation comparable to that which would be provided under 
 the permanent partial disability compensation schedule of 
 section 176.101, subdivision 2a. 

    Subd. 4.    Claims less than $1,000.  The commissioner 
 shall approve a claim of $1,000 or less for payment if 
 appropriated funds are available, if the county agency or tribal 
 program responsible for supervising the work has made the 
 determinations required by this section, and if the work program 
 was operated in compliance with the safety provisions of this 
 section.  The commissioner shall pay the portion of an approved 
 claim of $1,000 or less that is not covered by the claimant's 
 insurance within three months of the date of submission.  On or 
 before February 1 of each year, the commissioner shall submit to 
 the appropriate committees of the senate and the house of 
 representatives a list of claims of $1,000 or less paid during 
 the preceding calendar year and shall be reimbursed by 
 legislative appropriation for any claims that exceed the 
 original appropriation provided to the commissioner to operate 
 this program.  Any unspent money from this appropriation shall 
 carry over to the second year of the biennium, and any unspent 
 money remaining at the end of the second year shall be returned 
 to the state general fund. 

    Subd. 5.    Claims more than $1,000.  On or before 
 February 1 of each year, the commissioner shall submit to the 
 appropriate committees of the senate and the house of 
 representatives a list of claims in excess of $1,000 and a list 
 of claims of $1,000 or less that were submitted to but not paid 
 by the commissioner, together with any recommendations of 
 appropriate compensation.  These claims shall be heard and 
 determined by the appropriate committees of the senate and house 
 of representatives and, if approved, must be paid under the 
 legislative claims procedure. 

    Subd. 6.    Compensation for certain costs.  
 Compensation paid under this section is limited to reimbursement 
 for reasonable medical expenses and permanent partial disability 
 compensation for disability in like amounts as allowed in 
 section 176.101, subdivision 2a.  Compensation for injuries 
 resulting in death shall include reasonable medical expenses and 
 burial expenses in addition to payment to the participant's 
 estate in an amount up to $200,000.  No compensation shall be 
 paid under this section for pain and suffering, lost wages, or 
 other benefits provided in chapter 176.  Payments made under 
 this section shall be reduced by any proceeds received by the 
 claimant from any insurance policy covering the loss.  For the 
 purposes of this section, "insurance policy" does not include 
 the medical assistance program authorized under chapter 256B or 
 the general assistance medical care program authorized under 
 chapter 256D. 

    Subd. 7.    Exclusive procedure.  The procedure 
 established by this section is exclusive of all other legal, 
 equitable, and statutory remedies against the state, its 
 political subdivisions, or employees of the state or its 
 political subdivisions.  The claimant shall not be entitled to 
 seek damages from any state, county, tribal, or reservation 
 insurance policy or self-insurance program. 

    Subd. 8.    Invalid claims.  A claim is not valid for 
 purposes of this section if the county agency responsible for 
 supervising the work cannot verify to the commissioner: 

    (1) that appropriate safety training and information is 
 provided to all persons being supervised by the agency under 
 this section; and 

    (2) that all programs involving work by those persons 
 comply with federal Occupational Safety and Health 
 Administration and state Department of Labor and Industry safety 
 standards.  A claim that is not valid because of failure to 
 verify safety training or compliance with safety standards will 
 not be paid by the Department of Human Services or through the 
 legislative claims process and must be heard, decided, and paid, 
 if appropriate, by the local government unit or tribal program 
 responsible for supervising the work of the claimant. 

    HIST: 1997 c 85 art 1 s 55