2006 Minnesota Statutes

176.305 PETITIONS FILED WITH WORKERS' COMPENSATION DIVISION.
    Subdivision 1. Hearings on petitions. The petitioner shall serve a copy of the petition on
each adverse party personally or by first class mail. A clear copy suitable for imaging shall be
filed with the commissioner together with an appropriate affidavit of service. When any petition
has been filed with the Workers' Compensation Division, the commissioner shall, within ten days,
refer the matter presented by the petition for a settlement conference under this section, for an
administrative conference under section 176.106, or for hearing to the office.
    Subd. 1a. Settlement and pretrial conferences; summary decision. The commissioner
shall schedule a settlement conference, if appropriate, within 60 days after receiving the petition.
All parties must appear at the conference, either personally or by representative, must be prepared
to discuss settlement of all issues, and must be prepared to discuss or present the information
required by the joint rules of the division and the office. If a representative appears on behalf of a
party, the representative must have authority to fully settle the matter.
If settlement is not reached, the presiding officer may require the parties to present copies of
all documentary evidence not previously filed and a summary of the evidence they will present at
a formal hearing. If appropriate, a written summary decision shall be issued within ten days after
the conference stating the issues and a determination of each issue. If a party fails to appear at
the conference, all issues may be determined contrary to the absent party's interest, provided the
party in attendance presents a prima facie case.
The summary decision is final unless a written request for a formal hearing is served on all
parties and filed with the commissioner within 30 days after the date of service and filing of the
summary decision. Within ten days after receipt of the request, the commissioner shall certify the
matter to the office for a de novo hearing. In proceedings under section 176.2615, the summary
decision is final and not subject to appeal or de novo proceedings.
    Subd. 2. Copy of petition. The commissioner shall deliver the petition and answer,
after certification for a hearing, to the Office of Administrative Hearings for assignment to a
compensation judge.
    Subd. 3. Testimony. Where the chief administrative law judge has substituted a compensation
judge originally assigned to hear a matter, the testimony taken before the substitute compensation
judge shall be considered as though taken before the judge before whom it was originally assigned.
    Subd. 4. Striking from calendar. A compensation judge or the commissioner, after
receiving a properly served motion, may strike a case from the active trial calendar after the
employee has been given 30 days to correct the deficiency if it is shown that the information
on the petition or included with the petition is incomplete. Once a case is stricken, it may not
be reinstated until the missing information is provided to the adverse parties and filed with the
commissioner or compensation judge. If a case has been stricken from the calendar for one year
or more and no corrective action has been taken, the commissioner or a compensation judge may,
upon the commissioner's or judge's own motion or a motion of a party which is properly served on
all parties, dismiss the case. The petitioner must be given at least 30 days' advance notice of the
proposed dismissal before the dismissal is effective.
History: 1953 c 755 s 47; 1969 c 9 s 45; 1969 c 276 s 2; 1973 c 388 s 93-95; 1975 c 271 s 6;
1975 c 359 s 23; 1976 c 134 s 78; 1981 c 346 s 106; 1984 c 640 s 32; 1987 c 332 s 71-74; 1995
c 231 art 2 s 98; 1998 c 294 s 4,5