SF 1942

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to workers' compensation; modifying the 
  1.3             definition of the term employee; amending Minnesota 
  1.4             Statutes 1994, section 176.011, subdivision 9. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 176.011, 
  1.7   subdivision 9, is amended to read: 
  1.8      Subd. 9.  [EMPLOYEE.] "Employee" means any person who 
  1.9   performs services for another for hire including the following: 
  1.10     (1) an alien; 
  1.11     (2) a minor; 
  1.12     (3) a sheriff, deputy sheriff, constable, marshal, police 
  1.13  officer, firefighter, county highway engineer, and peace officer 
  1.14  while engaged in the enforcement of peace or in the pursuit or 
  1.15  capture of a person charged with or suspected of crime; 
  1.16     (4) a person requested or commanded to aid an officer in 
  1.17  arresting or retaking a person who has escaped from lawful 
  1.18  custody, or in executing legal process, in which cases, for 
  1.19  purposes of calculating compensation under this chapter, the 
  1.20  daily wage of the person shall be the prevailing wage for 
  1.21  similar services performed by paid employees; 
  1.22     (5) a county assessor; 
  1.23     (6) an elected or appointed official of the state, or of a 
  1.24  county, city, town, school district, or governmental subdivision 
  1.25  in the state.  An officer of a political subdivision elected or 
  2.1   appointed for a regular term of office, or to complete the 
  2.2   unexpired portion of a regular term, shall be included only 
  2.3   after the governing body of the political subdivision has 
  2.4   adopted an ordinance or resolution to that effect; 
  2.5      (7) an executive officer of a corporation, except those 
  2.6   executive officers excluded by section 176.041; 
  2.7      (8) a voluntary uncompensated worker, other than an inmate, 
  2.8   rendering services in:  (a) state institutions under the 
  2.9   commissioners of human services and corrections similar to those 
  2.10  of officers and employees of the institutions, and whose 
  2.11  services have been accepted or contracted for by the 
  2.12  commissioner of human services or corrections as authorized by 
  2.13  law; or (b) the community services division of the department of 
  2.14  corrections, and whose services are accepted or contracted for 
  2.15  by the commissioner of corrections as authorized by law. 
  2.16     In the event of injury or death of the worker, the daily 
  2.17  wage of the worker, for the purpose of calculating compensation 
  2.18  under this chapter, shall be the usual wage paid at the time of 
  2.19  the injury or death for similar services in institutions or the 
  2.20  community services division under the department of corrections 
  2.21  where the services are performed by paid employees; 
  2.22     (9) a voluntary uncompensated worker engaged in peace time 
  2.23  in the civil defense program when ordered to training or other 
  2.24  duty by the state or any political subdivision of it.  The daily 
  2.25  wage of the worker, for the purpose of calculating compensation 
  2.26  under this chapter, shall be the usual wage paid at the time of 
  2.27  the injury or death for similar services performed by paid 
  2.28  employees; 
  2.29     (10) a voluntary uncompensated worker participating in a 
  2.30  program established by a local social services agency.  In the 
  2.31  event of injury or death of the worker, the wage of the worker, 
  2.32  for the purpose of calculating compensation under this chapter, 
  2.33  shall be the usual wage paid in the county at the time of the 
  2.34  injury or death for similar services performed by paid employees 
  2.35  working a normal day and week; 
  2.36     (11) a voluntary uncompensated worker accepted by the 
  3.1   commissioner of natural resources who is rendering services as a 
  3.2   volunteer pursuant to section 84.089.  The daily wage of the 
  3.3   worker for the purpose of calculating compensation under this 
  3.4   chapter, shall be the usual wage paid at the time of injury or 
  3.5   death for similar services performed by paid employees; 
  3.6      (12) a voluntary uncompensated worker in the building and 
  3.7   construction industry who renders services for joint 
  3.8   labor-management nonprofit community service projects.  The 
  3.9   daily wage of the worker for the purpose of calculating 
  3.10  compensation under this chapter shall be the usual wage paid at 
  3.11  the time of injury or death for similar services performed by 
  3.12  paid employees; 
  3.13     (13) a member of the military forces, as defined in section 
  3.14  190.05, while in state active service, as defined in section 
  3.15  190.05, subdivision 5a.  The daily wage of the member for the 
  3.16  purpose of calculating compensation under this chapter shall be 
  3.17  based on the member's usual earnings in civil life.  If there is 
  3.18  no evidence of previous occupation or earning, the trier of fact 
  3.19  shall consider the member's earnings as a member of the military 
  3.20  forces; 
  3.21     (14) a voluntary uncompensated worker, accepted by the 
  3.22  director of the Minnesota historical society, rendering services 
  3.23  as a volunteer, pursuant to chapter 138.  The daily wage of the 
  3.24  worker, for the purposes of calculating compensation under this 
  3.25  chapter, shall be the usual wage paid at the time of injury or 
  3.26  death for similar services performed by paid employees; 
  3.27     (15) a voluntary uncompensated worker, other than a 
  3.28  student, who renders services at the Minnesota state academy for 
  3.29  the deaf or the Minnesota state academy for the blind, and whose 
  3.30  services have been accepted or contracted for by the state board 
  3.31  of education, as authorized by law.  In the event of injury or 
  3.32  death of the worker, the daily wage of the worker, for the 
  3.33  purpose of calculating compensation under this chapter, shall be 
  3.34  the usual wage paid at the time of the injury or death for 
  3.35  similar services performed in institutions by paid employees; 
  3.36     (16) a voluntary uncompensated worker, other than a 
  4.1   resident of the veterans home, who renders services at a 
  4.2   Minnesota veterans home, and whose services have been accepted 
  4.3   or contracted for by the commissioner of veterans affairs, as 
  4.4   authorized by law.  In the event of injury or death of the 
  4.5   worker, the daily wage of the worker, for the purpose of 
  4.6   calculating compensation under this chapter, shall be the usual 
  4.7   wage paid at the time of the injury or death for similar 
  4.8   services performed in institutions by paid employees; 
  4.9      (17) a worker who renders in-home attendant care services 
  4.10  to a physically handicapped person, and who is paid directly by 
  4.11  the commissioner of human services for these services, shall be 
  4.12  an employee of the state within the meaning of this subdivision, 
  4.13  but for no other purpose; 
  4.14     (18) students enrolled in and regularly attending the 
  4.15  medical school of the University of Minnesota in the graduate 
  4.16  school program or the postgraduate program.  The students shall 
  4.17  not be considered employees for any other purpose.  In the event 
  4.18  of the student's injury or death, the weekly wage of the student 
  4.19  for the purpose of calculating compensation under this chapter, 
  4.20  shall be the annualized educational stipend awarded to the 
  4.21  student, divided by 52 weeks.  The institution in which the 
  4.22  student is enrolled shall be considered the "employer" for the 
  4.23  limited purpose of determining responsibility for paying 
  4.24  benefits under this chapter; 
  4.25     (19) a faculty member of the University of Minnesota 
  4.26  employed for an academic year is also an employee for the period 
  4.27  between that academic year and the succeeding academic year if: 
  4.28     (a) the member has a contract or reasonable assurance of a 
  4.29  contract from the University of Minnesota for the succeeding 
  4.30  academic year; and 
  4.31     (b) the personal injury for which compensation is sought 
  4.32  arises out of and in the course of activities related to the 
  4.33  faculty member's employment by the University of Minnesota; 
  4.34     (20) a worker who performs volunteer ambulance driver or 
  4.35  attendant services is an employee of the political subdivision, 
  4.36  nonprofit hospital, nonprofit corporation, or other entity for 
  5.1   which the worker performs the services.  The daily wage of the 
  5.2   worker for the purpose of calculating compensation under this 
  5.3   chapter shall be the usual wage paid at the time of injury or 
  5.4   death for similar services performed by paid employees; 
  5.5      (21) a voluntary uncompensated worker, accepted by the 
  5.6   commissioner of administration, rendering services as a 
  5.7   volunteer at the department of administration.  In the event of 
  5.8   injury or death of the worker, the daily wage of the worker, for 
  5.9   the purpose of calculating compensation under this chapter, 
  5.10  shall be the usual wage paid at the time of the injury or death 
  5.11  for similar services performed in institutions by paid 
  5.12  employees; 
  5.13     (22) a voluntary uncompensated worker rendering service 
  5.14  directly to the pollution control agency.  The daily wage of the 
  5.15  worker for the purpose of calculating compensation payable under 
  5.16  this chapter is the usual going wage paid at the time of injury 
  5.17  or death for similar services if the services are performed by 
  5.18  paid employees; 
  5.19     (23) a voluntary uncompensated worker while volunteering 
  5.20  services as a first responder or as a member of a law 
  5.21  enforcement assistance organization while acting under the 
  5.22  supervision and authority of a political subdivision.  The daily 
  5.23  wage of the worker for the purpose of calculating compensation 
  5.24  payable under this chapter is the usual going wage paid at the 
  5.25  time of injury or death for similar services if the services are 
  5.26  performed by paid employees; and 
  5.27     (24) a voluntary uncompensated member of the civil air 
  5.28  patrol rendering service on the request and under the authority 
  5.29  of the state or any of its political subdivisions.  The daily 
  5.30  wage of the member for the purposes of calculating compensation 
  5.31  payable under this chapter is the usual going wage paid at the 
  5.32  time of injury or death for similar services if the services are 
  5.33  performed by paid employees. 
  5.34     If it is difficult to determine the daily wage as provided 
  5.35  in this subdivision, the trier of fact may determine the wage 
  5.36  upon which the compensation is payable. 
  6.1      Sec. 2.  [EFFECTIVE DATE.] 
  6.2      Section 1 is effective July 1, 1996.