as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 08/14/1998 |
1.1 A bill for an act 1.2 relating to workers' compensation; modifying 1.3 provisions relating to procedures and benefits; 1.4 providing penalties; amending Minnesota Statutes 1994, 1.5 sections 79.211, subdivision 1; 175.16; 176.011, 1.6 subdivision 25; 176.021, subdivisions 1, 3 and 3a; 1.7 176.061, subdivision 10; 176.081, subdivisions 1, 7a, 1.8 and 9; 176.101, subdivisions 1, 2, 4, 5, 6, 8, and by 1.9 adding subdivisions; 176.102, subdivision 11; 176.105, 1.10 subdivision 4; 176.106; 176.111, subdivisions 6, 7, 8, 1.11 12, 14, 15, and 20; 176.135, subdivision 1; 176.178; 1.12 176.179; 176.191, subdivisions 5, 7, 8, and by adding 1.13 a subdivision; 176.221, subdivision 6a; 176.238, 1.14 subdivisions 3, 4, 5, and 6; 176.239, subdivisions 1, 1.15 2, 3, 4, 5, 7, 8, 9, and 10; 176.291; 176.305, 1.16 subdivisions 1, 1a, 2, and 4; 176.321, subdivisions 2 1.17 and 3; 176.322; 176.645, subdivision 1; 176.66, 1.18 subdivision 11; 176.82; and 268.08, subdivision 3; 1.19 proposing coding for new law in Minnesota Statutes, 1.20 chapters 175; and 176; repealing Minnesota Statutes 1.21 1994, sections 175.007; 176.011, subdivision 26; 1.22 176.081, subdivisions 2, 5, 7, and 8; 176.101, 1.23 subdivisions 3a, 3b, 3c, 3d, 3e, 3f, 3g, 3h, 3i, 3j, 1.24 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 3u; 1.25 176.132; 176.133; and 176.191, subdivision 6. 1.26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.27 ARTICLE 1 1.28 Section 1. Minnesota Statutes 1994, section 176.011, 1.29 subdivision 25, is amended to read: 1.30 Subd. 25. [MAXIMUM MEDICAL IMPROVEMENT.] "Maximum medical 1.31 improvement" means the date after which no further significant 1.32 recovery from or significant lasting improvement to a personal 1.33 injury can reasonably be anticipated, based upon reasonable 1.34 medical probability, irrespective and regardless of subjective 1.35 complaints of pain. Once the date of maximum medical 2.1 improvement has been determined, no further determinations of 2.2 other dates of maximum medical improvement for that personal 2.3 injury is permitted. The determination that an employee has 2.4 reached maximum medical improvement shall not be rendered 2.5 ineffective by the worsening of the employee's medical condition 2.6 and recovery therefrom. 2.7 Sec. 2. Minnesota Statutes 1994, section 176.021, 2.8 subdivision 1, is amended to read: 2.9 Subdivision 1. [LIABILITY FOR COMPENSATION.] Except as 2.10 excluded by this chapter all employers and employees are subject 2.11 to the provisions of this chapter. 2.12 Every employer is liable for compensation according to the 2.13 provisions of this chapter and is liable to pay compensation in 2.14 every case of personal injury or death of an employee arising 2.15 out of and in the course of employment without regard to the 2.16 question of negligence. The burden of proof of these facts is 2.17 upon the employee. 2.18 If the injury was intentionally self-inflicted or the 2.19 intoxication of the employee is the proximate cause of the 2.20 injury, then the employer is not liable for compensation. The 2.21 burden of proof of these facts is upon the employer. 2.22 Sec. 3. Minnesota Statutes 1994, section 176.101, 2.23 subdivision 4, is amended to read: 2.24 Subd. 4. [PERMANENT TOTAL DISABILITY.] For permanent total 2.25 disability, as defined in subdivision 5, the compensation shall 2.26 be 66-2/3 percent of the daily wage at the time of the injury, 2.27 subject to a maximum weekly compensation equal to the maximum 2.28 weekly compensation for a temporary total disability and a 2.29 minimum weekly compensation equal tothe minimum weekly2.30compensation for a temporary total disability65 percent of the 2.31 statewide average weekly wage. This compensation shall be paid 2.32 during the permanent total disability of the injured employee 2.33 but after a total of $25,000 of weekly compensation has been 2.34 paid, the amount of the weekly compensation benefits being paid 2.35 by the employer shall be reduced by the amount of any disability 2.36 benefits being paid by any government disability benefit program 3.1 if the disability benefits are occasioned by the same injury or 3.2 injuries which give rise to payments under this subdivision. 3.3 This reduction shall also apply to any old age and survivor 3.4 insurance benefits. Payments shall be made at the intervals 3.5 when the wage was payable, as nearly as may be. In case an 3.6 employee who is permanently and totally disabled becomes an 3.7 inmate of a public institution, no compensation shall be payable 3.8 during the period of confinement in the institution, unless 3.9 there is wholly dependent on the employee for support some 3.10 person named in section 176.111, subdivision 1, 2 or 3, in which 3.11 case the compensation provided for in section 176.111, during 3.12 the period of confinement, shall be paid for the benefit of the 3.13 dependent person during dependency. The dependency of this 3.14 person shall be determined as though the employee were deceased. 3.15 Sec. 4. Minnesota Statutes 1994, section 176.101, 3.16 subdivision 5, is amended to read: 3.17 Subd. 5. [DEFINITION.](a)For purposes of subdivision 4, 3.18 permanent total disability means only: 3.19 (1) the total and permanent loss of the sight of both eyes, 3.20 the loss of both arms at the shoulder, the loss of both legs so 3.21 close to the hips that no effective artificial members can be 3.22 used, complete and permanent paralysis, total and permanent loss 3.23 of mental faculties; or 3.24 (2) any other injury that results in a disability rating 3.25 under this chapter of at least 20 percent of the whole body 3.26 which totally and permanently incapacitates the employee from 3.27 working at an occupation which brings the employee an 3.28 income. Local labor market conditions may not be considered in 3.29 making the total and permanent incapacitation determination. 3.30(b) For purposes of paragraph (a), clause (2), "totally and3.31permanently incapacitated" means that the employee's physical3.32disability, in combination with the employee's age, education,3.33training, and experience, causes the employee to be unable to3.34secure anything more than sporadic employment resulting in an3.35insubstantial income.3.36 Sec. 5. Minnesota Statutes 1994, section 176.101, 4.1 subdivision 8, is amended to read: 4.2 Subd. 8. [RETIREMENTCESSATION OF BENEFITS.] Temporary 4.3 total disability payments shall cease at retirement. 4.4 "Retirement" means that a preponderance of the evidence supports 4.5 a conclusion that an employee has retired. The subjective 4.6 statement of an employee that the employee is not retired is not 4.7 sufficient in itself to rebut objective evidence of retirement 4.8 but may be considered along with other evidence. 4.9 For injuries occurring after January 1, 1984, an employee 4.10 who receives social security old age and survivors insurance 4.11 retirement benefits is presumed retired from the labor market. 4.12 This presumption is rebuttable by a preponderance of the 4.13 evidence. Permanent total disability benefits shall cease at 4.14 age 67 provided that the employee is eligible to receive 4.15 disability benefits being paid by a government disability 4.16 benefit program if the disability benefits are occasioned by the 4.17 same injury or injuries which gave rise to payments under this 4.18 chapter, or if the employee is eligible to receive any old age 4.19 and survivor insurance benefits. If the employee is not 4.20 eligible, then permanent total disability benefits may continue 4.21 after age 67. 4.22 Sec. 6. Minnesota Statutes 1994, section 176.101, is 4.23 amended by adding a subdivision to read: 4.24 Subd. 9. [VIOLATIONS OF SAFETY PROVISION, PENALTY.] If 4.25 injury is caused by the failure of the employer to comply with 4.26 any statute or any lawful order of the department, compensation 4.27 and death benefits provided in this chapter shall be increased 4.28 15 percent but the total increase may not exceed $15,000. 4.29 Failure of an employer to reasonably enforce compliance by 4.30 employees with that statute or order of the department 4.31 constitutes failure by the employer to comply with that statute 4.32 or order. 4.33 Sec. 7. Minnesota Statutes 1994, section 176.101, is 4.34 amended by adding a subdivision to read: 4.35 Subd. 10. [DECREASED COMPENSATION.] If injury is caused by 4.36 the failure of the employee to use safety devices which are 5.1 provided in accordance with any statute or lawful order of the 5.2 department and are adequately maintained, and the use of which 5.3 is reasonably enforced by the employer, or if injury results 5.4 from the employee's failure to obey any reasonable rule adopted 5.5 and reasonably enforced by the employer for the safety of the 5.6 employee and of which the employee has notice, or if injury 5.7 results from the intoxication of the employee by alcohol 5.8 beverages or use of a controlled substance, the compensation and 5.9 death benefit provided in this chapter shall be reduced 15 5.10 percent but the total reduction may not exceed $15,000. 5.11 Sec. 8. Minnesota Statutes 1994, section 176.645, 5.12 subdivision 1, is amended to read: 5.13 Subdivision 1. [AMOUNT.] For injuries occurring after 5.14 October 1, 1975 for which benefits are payable under section 5.15 176.101, subdivisions 1, 2 and 4, and section 176.111, 5.16 subdivision 5, the total benefits due the employee or any 5.17 dependents shall be adjusted in accordance with this section. 5.18 On October 1, 1981, and thereafter on the anniversary of the 5.19 date of the employee's injury the total benefits due shall be 5.20 adjusted by multiplying the total benefits due prior to each 5.21 adjustment by a fraction, the denominator of which is the 5.22 statewide average weekly wage for December 31, of the year two 5.23 years previous to the adjustment and the numerator of which is 5.24 the statewide average weekly wage for December 31, of the year 5.25 previous to the adjustment. For injuries occurring after 5.26 October 1, 1975, all adjustments provided for in this section 5.27 shall be included in computing any benefit due under this 5.28 section. Any limitations of amounts due for daily or weekly 5.29 compensation under this chapter shall not apply to adjustments 5.30 made under this section. No adjustment increase made on or 5.31 after October 1, 1977, but prior to October 1, 1992, under this 5.32 section shall exceed six percent a year; in those instances 5.33 where the adjustment under the formula of this section would 5.34 exceed this maximum, the increase shall be deemed to be six 5.35 percent. No adjustment increase made on or after October 1, 5.36 1992, under this section shall exceed four percent a year; in 6.1 those instances where the adjustment under the formula of this 6.2 section would exceed this maximum, the increase shall be deemed 6.3 to be four percent. No adjustment increase shall be made under 6.4 this section on or after October 1, 1994, for any injuries 6.5 occurring after October 1, 1975. The workers' compensation 6.6 advisory council may consider adjustment increases and make 6.7 recommendations to the legislature. 6.8 Sec. 9. Minnesota Statutes 1994, section 176.66, 6.9 subdivision 11, is amended to read: 6.10 Subd. 11. [AMOUNT OF COMPENSATION.] The compensation for 6.11 an occupational disease is 66-2/3 percent of the employee's 6.12 weekly wage on the date of injury subject to a maximum 6.13 compensation equal to the maximum compensation in effect on the 6.14 date of last exposure.The employee shall be eligible for6.15supplementary benefits notwithstanding the provisions of section6.16176.132, after four years have elapsed since the date of last6.17significant exposure to the hazard of the occupational disease6.18if that employee's weekly compensation rate is less than the6.19current supplementary benefit rate.6.20 Sec. 10. [REPEALER.] 6.21 Minnesota Statutes 1994, section 176.132, is repealed. 6.22 Sec. 11. [EFFECTIVE DATE.] 6.23 Sections 1, 2, and 4 to 8 are effective October 1, 1995. 6.24 Sections 3, 9, and 10 apply to a personal injury, as defined 6.25 under Minnesota Statutes, section 176.011, subdivision 16, 6.26 occurring on or after October 1, 1991. 6.27 ARTICLE 2 6.28 Section 1. Minnesota Statutes 1994, section 175.16, is 6.29 amended to read: 6.30 175.16 [DIVISIONS.] 6.31 Subdivision 1. [ESTABLISHED.] The department of labor and 6.32 industry shall consist of the following divisions: division of 6.33 workers' compensation, division of boiler inspection, division 6.34 of occupational safety and health, division of statistics, 6.35 division of steamfitting standards, division of voluntary 6.36 apprenticeship, division of labor standards, and such other 7.1 divisions as the commissioner of the department of labor and 7.2 industry may deem necessary and establish. Each division of the 7.3 department and persons in charge thereof shall be subject to the 7.4 supervision of the commissioner of the department of labor and 7.5 industry and, in addition to such duties as are or may be 7.6 imposed on them by statute, shall perform such other duties as 7.7 may be assigned to them by said commissioner. 7.8 Subd. 2. [FRAUD INVESTIGATION UNIT.] The department of 7.9 labor and industry shall contain a fraud investigation unit for 7.10 the purposes of investigating fraudulent or other illegal 7.11 practices of health care providers, employers, insurers, 7.12 attorneys, employees, and others related to workers' 7.13 compensation and to investigate other matters under the 7.14 jurisdiction of the department. 7.15 Sec. 2. Minnesota Statutes 1994, section 176.178, is 7.16 amended to read: 7.17 176.178 [FRAUD.] 7.18 Subdivision 1. [INTENT.] Any person who, with intent to 7.19 defraud, receives workers' compensation benefits to which the 7.20 person is not entitled by knowingly misrepresenting, misstating, 7.21 or failing to disclose any material fact is guilty of theft and 7.22 shall be sentenced pursuant to section 609.52, subdivision 3. 7.23 Subd. 2. [FORMS.] The text of subdivision 1 shall be 7.24 placed on all forms prescribed by the commissioner for claims or 7.25 responses to claims for workers' compensation benefits under 7.26 this chapter. The absence of the text does not constitute a 7.27 defense against prosecution under subdivision 1. 7.28 Sec. 3. [176.861] [DISCLOSURE OF INFORMATION.] 7.29 Subdivision 1. [INSURANCE INFORMATION.] The commissioner 7.30 may, in writing, require an insurance company to release to the 7.31 commissioner any or all relevant information or evidence the 7.32 commissioner deems important which the company may have in its 7.33 possession relating to a workers' compensation claim including 7.34 material relating to the investigation of the claim; statements 7.35 of any person, and any other evidence relevant to the 7.36 investigation. 8.1 Subd. 2. [INFORMATION RELEASED TO AUTHORIZED PERSONS.] If 8.2 an insurance company has reason to believe that a claim may be 8.3 suspicious, fraudulent, or illegal, the company shall, in 8.4 writing, notify the commissioner and provide the commissioner 8.5 with all relevant material related to the company's inquiry into 8.6 the claim. 8.7 Subd. 3. [GOOD FAITH IMMUNITY.] An insurance company or 8.8 its agent acting in its behalf and in good faith who releases 8.9 oral or written information under subdivisions 1 and 2 is immune 8.10 from civil or criminal liability that might otherwise be 8.11 incurred or imposed. 8.12 Subd. 4. [SELF-INSURER; ASSIGNED RISK PLAN.] For the 8.13 purposes of this section "insurance company" includes a 8.14 self-insurer and the assigned risk plan and their agents. 8.15 ARTICLE 3 8.16 Section 1. [175.0071] [WORKERS' COMPENSATION ADVISORY 8.17 COUNCIL.] 8.18 Subdivision 1. [COUNCIL ON WORKERS' COMPENSATION.] There 8.19 is created in the department of labor and industry a council on 8.20 workers' compensation appointed by the commissioner of labor and 8.21 industry to consist of a designated employee of the department 8.22 of labor and industry as chair, five representatives of 8.23 employers, and five representatives of employees. No person 8.24 registered as a lobbyist pursuant to chapter 10A shall be 8.25 appointed to or serve on the council. The commissioner shall 8.26 also appoint three representatives of insurers authorized to do 8.27 a workers' compensation insurance business in this state as 8.28 nonvoting members of the council. 8.29 Subd. 2. [COUNCIL RECOMMENDATIONS.] The council on 8.30 workers' compensation shall advise the department in carrying 8.31 out the purposes of chapter 176. The council shall submit its 8.32 recommendations with respect to amendments to chapter 176 to 8.33 each session of the legislature and report its views upon any 8.34 pending bill relating to chapter 176 to the proper legislative 8.35 committee. At the request of the chairs of the senate and house 8.36 committees on having jurisdiction over workers' compensation 9.1 matters, the department shall schedule a meeting of the council 9.2 with the members of the committees to review and discuss matters 9.3 of legislative concern arising under chapter 176. 9.4 Sec. 2. Minnesota Statutes 1994, section 176.021, 9.5 subdivision 3, is amended to read: 9.6 Subd. 3. [COMPENSATION, COMMENCEMENT OF PAYMENT.] All 9.7 employers shall commence payment of compensation at the time and 9.8 in the manner prescribed by this chapter without the necessity 9.9 of any agreement or any order of the division. Except for 9.10 medical, burial, and other nonperiodic benefits, payments shall 9.11 be made as nearly as possible at the intervals when the wage was 9.12 payable, provided, however, that payments for permanent partial 9.13 disability shall be governed by section 176.101. If doubt 9.14 exists as to the eventual permanent partial disability, payment 9.15for the economic recovery compensation or impairment9.16compensation, whichever is due, pursuant to section 176.101,9.17 shall be then made when due for the minimum permanent partial 9.18 disability ascertainable, and further payment shall be made upon 9.19 any later ascertainment of greater permanent partial 9.20 disability. Prior to or at the time of commencement of the 9.21 payment ofeconomic recovery compensation or lump sum or9.22periodic payment of impairmentpermanent partial compensation, 9.23 the employee and employer shall be furnished with a copy of the 9.24 medical report upon which the payment is based and all other 9.25 medical reports which the insurer has that indicate a permanent 9.26 partial disability rating, together with a statement by the 9.27 insurer as to whether the tendered payment is for minimum 9.28 permanent partial disability or final and eventual disability. 9.29 After receipt of all reports available to the insurer that 9.30 indicate a permanent partial disability rating, the employee 9.31 shall make available or permit the insurer to obtain any medical 9.32 report that the employee has or has knowledge of that contains a 9.33 permanent partial disability rating which the insurer does not 9.34 already have.Economic recovery compensation or impairment9.35 Permanent partial compensation pursuant to section 176.101 is 9.36 payable in addition to but not concurrently with compensation 10.1 for temporary total disability but is payable pursuant to 10.2 section 176.101.ImpairmentPermanent partial compensation is 10.3 not payable concurrently and in addition to compensation for 10.4 permanent total disability pursuant to section 10.5 176.101.Economic recovery compensation or impairment10.6compensationPermanent partial compensation pursuant to section 10.7 176.101 shall be withheld pending completion of payment for 10.8 temporary total disability, and no credit shall be taken for 10.9 payment ofeconomic recovery compensation or10.10impairmentpermanent partial compensation against liability for 10.11 temporary total or future permanent total disability. Liability 10.12 on the part of an employer or the insurer for disability of a 10.13 temporary total, temporary partial, and permanent total nature 10.14 shall be considered as a continuing product and part of the 10.15 employee's inability to earn or reduction in earning capacity 10.16 due to injury or occupational disease and compensation is 10.17 payable accordingly, subject to section 176.101.Economic10.18recovery compensation or impairmentPermanent partial 10.19 compensation is payable for functional loss of use or impairment 10.20 of function, permanent in nature, and payment therefore shall be 10.21 separate, distinct, and in addition to payment for any other 10.22 compensation, subject to section 176.101. The right to receive 10.23 temporary total, temporary partial, or permanent total 10.24 disability payments vests in the injured employee or the 10.25 employee's dependents under this chapter or, if none, in the 10.26 employee's legal heirs at the time the disability can be 10.27 ascertained and the right is not abrogated by the employee's 10.28 death prior to the making of the payment. 10.29 The right to receiveeconomic recoverypermanent partial 10.30 compensationor impairment compensationvests in an injured 10.31 employee at the time the disability can be ascertained provided 10.32 that the employee lives for at least 30 days beyond the date of 10.33 the injury. Upon the death of an employee who is receiving 10.34economic recoverypermanent partial compensationor impairment10.35compensation, further compensation is payable pursuant to 10.36 section 176.101. Impairment compensation is payable under this 11.1 paragraph if vesting has occurred, the employee dies prior to 11.2 reaching maximum medical improvement, and the requirements and 11.3 conditions under section 176.101, subdivision 3e, are not met. 11.4 Disability ratings for permanent partial disability shall 11.5 be based on objective medical evidence. 11.6 Sec. 3. Minnesota Statutes 1994, section 176.021, 11.7 subdivision 3a, is amended to read: 11.8 Subd. 3a. [PERMANENT PARTIAL BENEFITS, PAYMENT.] Payments 11.9 for permanent partial disability as provided in section 176.101, 11.10 subdivision32a, shall be made in the following manner: 11.11 (a) If the employee returns to work, payment shall be made 11.12by lump sumat the same intervals as temporary total payments 11.13 were made; 11.14 (b) If temporary total payments have ceased, but the 11.15 employee has not returned to work, payment shall be made at the 11.16 same intervals as temporary total payments were made; 11.17 (c) If temporary total disability payments cease because 11.18 the employee isreceiving payments for permanent total11.19disability or because the employee isretiring or has retired 11.20 from the work force, then payment shall be madeby lump sumat 11.21 the same intervals as temporary total payments were made; 11.22 (d) If the employee completes a rehabilitation plan 11.23 pursuant to section 176.102, but the employer does not furnish 11.24 the employee with work the employee can do in a permanently 11.25 partially disabled condition, and the employee is unable to 11.26 procure such work with another employer, then payment shall be 11.27 madeby lump sumat the same intervals as temporary total 11.28 payments were made. 11.29 Sec. 4. Minnesota Statutes 1994, section 176.061, 11.30 subdivision 10, is amended to read: 11.31 Subd. 10. [INDEMNITY.] Notwithstanding the provisions of 11.32 chapter 65B or any other law to the contrary, an employer has a 11.33 right of indemnity for any compensation paid or payable pursuant 11.34 to this chapter, including temporary total compensation, 11.35 temporary partial compensation, permanent partialdisability,11.36economic recovery compensation, impairmentcompensation, medical 12.1 compensation, rehabilitation, death, and permanent total 12.2 compensation. 12.3 Sec. 5. Minnesota Statutes 1994, section 176.101, 12.4 subdivision 1, is amended to read: 12.5 Subdivision 1. [TEMPORARY TOTAL DISABILITY.] (a) For 12.6 injury producing temporary total disability, the compensation is 12.7 66-2/3 percent of the weekly wage at the time of injury. 12.8 (b) On and after October 1, 1994, the maximum weekly 12.9 compensation payable shall be as follows: 12.10 (1) During the year commencing on October 1,19921994,and12.11each year thereafter,the maximum weekly compensation payable is 12.12 105 percent of the statewide average weekly wage for the period 12.13 ending December 31 of the preceding year. 12.14 (2) During the year commencing on October 1, 1995, the 12.15 maximum weekly compensation payable is 106 percent of the 12.16 statewide average weekly wage for the period ending December 31 12.17 of the preceding year. 12.18 (3) During the year commencing on October 1, 1996, the 12.19 maximum weekly compensation payable is 107 percent of the 12.20 statewide average weekly wage for the period ending December 31 12.21 of the preceding year. 12.22 (4) During the year commencing on October 1, 1997, the 12.23 maximum weekly compensation payable is 108 percent of the 12.24 statewide average weekly wage for the period ending December 31 12.25 of the preceding year. 12.26 (5) During the year commencing on October 1, 1998, the 12.27 maximum weekly compensation payable is 109 percent of the 12.28 statewide average weekly wage for the period ending December 31 12.29 of the preceding year. 12.30 (6) During the year commencing on October 1, 1999, and each 12.31 year thereafter, the maximum weekly compensation payable is 110 12.32 percent of the statewide average weekly wage for the period 12.33 ending December 31 of the preceding year. 12.34 (c) The minimum weekly compensation payable is 20 percent 12.35 of the statewide average weekly wage for the period ending 12.36 December 31 of the preceding year or the injured employee's 13.1 actual weekly wage, whichever is less. 13.2 (d)Subject to subdivisions 3a to 3u thisTemporary total 13.3 compensation shall be paid during the period of disability, 13.4 payment to be made at the intervals when the wage was payable, 13.5 as nearly as may be.and shall cease whenever any one of the 13.6 following occurs: 13.7 (1) the employee returns to work; 13.8 (2) the employee withdraws from the labor market; 13.9 (3) the disability ends and the employee fails to 13.10 diligently search for appropriate work; 13.11 (4) the employee refuses an offer of work that is 13.12 consistent with a plan of rehabilitation filed with the 13.13 commissioner which meets the requirements of section 176.102, 13.14 subdivision 4, or, if no plan has been filed, the employee 13.15 refuses an offer of gainful employment, paying at least 80 13.16 percent of the employee's preinjury wage that the employee can 13.17 do in the employee's physical condition; or 13.18 (5) the employee has reached maximum medical improvement, 13.19 except as provided in section 176.102, subdivision 11, paragraph 13.20 (b). 13.21 (e) Maximum medical improvement occurs on the earlier of: 13.22 (1) the date that the employee receives a written medical 13.23 report indicating that the employee has reached maximum medical 13.24 improvement; or 13.25 (2) the date that the employer or insurer serves the report 13.26 on the employee and the employee's attorney, if any. 13.27 (f) Once temporary total disability compensation has ceased 13.28 under paragraph (d), clause (1), (2), or (3), it may only be 13.29 recommenced prior to maximum medical improvement and only as 13.30 follows: 13.31 (1) if temporary total disability compensation ceased under 13.32 paragraph (d), clause (1), it may be recommenced if the employee 13.33 is laid off or terminated within one year of employment for 13.34 reasons other than misconduct or is medically unable to continue 13.35 at the job; 13.36 (2) if temporary total disability compensation ceased under 14.1 paragraph (d), clause (2), but the employee subsequently 14.2 returned to work, it may be recommenced in accordance with 14.3 clause (1); or 14.4 (3) if temporary total disability compensation ceased under 14.5 paragraph (d), clause (3), it may be recommenced if the employee 14.6 begins diligently searching for appropriate work. Temporary 14.7 total disability compensation recommenced under this paragraph 14.8 (f) is subject to cessation under paragraph (d). 14.9 Recommenced temporary total disability compensation may not 14.10 be paid after the employee reaches maximum medical improvement, 14.11 except as provided under section 176.102, subdivision 11, 14.12 paragraph (b). 14.13 (g) Once temporary total disability compensation has ceased 14.14 under paragraph (d), clauses (4) and (5), it may not be 14.15 recommenced at a later date except as provided under section 14.16 176.102, subdivision 11, paragraph (b). 14.17 Sec. 6. Minnesota Statutes 1994, section 176.101, 14.18 subdivision 2, is amended to read: 14.19 Subd. 2. [TEMPORARY PARTIAL DISABILITY.] (a) In all cases 14.20 of temporary partial disability the compensation shall be 66-2/3 14.21 percent of the difference between the weekly wage of the 14.22 employee at the time of injury and the wage the employee is able 14.23 to earn in the employee's partially disabled condition. This 14.24 compensation shall be paid during the period of disability 14.25 except as provided in this section, payment to be made at the 14.26 intervals when the wage was payable, as nearly as may be, and 14.27 subject to the maximum rate for temporary total compensation. 14.28 (b)Except as provided under subdivision 3k,Temporary 14.29 partial compensation may be paid only while the employee is 14.30 employed, earning less than the employee's weekly wage at the 14.31 time of the injury, in the event that the employee is receiving 14.32 permanent partial disability benefits pursuant to section 14.33 176.101, subdivision 6, temporary partial compensation may not 14.34 commence or be paid until all installment payments of permanent 14.35 partial disability have been paid, and the reduced wage the 14.36 employee is able to earn in the employee's partially disabled 15.1 condition is due to the injury. Except as provided in section 15.2 176.102, subdivision 11, paragraph (b), temporary partial 15.3 compensation may not be paid for more than 225 weeks, or after 15.4 450 weeks after the date of injury, whichever occurs first. 15.5 (c) Temporary partial compensation must be reduced to the 15.6 extent that the wage the employee is able to earn in the 15.7 employee's partially disabled condition plus the temporary 15.8 partial disability payment otherwise payable under this 15.9 subdivision exceeds 500 percent of the statewide average weekly 15.10 wage. 15.11 Sec. 7. Minnesota Statutes 1994, section 176.101, is 15.12 amended by adding a subdivision to read: 15.13 Subd. 2a. [PERMANENT PARTIAL DISABILITY.] (a) Compensation 15.14 for permanent partial disability is as provided in this 15.15 subdivision. Permanent partial disability must be rated as a 15.16 percentage of the whole body in accordance with rules adopted by 15.17 the commissioner under section 176.105. The percentage 15.18 determined pursuant to the rules must be multiplied by the 15.19 corresponding amount in the following table: 15.20 Impairment rating Amount 15.21 (percent) 15.22 0-5 $ 65,000 15.23 6-10 67,500 15.24 11-15 70,000 15.25 16-20 72,500 15.26 21-25 75,000 15.27 26-30 80,000 15.28 31-35 90,000 15.29 36-40 100,000 15.30 41-45 110,000 15.31 46-50 120,000 15.32 51-55 140,000 15.33 56-60 160,000 15.34 61-65 200,000 15.35 66-70 250,000 15.36 71-75 300,000 16.1 76-80 350,000 16.2 81-85 400,000 16.3 86-90 450,000 16.4 91-95 500,000 16.5 96-100 600,000 16.6 An employee may not receive compensation for more than a 100 16.7 percent disability of the whole body, even if the employee 16.8 sustains disability to two or more body parts. 16.9 (b) Permanent partial disability is payable upon cessation 16.10 of temporary total disability under subdivision 1. The 16.11 compensation is payable in installments at the same intervals 16.12 and in one-half of the amount as the employee's temporary total 16.13 disability rate on the date of injury. Permanent partial 16.14 disability is not payable while temporary total compensation is 16.15 being paid. Permanent partial disability is not payable to 16.16 permanently totally disabled employees. 16.17 Sec. 8. Minnesota Statutes 1994, section 176.101, 16.18 subdivision 6, is amended to read: 16.19 Subd. 6. [MINORS; APPRENTICES.] (a) If any employee 16.20 entitled to the benefits of this chapter is an apprentice of any 16.21 age and sustains a personal injury arising out of and in the 16.22 course of employment resulting in permanent total or a 16.23 compensable permanent partial disability, for the purpose of 16.24 computing the compensation to which the employee is entitled for 16.25 the injury, the compensation rate for temporary total, temporary 16.26 partial,aor permanent total disabilityor economic recovery16.27compensationshall be the maximum rate for temporary total 16.28 disability under subdivision 1. 16.29 (b) If any employee entitled to the benefits of this 16.30 chapter is a minor and sustains a personal injury arising out of 16.31 and in the course of employment resulting in permanent total 16.32 disability, for the purpose of computing the compensation to 16.33 which the employee is entitled for the injury, the compensation 16.34 rate for a permanent total disability shall be the maximum rate 16.35 for temporary total disability under subdivision 1. 16.36 Sec. 9. Minnesota Statutes 1994, section 176.105, 17.1 subdivision 4, is amended to read: 17.2 Subd. 4. [LEGISLATIVE INTENT; RULES; LOSS OF MORE THAN ONE 17.3 BODY PART.](a) For the purpose of establishing a disability17.4schedule pursuant to clause (b), the legislature declares its17.5intent that the commissioner establish a disability schedule17.6which, assuming the same number and distribution of severity of17.7injuries, the aggregate total of impairment compensation and17.8economic recovery compensation benefits under section 176.101,17.9subdivisions 3a to 3u be approximately equal to the total17.10aggregate amount payable for permanent partial disabilities17.11under section 176.101, subdivision 3, provided, however, that17.12awards for specific injuries under the proposed schedule need17.13not be the same as they were for the same injuries under the17.14schedule pursuant to section 176.101, subdivision 3. The17.15schedule shall be determined by sound actuarial evaluation and17.16shall be based on the benefit level which exists on January 1,17.171983.17.18(b)The commissioner shall by rulemaking adopt procedures 17.19 setting forth rules for the evaluation and rating of functional 17.20 disability and the schedule for permanent partial disability and 17.21 to determine the percentage of loss of function of a part of the 17.22 body based on the body as a whole, including internal organs, 17.23 described in section 176.101, subdivision 3, and any other body 17.24 part not listed in section 176.101, subdivision 3, which the 17.25 commissioner deems appropriate. 17.26 The rules shall promote objectivity and consistency in the 17.27 evaluation of permanent functional impairment due to personal 17.28 injury and in the assignment of a numerical rating to the 17.29 functional impairment. 17.30 Prior to adoption of rules the commissioner shall conduct 17.31 an analysis of the current permanent partial disability schedule 17.32 for the purpose of determining the number and distribution of 17.33 permanent partial disabilities and the average compensation for 17.34 various permanent partial disabilities. The commissioner shall 17.35 consider setting the compensation under the proposed schedule 17.36 for the most serious conditions higher in comparison to the 18.1 current schedule and shall consider decreasing awards for minor 18.2 conditions in comparison to the current schedule. 18.3 The commissioner may consider, among other factors, and 18.4 shall not be limited to the following factors in developing 18.5 rules for the evaluation and rating of functional disability and 18.6 the schedule for permanent partial disability benefits: 18.7 (1) the workability and simplicity of the procedures with 18.8 respect to the evaluation of functional disability; 18.9 (2) the consistency of the procedures with accepted medical 18.10 standards; 18.11 (3) rules, guidelines, and schedules that exist in other 18.12 states that are related to the evaluation of permanent partial 18.13 disability or to a schedule of benefits for functional 18.14 disability provided that the commissioner is not bound by the 18.15 degree of disability in these sources but shall adjust the 18.16 relative degree of disability to conform to the expressed intent 18.17 ofclause (a)this section; 18.18 (4) rules, guidelines, and schedules that have been 18.19 developed by associations of health care providers or 18.20 organizations provided that the commissioner is not bound by the 18.21 degree of disability in these sources but shall adjust the 18.22 relative degree of disability to conform to the expressed intent 18.23 ofclause (a)this section; 18.24 (5) the effect the rules may have on reducing litigation; 18.25 (6) the treatment of preexisting disabilities with respect 18.26 to the evaluation of permanent functional disability provided 18.27 that any preexisting disabilities must be objectively determined 18.28 by medical evidence; and 18.29 (7) symptomatology and loss of function and use of the 18.30 injured member. 18.31 The factors in paragraphs (1) to (7) shall not be used in 18.32 any individual or specific workers' compensation claim under 18.33 this chapter but shall be used only in the adoption of rules 18.34 pursuant to this section. 18.35 Nothing listed in paragraphs (1) to (7) shall be used to 18.36 dispute or challenge a disability rating given to a part of the 19.1 body so long as the whole schedule conforms with the expressed 19.2 intent ofclause (a)this section. 19.3(c)If an employee suffers a permanent functional 19.4 disability of more than one body part due to a personal injury 19.5 incurred in a single occurrence, the percent of the whole body 19.6 which is permanently partially disabled shall be determined by 19.7 the following formula so as to ensure that the percentage for 19.8 all functional disability combined does not exceed the total for 19.9 the whole body: 19.10 A + B (1 - A) 19.11 where: A is the greater percentage whole body loss of the 19.12 first body part; and B is the lesser percentage whole body loss 19.13 otherwise payable for the second body part. A + B (1-A) is 19.14 equivalent to A + B - AB. 19.15 For permanent partial disabilities to three body parts due 19.16 to a single occurrence or as the result of an occupational 19.17 disease, the above formula shall be applied, providing that A 19.18 equals the result obtained from application of the formula to 19.19 the first two body parts and B equals the percentage for the 19.20 third body part. For permanent partial disability to four or 19.21 more body parts incurred as described above, A equals the result 19.22 obtained from the prior application of the formula, and B equals 19.23 the percentage for the fourth body part or more in arithmetic 19.24 progressions. 19.25 Sec. 10. Minnesota Statutes 1994, section 176.179, is 19.26 amended to read: 19.27 176.179 [RECOVERY OF OVERPAYMENTS.] 19.28 Notwithstanding section 176.521, subdivision 3, or any 19.29 other provision of this chapter to the contrary, except as 19.30 provided in this section, no lump sum or weekly payment, or 19.31 settlement, which is voluntarily paid to an injured employee or 19.32 the survivors of a deceased employee in apparent or seeming 19.33 accordance with the provisions of this chapter by an employer or 19.34 insurer, or is paid pursuant to an order of the workers' 19.35 compensation division, a compensation judge, or court of appeals 19.36 relative to a claim by an injured employee or the employee's 20.1 survivors, and received in good faith by the employee or the 20.2 employee's survivors shall be refunded to the paying employer or 20.3 insurer in the event that it is subsequently determined that the 20.4 payment was made under a mistake in fact or law by the employer 20.5 or insurer. When the payments have been made to a person who is 20.6 entitled to receive further payments of compensation for the 20.7 same injury, the mistaken compensation may be takenas a full20.8credit against future lump sum benefit entitlement andas a 20.9 partial credit against futureweeklyperiodic benefits. The 20.10 credit applied against further payments of temporary total 20.11 disability, temporary partial disability, permanent partial 20.12 disability, permanent total disability, retraining benefits, or 20.13 death benefits, or weekly payments of economic recovery or20.14impairment compensationshall not exceed 20 percent of the 20.15 amount that would otherwise be payable. 20.16 A credit may not be applied against medical expenses due or 20.17 payable. 20.18 Where the commissioner or compensation judge determines 20.19 that the mistaken compensation was not received in good faith, 20.20 the commissioner or compensation judge may order reimbursement 20.21 of the compensation. For purposes of this section, a payment is 20.22 not received in good faith if it is obtained through fraud, or 20.23 if the employee knew that the compensation was paid under 20.24 mistake of fact or law, and the employee has not refunded the 20.25 mistaken compensation. 20.26 Sec. 11. Minnesota Statutes 1994, section 176.221, 20.27 subdivision 6a, is amended to read: 20.28 Subd. 6a. [MEDICAL, REHABILITATION,ECONOMIC RECOVERY, AND20.29IMPAIRMENTAND PERMANENT PARTIAL COMPENSATION.] The penalties 20.30 provided by this section apply in cases where payment for 20.31 treatment under section 176.135, rehabilitation expenses under 20.32 section 176.102, subdivisions 9 and 11,economic recovery20.33compensation or impairment compensationor permanent partial 20.34 compensation are not made in a timely manner as required by law 20.35 or by rule adopted by the commissioner. 20.36 Sec. 12. Minnesota Statutes 1994, section 176.82, is 21.1 amended to read: 21.2 176.82 [ACTION FOR CIVIL DAMAGES FOR OBSTRUCTING EMPLOYEE 21.3 SEEKING BENEFITS.] 21.4 Subdivision 1. [RETALIATORY DISCHARGE.] Any person 21.5 discharging or threatening to discharge an employee for seeking 21.6 workers' compensation benefits or in any manner intentionally 21.7 obstructing an employee seeking workers' compensation benefits 21.8 is liable in a civil action for damages incurred by the employee 21.9 including any diminution in workers' compensation benefits 21.10 caused by a violation of this section including costs and 21.11 reasonable attorney fees, and for punitive damages not to exceed 21.12 three times the amount of any compensation benefit to which the 21.13 employee is entitled. Damages awarded under this section shall 21.14 not be offset by any workers' compensation benefits to which the 21.15 employee is entitled. 21.16 Subd. 2. [REFUSAL TO OFFER CONTINUED EMPLOYMENT.] An 21.17 employer who, without reasonable cause, refuses to offer 21.18 continued employment to its employee when employment is 21.19 available within the employee's physical limitations shall be 21.20 liable for one year's wages. The wages are payable from the 21.21 date of the refusal to offer continued employment, and at the 21.22 same time and at the same rate as the employee's preinjury wage, 21.23 to continue during the period of the refusal up to a maximum of 21.24 $15,000. These payments shall be in addition to any other 21.25 payments provided by this chapter. In determining the 21.26 availability of employment, the continuance in business of the 21.27 employer shall be considered and written rules promulgated by 21.28 the employer with respect to seniority or the provisions or any 21.29 collective bargaining agreement with respect to seniority shall 21.30 govern. 21.31 Sec. 13. Minnesota Statutes 1994, section 268.08, 21.32 subdivision 3, is amended to read: 21.33 Subd. 3. [NOT ELIGIBLE.] An individual shall not be 21.34 eligible to receive benefits for any week with respect to which 21.35 the individual is receiving, has received, or has filed a claim 21.36 for remuneration in an amount equal to or in excess of the 22.1 individual's weekly benefit amount in the form of: 22.2 (1) termination, severance, or dismissal payment or wages 22.3 in lieu of notice whether legally required or not; provided that 22.4 if a termination, severance, or dismissal payment is made in a 22.5 lump sum, such lump sum payment shall be allocated over a period 22.6 equal to the lump sum divided by the employee's regular pay 22.7 while employed by such employer; provided such payment shall be 22.8 applied for a period immediately following the last day of 22.9 employment but not to exceed 28 calendar days provided that 50 22.10 percent of the total of any such payments in excess of eight 22.11 weeks shall be similarly allocated to the period immediately 22.12 following the 28 days; or 22.13 (2) vacation allowance paid directly by the employer for a 22.14 period of requested vacation, including vacation periods 22.15 assigned by the employer under the provisions of a collective 22.16 bargaining agreement, or uniform vacation shutdown; or 22.17 (3) compensation for loss of wages under the workers' 22.18 compensation law of this state or any other state or under a 22.19 similar law of the United States, or under other insurance or 22.20 fund established and paid for by the employerexcept that this22.21does not apply to an individual who is receiving temporary22.22partial compensation pursuant to section 176.101, subdivision22.233k; or 22.24 (4) 50 percent of the pension payments from any fund, 22.25 annuity or insurance maintained or contributed to by a base 22.26 period employer including the armed forces of the United States 22.27 if the employee contributed to the fund, annuity or insurance 22.28 and all of the pension payments if the employee did not 22.29 contribute to the fund, annuity or insurance; or 22.30 (5) 50 percent of a primary insurance benefit under title 22.31 II of the Social Security Act, as amended, or similar old age 22.32 benefits under any act of Congress or this state or any other 22.33 state. 22.34 Provided, that if such remuneration is less than the 22.35 benefits which would otherwise be due under sections 268.03 to 22.36 268.231, the individual shall be entitled to receive for such 23.1 week, if otherwise eligible, benefits reduced by the amount of 23.2 such remuneration; provided, further, that if the appropriate 23.3 agency of such other state or the federal government finally 23.4 determines that the individual is not entitled to such benefits, 23.5 this provision shall not apply. If the computation of reduced 23.6 benefits, required by this subdivision, is not a whole dollar 23.7 amount, it shall be rounded down to the next lower dollar amount. 23.8 Sec. 14. [REPEALER.] 23.9 Minnesota Statutes 1994, sections 175.007; 176.011, 23.10 subdivision 26; and 176.101, subdivisions 3a, 3b, 3c, 3d, 3e, 23.11 3f, 3g, 3h, 3i, 3j, 3k, 3l, 3m, 3n, 3o, 3p, 3q, 3r, 3s, 3t, and 23.12 3u, are repealed. 23.13 Sec. 15. [EFFECTIVE DATE.] 23.14 Sections 1 to 14 are effective October 1, 1995. 23.15 ARTICLE 4 23.16 Section 1. Minnesota Statutes 1994, section 79.211, 23.17 subdivision 1, is amended to read: 23.18 Subdivision 1. [CERTAIN WAGESEXCLUDEDINCLUDED FOR 23.19 RATEMAKING.] The rating association or an insurer shallnot23.20 include wages paid for a vacation, holiday, or sick leave in the 23.21 determination of a workers' compensation insurance premium. 23.22 An insurer, including the assigned risk plan, shall not 23.23 include wages paid for work performed in an adjacent state in 23.24 the determination of a workers' compensation premium if the 23.25 employer paid a workers' compensation insurance premium to the 23.26 exclusive state fund of the adjacent state on the wages earned 23.27 in the adjacent state. 23.28 Sec. 2. Minnesota Statutes 1994, section 176.111, 23.29 subdivision 6, is amended to read: 23.30 Subd. 6. [SPOUSE, NO DEPENDENT CHILD.] If the deceased 23.31 employee leaves a dependent surviving spouse and no dependent 23.32 child, there shall be paid to the spouse weekly workers' 23.33 compensation benefits at 50 percent of 1.25 times the weekly 23.34 wage at the time of the injury for a period of ten years, 23.35 including adjustments as provided in section 176.645. 23.36 Sec. 3. Minnesota Statutes 1994, section 176.111, 24.1 subdivision 7, is amended to read: 24.2 Subd. 7. [SPOUSE, ONE DEPENDENT CHILD.] If the deceased 24.3 employee leaves a surviving spouse and one dependent child, 24.4 there shall be paid to the surviving spouse for the benefit of 24.5 the spouse and child 60 percent of 1.25 times the daily wage at 24.6 the time of the injury of the deceased until the child is no 24.7 longer a dependent as defined in subdivision 1. At that time 24.8 there shall be paid to the dependent surviving spouse weekly 24.9 benefits at a rate which is 16-2/3 percent less than the last 24.10 weekly workers' compensation benefit payment, as defined in 24.11 subdivision 8a, while the surviving child was a dependent, for a 24.12 period of ten years, including adjustments as provided in 24.13 section 176.645. 24.14 Sec. 4. Minnesota Statutes 1994, section 176.111, 24.15 subdivision 8, is amended to read: 24.16 Subd. 8. [SPOUSE, TWO DEPENDENT CHILDREN.] If the deceased 24.17 employee leaves a surviving spouse and two dependent children, 24.18 there shall be paid to the surviving spouse for the benefit of 24.19 the spouse and children 66-2/3 percent of 1.25 times the daily 24.20 wage at the time of the injury of the deceased until the last 24.21 dependent child is no longer dependent. At that time the 24.22 dependent surviving spouse shall be paid weekly benefits at a 24.23 rate which is 25 percent less than the last weekly workers' 24.24 compensation benefit payment, as defined in subdivision 8a, 24.25 while the surviving child was a dependent, for a period of ten 24.26 years, adjusted according to section 176.645. 24.27 Sec. 5. Minnesota Statutes 1994, section 176.111, 24.28 subdivision 12, is amended to read: 24.29 Subd. 12. [ORPHANS.] If the deceased employee leaves a 24.30 dependent orphan, there shall be paid 55 percent of 1.25 times 24.31 the weekly wage at the time of the injury of the deceased, for 24.32 two or more orphans there shall be paid 66-2/3 percent of 1.25 24.33 times the wages. 24.34 Sec. 6. Minnesota Statutes 1994, section 176.111, 24.35 subdivision 14, is amended to read: 24.36 Subd. 14. [PARENTS.] If the deceased employee leave no 25.1 surviving spouse or child entitled to any payment under this 25.2 chapter, but leaves both parents wholly dependent on deceased, 25.3 there shall be paid to such parents jointly 45 percent of 1.25 25.4 times the weekly wage at the time of the injury of the 25.5 deceased. In case of the death of either of the wholly 25.6 dependent parents the survivor shall receive 35 percent of 1.25 25.7 times the weekly wage thereafter. If the deceased employee 25.8 leave one parent wholly dependent on the deceased, there shall 25.9 be paid to such parent 35 percent of 1.25 times the weekly wage 25.10 at the time of the injury of the deceased employee. The 25.11 compensation payments under this section shall not exceed the 25.12 actual contributions made by the deceased employee to the 25.13 support of the employee's parents for a reasonable time 25.14 immediately prior to the injury which caused the death of the 25.15 deceased employee. 25.16 Sec. 7. Minnesota Statutes 1994, section 176.111, 25.17 subdivision 15, is amended to read: 25.18 Subd. 15. [REMOTE DEPENDENTS.] If the deceased employee 25.19 leaves no surviving spouse or child or parent entitled to any 25.20 payment under this chapter, but leaves a grandparent, 25.21 grandchild, brother, sister, mother-in-law, or father-in-law 25.22 wholly dependent on the employee for support, there shall be 25.23 paid to such dependent, if but one, 30 percent of 1.25 times the 25.24 weekly wage at the time of injury of the deceased, or if more 25.25 than one, 35 percent of 1.25 times the weekly wage at the time 25.26 of the injury of the deceased, divided among them share and 25.27 share alike. 25.28 Sec. 8. Minnesota Statutes 1994, section 176.111, 25.29 subdivision 20, is amended to read: 25.30 Subd. 20. [ACTUAL DEPENDENTS, COMPENSATION.] Actual 25.31 dependents are entitled to take compensation in the order named 25.32 in subdivision 3 during dependency until 66-2/3 percent of 1.25 25.33 times the weekly wage of the deceased at the time of injury is 25.34 exhausted. The total weekly compensation to be paid to full 25.35 actual dependents of a deceased employee shall not exceed in the 25.36 aggregate an amount equal to 1.25 times the maximum weekly 26.1 compensation for a temporary total disability. 26.2 ARTICLE 5 26.3 Section 1. Minnesota Statutes 1994, section 176.081, 26.4 subdivision 1, is amended to read: 26.5 Subdivision 1. [APPROVALLIMITATION OF FEES.] (a) A fee 26.6 for legal services of25ten percent of the first 26.7$4,000$130,000 of compensation awarded to the employeeand 2026.8percent of the next $60,000 of compensation awarded to the26.9employeeis the maximum permissible fee and does not require 26.10 approval by the commissioner, compensation judge, or any other 26.11 partyexcept as provided in paragraph (d). All fees must be 26.12 calculated according to the formula under this subdivision, or26.13earned in hourly fees for representation at discontinuance26.14conferences under section 176.239, or earned in hourly fees for26.15representation on rehabilitation or medical issues under section26.16176.102, 176.135, or 176.136. Attorney fees for recovery of26.17medical or rehabilitation benefits or services shall be assessed26.18against the employer or insurer if these fees exceed the26.19contingent fee under this section in connection with benefits26.20currently in dispute. The amount of the fee that the employer26.21or insurer is liable for is the amount determined under26.22subdivision 5, minus the contingent fee. 26.23 (b) All fees for legal services related to the same injury 26.24 are cumulative and may not exceed $13,000, except as provided by26.25subdivision 2. If multiple injuries are the subject of a 26.26 dispute, the commissioner, compensation judge, or court of 26.27 appeals shall specify the attorney fee attributable to each 26.28 injury. 26.29 (c) If the employer or the insurer or the defendant is 26.30 given written notice of claims for legal services or 26.31 disbursements, the claim shall be a lien against the amount paid 26.32 or payable as compensation. Subject to the foregoing maximum 26.33 amount for attorney fees, up to ten percent of periodic 26.34 compensation awards made to employees may be withheld from the 26.35 periodic payments for attorney fees or disbursements if the 26.36 payor of the funds clearly indicates on the check or draft 27.1 issued for payment the purpose of the withholding, the name of 27.2 the attorney who will be paid, the amount withheld, and the 27.3 gross amount of the compensation payment before withholding. In 27.4 no case shall fees be calculated on the basis of any undisputed 27.5 portion of compensation awards. Allowable fees under this 27.6 chapter shall be based solely upon genuinely disputed claims or 27.7 portions of claims, including disputes related to the payment of 27.8 rehabilitation benefits or to other aspects of a rehabilitation 27.9 plan.Fees for administrative conferences under section 176.23927.10shall be determined on an hourly basis, according to the27.11criteria in subdivision 5.27.12 (d) An attorney who is claiming legal fees for representing 27.13 an employee in a workers' compensation matter shall file a 27.14 statement of attorney fees with the commissioner, compensation 27.15 judge before whom the matter was heard, or workers' compensation 27.16 court of appeals on cases before the court. A copy of the 27.17 signed retainer agreement shall also be filed. The employee and 27.18 insurer shall receive a copy of the statement. The statement 27.19 shall be on a form prescribed by the commissioner,and shall 27.20 report the number of hours spent on the case, and shall clearly27.21and conspicuously state that the employee or insurer has ten27.22calendar days to object to the attorney fees requested. If no27.23objection is timely made by the employee or insurer, the amount27.24requested shall be conclusively presumed reasonable providing27.25the amount does not exceed the limitation in subdivision 1. The27.26commissioner, compensation judge, or court of appeals shall27.27issue an order granting the fees and the amount requested shall27.28be awarded to the party requesting the fee. 27.29If a timely objection is filed, or the fee is determined on27.30an hourly basis, the commissioner, compensation judge, or court27.31of appeals shall review the matter and make a determination27.32based on the criteria in subdivision 5.27.33If no timely objection is made by an employer or insurer,27.34reimbursement under subdivision 7 shall be made if the statement27.35of fees requested this reimbursement.27.36 (e)Employers and insurers may not pay attorney fees or28.1wages for legal services of more than $13,000 per case unless28.2the additional fees or wages are approved under subdivision 2.28.3(f)Each insurer and self-insured employer shall file 28.4 annual statements with the commissioner detailing the total 28.5 amount of legal fees and other legal costs incurred by the 28.6 insurer or employer during the year. The statement shall 28.7 include the amount paid for outside and in-house counsel, 28.8 deposition and other witness fees, and all other costs relating 28.9 to litigation. 28.10 Sec. 2. Minnesota Statutes 1994, section 176.081, 28.11 subdivision 7a, is amended to read: 28.12 Subd. 7a. [SETTLEMENT OFFER.] At any time prior to one day 28.13 before a matter is to be heard, a party litigating a claim made 28.14 pursuant to this chapter may serve upon the adverse party a 28.15 reasonable offer of settlement of the claim, with provision for 28.16 costs and disbursements then accrued. If before the hearing the 28.17 adverse party serves written notice that the offer is accepted, 28.18 either party may then file the offer and notice of acceptance, 28.19 together with the proof of service thereof, and thereupon 28.20 judgment shall be entered. 28.21 If an offer by an employer or insurer is not accepted by 28.22 the employee, it shall be deemed withdrawn and evidence thereof 28.23 is not admissible, except in a proceeding to determine 28.24 attorney's fees.Notwithstanding the provisions of subdivision28.257, if the judgment finally obtained by the employee is less28.26favorable than the offer, the employer shall not be liable for28.27any part of the attorney's fees awarded pursuant to this section.28.28 If an offer by an employee is not accepted by the employer 28.29 or insurer, it shall be deemed withdrawn and evidence thereof is 28.30 not admissible, except in a proceeding to determine attorney's 28.31 fees.Notwithstanding the provisions of subdivision 7, if the28.32judgment finally obtained by the employee is at least as28.33favorable as the offer, the employer shall pay an additional 2528.34percent, over the amount provided in subdivision 7, of that28.35portion of the attorney's fee which has been awarded pursuant to28.36this section that is in excess of $250.29.1 The fact that an offer is made but not accepted does not 29.2 preclude a subsequent offer. 29.3 Sec. 3. Minnesota Statutes 1994, section 176.081, 29.4 subdivision 9, is amended to read: 29.5 Subd. 9. [RETAINER AGREEMENT.] An attorney who is hired by 29.6 an employee to provide legal services with respect to a claim 29.7 for compensation made pursuant to this chapter shall prepare a 29.8 retainer agreement in which the provisions of this section are 29.9 specifically set out and provide a copy of this agreement to the 29.10 employee. The retainer agreement shall provide a space for the 29.11 signature of the employee. A signed agreement shall raise a 29.12 conclusive presumption that the employee has read and 29.13 understands the statutory fee provisions. No fee shall be 29.14 awarded pursuant to this section in the absence of a signed 29.15 retainer agreement. 29.16 The retainer agreement shall contain a notice to the 29.17 employee regarding the maximum fee allowed under this section in 29.18 ten-point type, which shall read: 29.19 Notice of Maximum Fee 29.20 The maximum fee allowed by law for legal services is ten 29.21 percent of the first $130,000 of compensation awarded to the 29.22 employee subject to a cumulative maximum fee of $13,000 for fees 29.23 related to the same injury. 29.24 The employee shall take notice that the employee is under 29.25 no legal or moral obligation to pay any fee for legal services 29.26 in excess of the foregoing maximum fee. 29.27 Sec. 4. Minnesota Statutes 1994, section 176.135, 29.28 subdivision 1, is amended to read: 29.29 Subdivision 1. [MEDICAL, PSYCHOLOGICAL, CHIROPRACTIC, 29.30 PODIATRIC, SURGICAL, HOSPITAL.] (a) The employer shall furnish 29.31 any medical, psychological, chiropractic, podiatric, surgical 29.32 and hospital treatment, including nursing, medicines, medical, 29.33 chiropractic, podiatric, and surgical supplies, crutches and 29.34 apparatus, including artificial members, or, at the option of 29.35 the employee, if the employer has not filed notice as 29.36 hereinafter provided, Christian Science treatment in lieu of 30.1 medical treatment, chiropractic medicine and medical supplies, 30.2 as may reasonably be required at the time of the injury and any 30.3 time thereafter to cure and relieve from the effects of the 30.4 injury. This treatment shall include treatments necessary to 30.5 physical rehabilitation. 30.6 (b) The employer shall pay for the reasonable value of 30.7 nursing services provided by a member of the employee's family 30.8 in cases of permanent total disability. 30.9 (c) Exposure to rabies is an injury and an employer shall 30.10 furnish preventative treatment to employees exposed to rabies. 30.11 (d) The employer shall furnish replacement or repair for 30.12 artificial members, glasses, or spectacles, artificial eyes, 30.13 podiatric orthotics, dental bridge work, dentures or artificial 30.14 teeth, hearing aids, canes, crutches, or wheel chairs damaged by 30.15 reason of an injury arising out of and in the course of the 30.16 employment. For the purpose of this paragraph, "injury" 30.17 includes damage wholly or in part to an artificial member. In 30.18 case of the employer's inability or refusal seasonably to 30.19 provide the items required to be provided under this paragraph, 30.20 the employer is liable for the reasonable expense incurred by or 30.21 on behalf of the employee in providing the same, including costs 30.22 of copies of any medical records or medical reports that are in 30.23 existence, obtained from health care providers, and that 30.24 directly relate to the items for which payment is sought under 30.25 this chapter, limited to the charges allowed by subdivision 7, 30.26 and attorney fees incurred by the employee.Attorney's fees30.27shall be determined on an hourly basis according to the criteria30.28in section 176.081, subdivision 5.30.29 (e) Both the commissioner and the compensation judges have 30.30 authority to make determinations under this section in 30.31 accordance with sections 176.106 and 176.305. 30.32 (f) An employer may require that the treatment and supplies 30.33 required to be provided by an employer by this section be 30.34 received in whole or in part from a managed care plan certified 30.35 under section 176.1351 except as otherwise provided by that 30.36 section. 31.1 Sec. 5. Minnesota Statutes 1994, section 176.191, 31.2 subdivision 8, is amended to read: 31.3 Subd. 8. [ATTORNEY FEES.] No attorney's fees shall be 31.4 awarded under either section 176.081, subdivision 8,or 176.191 31.5 against any employer or insurer in connection with any 31.6 arbitration proceeding unless the employee chooses to retain an 31.7 attorney to represent the employee's interests during 31.8 arbitration. 31.9 Sec. 6. [REPEALER.] 31.10 Minnesota Statutes 1994, sections 176.081, subdivisions 2, 31.11 5, 7, and 8; and 176.133, are repealed. 31.12 ARTICLE 6 31.13 Section 1. Minnesota Statutes 1994, section 176.102, 31.14 subdivision 11, is amended to read: 31.15 Subd. 11. [RETRAINING; COMPENSATION.] (a) Retraining is 31.16 limited to 156 weeks. An employee who has been approved for 31.17 retraining may petition the commissioneror compensation judge31.18 for additional compensation not to exceed 25 percent of the 31.19 compensation otherwise payable. If the commissioneror31.20compensation judgedetermines that this additional compensation 31.21 is warranted due to unusual or unique circumstances of the 31.22 employee's retraining plan, the commissioner may award 31.23 additional compensation in an amount not to exceed the 31.24 employee's request. This additional compensation shall cease at 31.25 any time the commissioneror compensation judgedetermines the 31.26 special circumstances are no longer present. 31.27 (b) If the employee is not employed during a retraining 31.28 plan that has been specifically approved under this section, 31.29 temporary total compensation is payable for up to 90 days after 31.30 the end of the retraining plan; except that, payment during the 31.31 90-day period is subject to cessation in accordance with section 31.32 176.101. If the employee is employed during the retraining plan 31.33 but earning less than at the time of injury, temporary partial 31.34 compensation is payable at the rate of 66-2/3 percent of the 31.35 difference between the employee's weekly wage at the time of 31.36 injury and the weekly wage the employee is able to earn in the 32.1 employee's partially disabled condition, subject to the maximum 32.2 rate for temporary total compensation. Temporary partial 32.3 compensation is not subject to the 225-week or 450-week 32.4 limitations provided by section 176.101, subdivision 2, during 32.5 the retraining plan, but is subject to those limitations before 32.6 and after the plan. 32.7 Sec. 2. Minnesota Statutes 1994, section 176.106, is 32.8 amended to read: 32.9 176.106 [ADMINISTRATIVECONFERENCEDISPUTE RESOLUTION; 32.10 PAPER DECISIONS; HEARINGS.] 32.11 Subdivision 1. [SCOPE.] All determinations by the 32.12 commissioner pursuant to section 176.102, 176.103, 176.135, or 32.13 176.136 shall be in accordance with the procedures contained in 32.14 this section. 32.15 Subd. 2. [REQUEST FORCONFERENCEDECISION.] Any party may 32.16 requestan administrative conferencea decision by serving and 32.17 filing a request on a form prescribed by the commissioner. The 32.18 request shall be served on all interested parties by the party 32.19 making the request. The request shall have attached verified or 32.20 certified reports substantiating the claim including the medical 32.21 and vocational records and other information necessary to 32.22 establish the compensability of a claim or to determine whether 32.23 a medical or rehabilitation request is reasonable and necessary. 32.24 Subd. 3. [CONFERENCEDECISION.] A decision in the matter 32.25 shall bescheduled for an administrative conferenceissued by 32.26 the commissioner or the matter shall be certified for hearing 32.27 and decision within6090 days after receipt ofthea party's 32.28 requestfor a conference. A notice of theconferencerequest 32.29 shall be served by the department on all parties no later than 32.30 14 daysprior toafter theconference, unless the commissioner32.31determines that a conference shall not be held. The32.32commissioner may order an administrative conference whether or32.33not a request for conference is filed.32.34The commissioner may refuse to hold an administrative32.35conference and refer the matter for a settlement or pretrial32.36conference or may certify the matter to the office of33.1administrative hearings for a full hearing before a compensation33.2judge.request is filed. The notice must state that the 33.3 responding interested parties must serve the requesting party 33.4 and file with the commissioner within 20 days from the date of 33.5 the notice, the verified or certified reports substantiating the 33.6 responding parties position on the issues presented by the 33.7 request including the medical and vocational records and other 33.8 information necessary to establish whether a claim is 33.9 compensable or to determine whether a medical or rehabilitation 33.10 request is reasonable and necessary. If the request and 33.11 responses do not include sufficient information, the 33.12 commissioner may require the parties to submit further 33.13 documentary evidence and a summary of evidence they would 33.14 present at a formal hearing by a date certain and may extend the 33.15 period to issue a decision by no more than 60 days. 33.16 Subd. 4. [APPEARANCES.] All parties shall appeareither33.17personally, by telephone, by representative, orby written 33.18 submission. The commissioner shall determine the issues in 33.19 dispute based upon the informationavailable atsubmitted with 33.20 theconferencerequest and submitted by the responding 33.21 interested parties. 33.22 Subd. 5. [CONTENTS OF DECISION.] A written decision shall 33.23 be issued by the commissioner or an authorized representative 33.24 determining all issuesconsidered at the conference or if a33.25conference was not heldraised by the request, based on the 33.26 written submissions. Disputed issues of fact shall be 33.27 determined by a preponderance of the evidence. The decision 33.28 must be issuedwithin 30 days after the close of the conference33.29or if no conference was held,within6090 days after receipt of 33.30 the requestfor conference. The decision must include a 33.31 statement indicating the right to request a de novo hearing 33.32 before a compensation judge and how to initiate the request. 33.33 Subd. 6. [PENALTY.]At a conferenceIn the request or 33.34 response to request provided by this section, if the insurer 33.35 does not provide a specific reason for nonpayment of the items 33.36 in dispute, the commissioner may assess a penalty of $300 34.1 payable to the assigned risk safety account, unless it is 34.2 determined that the reason for the lack of specificity was the 34.3 failure of the insurer, upon timely request, to receive 34.4 information necessary to remedy the lack of specificity. This 34.5 penalty is in addition to any penalty that may be applicable for 34.6 nonpayment. 34.7 Subd. 7. [REQUEST FOR HEARING.] Any party aggrieved by the 34.8 decision of the commissioner may request a formal hearing by 34.9 filing the request with the commissioner and paying a filing fee 34.10 of $100 no later than 30 days after the decision. The request 34.11 shall be referred to the office of administrative hearings for a 34.12 de novo hearing before a compensation judge. The commissioner 34.13 shall refer a timely request to the office of administrative 34.14 hearings within five working days after filing of the request 34.15 and the hearing at the office of administrative hearings must be 34.16 held on the first date that all parties are available but not 34.17 later than 60 days after the office of administrative hearings 34.18 receives the matter. Following the hearing, the compensation 34.19 judge must issue the decision within 30 days. The decision of 34.20 the compensation judge is appealable pursuant to section 176.421. 34.21 Subd. 8. [DENIAL OF PRIMARY LIABILITY.] The commissioner 34.22 does not have authority to make determinations relating to 34.23 medical or rehabilitation benefits when there is a genuine 34.24 dispute over whether the injury initially arose out of and in 34.25 the course of employment, except as provided by section 176.305. 34.26 Subd. 9. [SUBSEQUENT CAUSATION ISSUES.] If initial 34.27 liability for an injury has been admitted or established and an 34.28 issue subsequently arises regarding causation between the 34.29 employee's condition and the work injury, the commissioner may 34.30 make the subsequent causation determination subject to de novo 34.31 hearing by a compensation judge with a right to review by the 34.32 court of appeals, as provided in this chapter. 34.33 Sec. 3. Minnesota Statutes 1994, section 176.191, is 34.34 amended by adding a subdivision to read: 34.35 Subd. 1a. [EQUITABLE APPORTIONMENT.] Equitable 34.36 apportionment of liability for an injury under this chapter is 35.1 not allowed except that apportionment among employers and 35.2 insurers is allowed in a settlement agreement filed pursuant to 35.3 section 176.521, and an employer or insurer may request 35.4 equitable apportionment of liability for workers' compensation 35.5 benefits among employer and insurers by arbitration pursuant to 35.6 subdivision 5. To the same extent limited by this subdivision, 35.7 contribution and reimbursement actions based on equitable 35.8 apportionment are not allowed under this chapter. If the 35.9 insurers choose to arbitrate apportionment, contribution, or 35.10 reimbursement issues pursuant to this section, the arbitration 35.11 proceeding is for the limited purpose of apportioning liability 35.12 for workers' compensation benefits payable among employers and 35.13 insurers. This subdivision applies without regard to whether 35.14 one or more of the injuries results from cumulative trauma or a 35.15 specific injury, but does not apply to an occupational disease. 35.16 In the case of an occupational disease, section 176.66 applies. 35.17 In the arbitration of equitable apportionment under this 35.18 section, the parties and the arbitrator must be guided by 35.19 general rules of arbitrator selection and presumptive 35.20 apportionment among employers and insurers that are developed by 35.21 the insurer's administrative task force and approved by the 35.22 commissioner of the department of labor and industry. 35.23 Apportionment against preexisting disability is allowed only for 35.24 permanent partial disability as provided in section 176.101, 35.25 subdivision 4a. Nothing in this subdivision shall be 35.26 interpreted to repeal or in any way affect the law with respect 35.27 to special compensation fund liability or benefits. 35.28 Sec. 4. Minnesota Statutes 1994, section 176.191, 35.29 subdivision 5, is amended to read: 35.30 Subd. 5. [ARBITRATION.] Where a dispute exists between an 35.31 employer, insurer, the special compensation fund,the reopened35.32case fund,or the workers' compensation reinsurance association, 35.33 regarding apportionment of liability for benefits payable under 35.34 this chapter,the disputeand the requesting party has expended 35.35 over $10,000 in medical or 52 weeks worth of indemnity benefits 35.36 and made the request within one year thereafter, a party maybe36.1submitted with consent of all interested partiesrequest 36.2 submission of the dispute as to apportionment of liability among 36.3 employers and insurers to binding arbitration. The decision of 36.4 the arbitrator shall be conclusivewith respect to all issues36.5presented except as provided in subdivisions 6 and 7on the 36.6 issue of apportionment among employers and insurers. Consent of 36.7 the employee is not required for submission of a dispute to 36.8 arbitration pursuant to this section and the employee is not 36.9 bound by the results of the arbitration. An arbitration award 36.10 shall not be admissible in any other proceeding under this 36.11 chapter. Notice of the proceeding shall be given to the 36.12 employee. 36.13 The employee, or any person with material information to 36.14 the facts to be arbitrated, shall attend the arbitration 36.15 proceeding if any party to the proceeding deems it necessary. 36.16 Nothing said by an employee in connection with any arbitration 36.17 proceeding may be used against the employee in any other 36.18 proceeding under this chapter. Reasonable expenses of meals, 36.19 lost wages, and travel of the employee or witnesses in attending 36.20 shall be reimbursed on a pro rata basis. Arbitration costs 36.21 shall be paid by the parties, except the employee, on a pro rata 36.22 basis. 36.23 Sec. 5. Minnesota Statutes 1994, section 176.191, 36.24 subdivision 7, is amended to read: 36.25 Subd. 7. [REPRESENTATION.] If an employee brings an action 36.26under the circumstances described in subdivision 6in which 36.27 there had been an arbitration proceeding under subdivisions 1a 36.28 and 5, the parties to the previous arbitration may be 36.29 represented at the new action by a common or joint attorney. 36.30 Sec. 6. Minnesota Statutes 1994, section 176.238, 36.31 subdivision 3, is amended to read: 36.32 Subd. 3. [INTERIMADMINISTRATIVE DECISION.] An employee 36.33 may request the commissioner toscheduleissue an administrative 36.34 discontinuanceconferencedecision to obtain an expedited 36.35interimdecision concerning the discontinuance of compensation. 36.36 Procedures relating to administrative discontinuanceconferences37.1 decisions are set forth in section 176.239. 37.2 Sec. 7. Minnesota Statutes 1994, section 176.238, 37.3 subdivision 4, is amended to read: 37.4 Subd. 4. [OBJECTION TO DISCONTINUANCE.] An employee may 37.5 serve on the employer and file with the commissioner an 37.6 objection to discontinuance if: 37.7 (a) the employee elects not to request an administrative 37.8conferencedecision under section 176.239; 37.9 (b) if the employee fails to timely proceed under that 37.10 section; 37.11 (c) if the discontinuance is not governed by that section; 37.12 or 37.13 (d) if the employee disagrees with the commissioner's 37.14 decision issued under that section. Within ten calendar days 37.15 after receipt of an objection to discontinuance, the 37.16 commissioner shall refer the matter to the office for a de novo 37.17 hearing before a compensation judge to determine the right of 37.18 the employee to further compensation. 37.19 Sec. 8. Minnesota Statutes 1994, section 176.238, 37.20 subdivision 5, is amended to read: 37.21 Subd. 5. [PETITION TO DISCONTINUE.] Instead of filing a 37.22 notice of discontinuance, an employer may serve on the employee 37.23 and file with the commissioner a petition to discontinue 37.24 compensation with a filing fee of $100. A petition to 37.25 discontinue compensation may also be used when the employer 37.26 disagrees with the commissioner's decision under section 37.27 176.239. Within ten calendar days after receipt of a petition 37.28 to discontinue, the commissioner shall refer the matter to the 37.29 office for a de novo hearing before a compensation judge to 37.30 determine the right of the employer to discontinue compensation. 37.31 The petition shall include copies of medical reports or 37.32 other written reports or evidence in the possession of the 37.33 employer bearing on the physical condition or other present 37.34 status of the employee which relate to the proposed 37.35 discontinuance. The employer shall continue payment of 37.36 compensation until the filing of the decision of the 38.1 compensation judge and thereafter as the compensation judge, 38.2 court of appeals, or the supreme court directs, unless, during 38.3 the interim, occurrences arise justifying the filing of a notice 38.4 under subdivision 1 or 2 and the discontinuance is permitted by 38.5 the commissioner's order or no conference under section 176.239 38.6 is requested. 38.7 Sec. 9. Minnesota Statutes 1994, section 176.238, 38.8 subdivision 6, is amended to read: 38.9 Subd. 6. [EXPEDITED HEARING BEFORE A COMPENSATION JUDGE.] 38.10 A hearing before a compensation judge shall be held within 30 38.11 calendar days after the office receives the file from the 38.12 commissioner if: 38.13 (a) an objection to discontinuance has been filed under 38.14 subdivision 4 within 60 calendar days after the notice of 38.15 discontinuance was filed and where no administrativeconference38.16 decision has beenheldrequested; 38.17 (b) an objection to discontinuance has been filed under 38.18 subdivision 4 within6030 calendar days after the 38.19 commissioner's decision under this section has been issued; 38.20 (c) a petition to discontinue has been filed by the insurer 38.21 in lieu of filing a notice of discontinuance; or 38.22 (d) a petition to discontinue has been filed within6030 38.23 calendar days after the commissioner's decision under this 38.24 section has been issued. 38.25 If the petition or objection is filed later than the 38.26 deadlines listed above, the expedited procedures in this section 38.27 apply only where the employee is unemployed at the time of 38.28 filing the objection and shows, to the satisfaction of the chief 38.29 administrative judge, by sworn affidavit, that the failure to 38.30 file the objection within the deadlines was due to some 38.31 infirmity or incapacity of the employee or to circumstances 38.32 beyond the employee's control.The hearing shall be limited to38.33the issues raised by the notice or petition unless all parties38.34agree to expanding the issues.If the issues are expanded, the 38.35 time limits for hearing and issuance of a decision by the 38.36 compensation judge under this subdivision shall not apply. 39.1 Once a hearing date has been set, a continuance of the 39.2 hearing date will be granted only under the following 39.3 circumstances: 39.4 (a) the employer has agreed, in writing, to a continuation 39.5 of the payment of benefits pending the outcome of the hearing; 39.6 or 39.7 (b) the employee has agreed, in a document signed by the 39.8 employee, that benefits may be discontinued pending the outcome 39.9 of the hearing. 39.10 Absent a clear showing of surprise at the hearing or the 39.11 unexpected unavailability of a crucial witness, all evidence 39.12 must be introduced at the hearing. If it is necessary to accept 39.13 additional evidence or testimony after the scheduled hearing 39.14 date, it must be submitted no later than 14 days following the 39.15 hearing, unless the compensation judge, for good cause, 39.16 determines otherwise. 39.17 The compensation judge shall issue a decision pursuant to 39.18 this subdivision within 30 days following the close of the 39.19 hearing record. 39.20 Sec. 10. Minnesota Statutes 1994, section 176.239, 39.21 subdivision 1, is amended to read: 39.22 Subdivision 1. [PURPOSE.] The purpose of this section is 39.23 to provide a procedure for parties to obtain an expedited 39.24interimadministrative decision in disputes over discontinuance 39.25 of temporary total, temporary partial, or permanent total 39.26 compensation. 39.27 Sec. 11. Minnesota Statutes 1994, section 176.239, 39.28 subdivision 2, is amended to read: 39.29 Subd. 2. [REQUEST FORADMINISTRATIVE CONFERENCEDECISION.] 39.30 If the employee disagrees with the notice of discontinuance, the 39.31 employee may request, on a form prescribed by the commissioner, 39.32 that the commissionerscheduleissue an administrative 39.33conference to be conducted pursuant to this sectiondecision 39.34 determining whether the benefit should be discontinued. 39.35 If temporary total, temporary partial, or permanent total 39.36 compensation has been discontinued because the employee has 40.1 returned to work, and the employee believes benefits should be 40.2 reinstated due to occurrences during the initial 14 calendar 40.3 days of the employee's return to work, the employee's request 40.4 must be received by the commissioner within 30 calendar days 40.5 after the employee has returned to work. If the employer has 40.6 failed to properly serve and file the notice as provided in 40.7 section 176.238, the employee's time period to request an 40.8 administrativeconferencedecision is extended up to and 40.9 including the 40th calendar day subsequent to the return to work. 40.10 If temporary total, temporary partial, or permanent total 40.11 compensation has been discontinued for a reason other than a 40.12 return to work, the employee's request must be received by the 40.13 commissioner within 12 calendar days after the notice of 40.14 discontinuance is received by the commissioner. If the employer 40.15 discontinues compensation without giving notice as required by 40.16 section 176.238, the employee's time period for requesting an 40.17 administrativeconferencedecision is extended up to and 40.18 including the 40th calendar day after which the notice should 40.19 have been served and filed. 40.20The commissioner may determine that an administrative40.21conference is not necessary under this section for reasons40.22prescribed by rule and permit the employer to discontinue40.23compensation, subject to the employee's right to file an40.24objection to discontinuance under section 176.238, subdivision 4.40.25In lieu of making a written request for an administrative40.26conference with the commissioner, an employee may make an40.27in-person or telephone request for the administrative conference.40.28 Sec. 12. Minnesota Statutes 1994, section 176.239, 40.29 subdivision 3, is amended to read: 40.30 Subd. 3. [PAYMENT THROUGH DATE OF DISCONTINUANCE 40.31 CONFERENCE.] If a notice of discontinuance has been served and 40.32 filed due to the employee's return to work, and the employee 40.33 requests aconferencedecision, the employer is not obligated to 40.34 reinstate or otherwise pay temporary total, temporary partial, 40.35 or permanent total compensation unless so ordered by the 40.36 commissioner. 41.1 When an administrativeconferencedecision isconducted41.2 requested under circumstances in which the employee has not 41.3 returned to work, compensation shall be paid through the date of 41.4 the administrativeconferencedecision unless: 41.5 (a) the employee has returned to work since the notice was 41.6 filed; or 41.7 (b)the employee fails to appear at the scheduled41.8administrative conference; or41.9(c)due to unusual circumstances or pursuant to the rules 41.10 of the division, the commissioner orders otherwise. 41.11 Sec. 13. Minnesota Statutes 1994, section 176.239, 41.12 subdivision 4, is amended to read: 41.13 Subd. 4. [SCHEDULING OF CONFERENCETIMING OF DECISION.] If 41.14 the employee timely requests an administrativeconference41.15 decision under this section, the commissioner shallschedule41.16 issue aconferencedecision or certify the matter to the office 41.17 of administrative hearings for hearing and decision withinten41.18calendar60 days after receiving the request. 41.19 Sec. 14. Minnesota Statutes 1994, section 176.239, 41.20 subdivision 5, is amended to read: 41.21 Subd. 5. [CONTINUANCESEXTENSION OF TIME TO ISSUE 41.22 DECISION.] An employee or employer may requesta continuance of41.23a scheduledan extension of time to issue an administrative 41.24conferencedecision. If the commissioner, upon request or in 41.25 the commissioner's own discretion determines there is good cause 41.26 fora continuancean extension, the commissioner may grant 41.27 thecontinuanceextension for not more than 14 calendar days 41.28 unless the parties agree to a longercontinuanceextension. If 41.29 compensation is payable through the day of the 41.30 administrativeconferencedecision pursuant to subdivision 3, 41.31 and the employee is granteda continuancean extension, 41.32 compensation need not be paid during the period ofcontinuance41.33 extension unless the commissioner orders otherwise. If the 41.34 employer is granteda continuancean extension and compensation 41.35 is payable through the day of the administrative 41.36conferencedecision pursuant to subdivision 3, then compensation 42.1 shall continue to be paid during thecontinuanceextension. The 42.2 commissioner may grant an unlimited number ofcontinuances42.3 extensions provided that payment of compensation during 42.4 anycontinuanceextension is subject to this subdivision. 42.5 Sec. 15. Minnesota Statutes 1994, section 176.239, 42.6 subdivision 7, is amended to read: 42.7 Subd. 7. [INTERIMADMINISTRATIVE DECISION.] After 42.8 considering the information provided by the partiesat the42.9administrative conference, the commissioner shall issue to all 42.10 interested parties a written decision on payment of 42.11 compensation. Administrative decisions under this section shall 42.12 be issued withinfive working60 days from theclosedate of the 42.13conferencerequests. Disputed issues of fact shall be 42.14 determined by a preponderance of the evidence. 42.15 Sec. 16. Minnesota Statutes 1994, section 176.239, 42.16 subdivision 8, is amended to read: 42.17 Subd. 8. [DISAGREEMENT WITH ADMINISTRATIVE DECISION.] An 42.18 employee who disagrees with the commissioner's decision under 42.19 this section may file an objection to discontinuance under 42.20 section 176.238, subdivision 4. An employer who disagrees with 42.21 the commissioner's decision under this section may file a 42.22 petition to discontinue under section 176.238, subdivision 42.23 5. The objection to discontinuance or petition to discontinue 42.24 must be served and filed with the commissioner and a filing fee 42.25 of $100 must be paid no later than 30 days after the decision. 42.26 Sec. 17. Minnesota Statutes 1994, section 176.239, 42.27 subdivision 9, is amended to read: 42.28 Subd. 9. [ADMINISTRATIVE DECISION BINDING; EFFECT OF 42.29 SUBSEQUENT DETERMINATIONS.] The commissioner's decision under 42.30 this section is binding upon the parties and the rights and 42.31 obligations of the parties are governed by the decision. 42.32 If an objection or a petition is filed under subdivision 8, 42.33 the commissioner's administrative decision remains in effect and 42.34 the parties' obligations or rights to pay or receive 42.35 compensation are governed by the commissioner's administrative 42.36 decision, pending a determination by a compensation judge 43.1 pursuant to section 176.238, subdivision 6. 43.2 If the commissioner has denied a discontinuance or 43.3 otherwise ordered commencement of benefits, the employer shall 43.4 continue paying compensation until an order is issued by a 43.5 compensation judge, the court of appeals, or the supreme court, 43.6 allowing compensation to be discontinued, or unless, during the 43.7 interim, occurrences arise justifying the filing of a notice 43.8 under section 176.238, subdivision 1 or 2, and the 43.9 discontinuance is permitted by the commissioner or noconference43.10 administrative decision is requested. If a compensation judge, 43.11 the court of appeals, or the supreme court later rules that the 43.12 discontinuance was proper or that benefits were otherwise not 43.13 owing the employee, payments made under the commissioner's 43.14 administrative decision and order shall be treated as an 43.15 overpayment which the insurer may recover from the employee 43.16 subject to section 176.179. 43.17 If the commissioner has permitted a discontinuance or 43.18 otherwise not ordered commencement of benefits, the service and 43.19 filing of the administrative decision relieves the employer from 43.20 further liability for compensation subject to the right of 43.21 review afforded by this chapter. 43.22 Sec. 18. Minnesota Statutes 1994, section 176.239, 43.23 subdivision 10, is amended to read: 43.24 Subd. 10. [APPLICATION OF SECTION.] This section is 43.25 applicable to all cases in which the employee's request for an 43.26 administrativeconferencedecision is received by the division 43.27 after July 1, 1987, even if the injury occurred prior to July 1, 43.28 1987. This section shall not apply to those employees who have 43.29 been adjudicated permanently totally disabled, or to those 43.30 employees who have been administratively determined pursuant to 43.31 division rules to be permanently totally disabled. 43.32 Sec. 19. Minnesota Statutes 1994, section 176.291, is 43.33 amended to read: 43.34 176.291 [DISPUTES; PETITIONS; PROCEDURE.] 43.35 Where there is a dispute as to a question of law or fact in 43.36 connection with a claim for compensation, a party may serve on 44.1 all other parties and file a notarized petition with the 44.2 commissioner stating the matter in dispute. The petition shall 44.3 be on a form prescribed by the commissioner. 44.4 The petition shall also state and include, where applicable: 44.5 (1) names and residence or business address of parties; 44.6 (2) facts relating to the employment at the time of injury, 44.7 including amount of wages received; 44.8 (3) extent and character of injury; 44.9 (4) notice to or knowledge by employer of injury; 44.10 (5) copies of written medical reports or other information 44.11 in support of the claim; 44.12 (6) names and addresses of all known witnessesintended to44.13 who would be called in support of the claim in the event of a 44.14 formal hearing; 44.15 (7)the desired location of any hearing and estimated time44.16needed to present evidence at the hearing;44.17(8) any requests for a prehearing or settlement conference;44.18(9)a list of all known third parties, including the 44.19 departments of human services and economic security, who may 44.20 have paid any medical bills or other benefits to the employee 44.21 for the injuries or disease alleged in the petition or for the 44.22 time the employee was unable to work due to the injuries or 44.23 disease, together with a listing of the amounts paid by each; 44.24(10)(8) the nature and extent of the claim;and44.25(11)(9) a request for an expeditedhearingsummary 44.26 decision which must include an attached affidavit of significant 44.27 financial hardship which complies with the requirements of 44.28 section 176.341, subdivision 6; and 44.29 (10) sufficient additional supporting documentation 44.30 including the medical, employment, and vocational records and 44.31 other information necessary to establish the compensability of a 44.32 claim or to determine other issues raised by the petition in a 44.33 summary decision. 44.34 Incomplete petitions may be stricken fromthe calendar44.35 consideration for summary decision as provided by section 44.36 176.305, subdivision 4. Within30ten days of a request by a 45.1 party, an employee who has filed a claim petition pursuant to 45.2 section 176.271 or this section shall furnish a list of 45.3 physicians and health care providers from whom the employee has 45.4 received treatment for the same or a similar condition as well 45.5 as authorizations to release relevant information, data, and 45.6 records to the requester. The petition may be stricken fromthe45.7calendarconsideration for summary decision upon motion of a 45.8 party for failure to timely provide the required list of health 45.9 care providers or authorizations. 45.10 Sec. 20. Minnesota Statutes 1994, section 176.305, 45.11 subdivision 1, is amended to read: 45.12 Subdivision 1. [HEARINGSPROCEDURES ON PETITIONS.] The 45.13 petitioner shall serve a copy of the petition and the supporting 45.14 documentation on each adverse party personally or by first class 45.15 mail. The original petition and supporting documentation shall 45.16 then be filed with the commissioner together with an appropriate 45.17 affidavit of service. When any petition has been filed with the 45.18 workers' compensation division, the commissioner shall, within 45.19ten14 days,refer the matter presented by the petition for a45.20settlement conference under this section, for an administrative45.21conference under section 176.106, or for hearing to the45.22officeserve a notice on all parties stating that all responding 45.23 interested parties must serve and file their answers and 45.24 supporting documentation with the commissioner within 20 days of 45.25 service of the petition. 45.26 Sec. 21. Minnesota Statutes 1994, section 176.305, 45.27 subdivision 1a, is amended to read: 45.28 Subd. 1a. [SETTLEMENT AND PRETRIAL CONFERENCES;SUMMARY 45.29DECISIONDECISIONS.] The commissioner shallschedule a45.30settlement conference, if appropriate,issue a summary decision 45.31 determining the issues of law and fact raised in the petition or 45.32 certify the claim petition to the office of administrative 45.33 hearings for hearing and decision within6090 days after 45.34 receiving the petition. All partiesmust appear at the45.35conference, either personally or by representative,appearing by 45.36 petition or answer or other written submission mustbe prepared46.1to discuss settlement of all issues, and must be prepared to46.2discuss or presentinclude the information required by the joint 46.3 rules of the division and the office. If a representative 46.4 appears on behalf of a party, the representative musthave46.5authority to fully settle the matternote the representative's 46.6 appearance. 46.7 Ifsettlement is not reachedthe petition and answers do 46.8 not include sufficient information, thepresiding officer46.9 commissioner may require the parties to present copies of all 46.10 documentary evidence not previously filed and a summary of the 46.11 evidence theywillwould present at a formal hearing by a date 46.12 certain and may extend the period to issue a decision by no more 46.13 than 60 days.If appropriate,A written summary decision shall 46.14 be issuedwithin ten days after the conferencestating the 46.15 issues and a determination of each issue. If a party fails 46.16 toappear at the conferenceanswer or to submit additional 46.17 documentation requested by the commissioner pursuant to this 46.18 subdivision, all issues may be determined contrary to theabsent46.19party'sinterest of the party failing to appear or submit 46.20 additional documentation, provided the party in attendance 46.21 presents a prima facie case. 46.22 The summary decision is final unless a written request for 46.23 a formal hearing is served on all parties and filed with the 46.24 commissioner and a filing fee of $100 is paid within 30 days 46.25 after the date of service and filing of the summary decision. 46.26 Within ten days after receipt of the request for formal hearing, 46.27 the commissioner shall certify the matter to the office for a de 46.28 novo hearing. 46.29 Sec. 22. Minnesota Statutes 1994, section 176.305, 46.30 subdivision 2, is amended to read: 46.31 Subd. 2. [COPY OF PETITION.] The commissioner shall 46.32 deliver the original petition and answer and supporting 46.33 documentation, after certification for a hearing, to the office 46.34 of administrative hearings for assignment to a compensation 46.35 judge. 46.36 Sec. 23. Minnesota Statutes 1994, section 176.305, 47.1 subdivision 4, is amended to read: 47.2 Subd. 4. [STRIKING FROM CALENDAR.]A compensation judge or47.3 The commissioner, after receiving a properly served motion, may 47.4 strike a case fromthe active trial calendarconsideration for 47.5 summary decision after the employee has been given 30 days to 47.6 correct the deficiency if it is shown that the information on 47.7 the petition or included with the petition is incomplete. Once 47.8 a case is stricken, it may not be reinstated until the missing 47.9 information is provided to the adverse parties and filed with 47.10 the commissioneror compensation judge. If a case has been 47.11 stricken fromthe calendar for one year orconsideration for 47.12 summary decision for more than 30 days and no corrective action 47.13 has been taken, the commissioneror a compensation judgemay, 47.14 upon the commissioner'sor judge'sown motion or a motion of a 47.15 party which is properly served on all parties, dismiss the 47.16 case. The petitioner must be given at least 30 days advance 47.17 notice of the proposed dismissal before the dismissal is 47.18 effective. 47.19 Sec. 24. Minnesota Statutes 1994, section 176.321, 47.20 subdivision 2, is amended to read: 47.21 Subd. 2. [CONTENTS.] The answer shall admit, deny, or 47.22 affirmatively defend against the substantial averments of the 47.23 petition, and shall state the contention of the adverse party 47.24 with reference to the matter in dispute. 47.25 Each fact alleged by the petition or answer and not 47.26 specifically denied by the answer or reply is deemed admitted, 47.27 but the failure to deny such a fact does not preclude the 47.28 commissioner or compensation judge from requiring proof of the 47.29 fact. 47.30 The answer shall include the names and addresses of all 47.31 known witnesses; whether or not the employer intends to schedule 47.32 an adverse examination and, if known, the date, time, and place 47.33 of all adverse examinations;the desired location for a hearing;47.34any request for a prehearing or settlement conference; the47.35estimated time needed to present evidence at a47.36hearingsufficient additional supporting documentation including 48.1 the medical, employment, and vocational records and other 48.2 information necessary to establish the compensability of a claim 48.3 or to determine other issues raised by the petition in a summary 48.4 decision; and, if an affidavit of significant financial hardship 48.5 and request for an expedited hearing are included with the 48.6 petition, any objection the employer may have to that request. 48.7 If the date, time, and place of all adverse examinations is 48.8 unknown at the time the answer is filed, the employer must 48.9 notify the commissioner in writing of the date, time, and place 48.10 of all adverse examinations within 50 days of the filing of the 48.11 claim petition. 48.12 Sec. 25. Minnesota Statutes 1994, section 176.321, 48.13 subdivision 3, is amended to read: 48.14 Subd. 3. [EXTENSION OF TIME IN WHICH TO FILE ANSWER.] Upon 48.15 showing of cause, the commissioner may extend the time in which 48.16 to file an answer or reply for not more than 30 additional 48.17 days in which the time for the commissioner to issue a decision 48.18 shall be increased by a period of not more than 30 days. The 48.19 time to file an answer or reply and the time for the 48.20 commissioner to issue a decision may also be extended for not 48.21 more than 30 days upon agreement of the petitioner, and provided 48.22 that the commissioner must be notified in writing by the 48.23 employer no later than five days beyond the time required for 48.24 the filing of the answer of the fact that an agreement has been 48.25 reached, including the length of the extension. Any case 48.26 received by the office that does not include an answer, written 48.27 extension order, or written notification of the extension 48.28 agreement shall be immediately set for a hearing at the first 48.29 available date under section 176.331. 48.30 Sec. 26. Minnesota Statutes 1994, section 176.322, is 48.31 amended to read: 48.32 176.322 [DECISIONS BASED ON STIPULATED FACTS.] 48.33 If the parties agree to a stipulated set of facts and only 48.34 legal issues remain, the commissioner or compensation judgemay48.35 shall determine the matter without a hearing based upon the 48.36 stipulated facts and the determination is appealable to the 49.1 court of appeals pursuant to sections 176.421 and 176.442. In 49.2 any case where a stipulated set of facts has been submitted 49.3 pursuant to this section, upon receipt of the file or the 49.4 stipulated set of facts the chief administrative law judge shall 49.5 immediately assign the case to a compensation judge for a 49.6 determination. The judge shall issue a determination within 60 49.7 days after receipt of the stipulated facts. 49.8 Sec. 27. [TRANSFER OF JURISDICTION AND PERSONNEL.] 49.9 The jurisdiction of the workers' compensation court of 49.10 appeals is transferred to the court of appeals. All contracts, 49.11 books, plans, papers, records, and property of every description 49.12 of the workers' compensation court of appeals relating to its 49.13 transferred responsibilities and within its jurisdiction or 49.14 control are transferred to the court of appeals; except that all 49.15 case files are transferred to the clerk of the appellate 49.16 courts. All classified employees and staff attorneys of the 49.17 workers' compensation court of appeals must be given preference 49.18 in the employment of personnel required to staff the increased 49.19 caseload of the court of appeals as a result of transfer of 49.20 jurisdiction under this section. 49.21 Sec. 28. [INCREASED JUDGES.] 49.22 The number of judges on the court of appeals on July 1, 49.23 1996, shall be increased by three. 49.24 Sec. 29. [REAPPROPRIATION.] 49.25 All funds remaining in the biennial appropriation on July 49.26 1, 1996, are to be reappropriated from the special compensation 49.27 fund, as a result of the savings to that fund in fiscal years 49.28 1996 and 1997 due to the abolition of the workers' compensation 49.29 court of appeals, to the court of appeals for the purposes of 49.30 this article. 49.31 Sec. 30. [REVISOR INSTRUCTION.] 49.32 In every instance in Minnesota Statutes in which the term 49.33 "workers' compensation court of appeals" appears, the revisor of 49.34 statutes shall change that reference to the "court of appeals." 49.35 The revisor of statutes shall, in conjunction with the 49.36 department of labor and industry, determine and implement 50.1 appropriate cross-reference changes to more specific references. 50.2 Sec. 31. [REPEALER.] 50.3 Minnesota Statutes 1994, section 176.191, subdivision 6, is 50.4 repealed. 50.5 Sec. 32. [EFFECTIVE DATE.] 50.6 Sections 3 to 5 and 31 are effective October 1, 1995. 50.7 Sections 6 to 30 are effective July 1, 1996. 50.8 ARTICLE 7 50.9 Section 1. [176.1812] [COLLECTIVE BARGAINING AGREEMENTS.] 50.10 Subdivision 1. [REQUIREMENTS.] Upon appropriate filing, 50.11 the commissioner, compensation judge, workers' compensation 50.12 court of appeals, and courts shall recognize as valid and 50.13 binding a provision in a collective bargaining agreement between 50.14 a qualified employer or qualified groups of employers engaged in 50.15 construction, construction maintenance, and related activities 50.16 and the recognized or certified and exclusive representative of 50.17 its employees to establish certain obligations and procedures 50.18 relating to workers' compensation. For purposes of this 50.19 section, "qualified employer" means a private employer 50.20 developing or projecting an annual workers' compensation 50.21 premium, in Minnesota, of $250,000 or more and a "qualified 50.22 group of employers" means a group of private employers engaged 50.23 in workers' compensation group self-insurance complying with 50.24 section 79A.03, subdivision 6, which develops or projects annual 50.25 workers' compensation insurance premiums of $2,000,000 or more. 50.26 This agreement must be limited to, but need not include, all of 50.27 the following: 50.28 (a) an alternative dispute resolution system to supplement, 50.29 modify, or replace the procedural or dispute resolution 50.30 provisions of this chapter. The system may include mediation, 50.31 arbitration, or other dispute resolution proceedings, the 50.32 results of which may be finally binding upon the parties. A 50.33 system of arbitration may provide that the decision of the 50.34 arbiter is subject to review either by the workers' compensation 50.35 court of appeals in the same manner as an award or order of a 50.36 compensation judge or, in lieu of review by the workers' 51.1 compensation court of appeals, by the district court, by the 51.2 Minnesota court of appeals, or by the supreme court in the same 51.3 manner as the workers' compensation court of appeals; 51.4 (b) an agreed list of providers of medical treatment that 51.5 may be the exclusive source of all medical and related treatment 51.6 provided under this chapter which shall not be subject to the 51.7 requirements in section 176.1351; 51.8 (c) the use of a limited list of impartial physicians to 51.9 conduct independent medical examinations; 51.10 (d) the creation of a light duty, modified job, or return 51.11 to work program; 51.12 (e) the establishment of vocational rehabilitation or 51.13 retraining programs which are not subject to the requirements of 51.14 section 176.102; or 51.15 (f) the adoption of a 24-hour health care coverage plan. 51.16 Subd. 2. [FILING AND REVIEW.] A copy of the agreement and 51.17 the approximate number of employees who will be covered under it 51.18 must be filed with the commissioner. Within 21 days of receipt 51.19 of an agreement, the commissioner shall review the agreement for 51.20 compliance with the benefit provisions of this chapter and 51.21 notify the parties of any additional information required or any 51.22 recommended modification that would bring the agreement into 51.23 compliance. Upon receipt of any requested information or 51.24 modification, the commissioner must notify the parties within 21 51.25 days whether the agreement is in compliance with the benefit 51.26 provisions of this chapter. 51.27 In order for any agreement to remain in effect, it must 51.28 provide for a timely and accurate method of reporting to the 51.29 commissioner necessary information regarding service cost and 51.30 utilization to enable the commissioner to annually report to the 51.31 legislature. The information provided to the commissioner must 51.32 include aggregate data on the: 51.33 (i) person hours covered by agreements filed; 51.34 (ii) number of claims filed; 51.35 (iii) average cost per claim; 51.36 (iv) number of litigated claims, including the number of 52.1 claims submitted to arbitration, the workers' compensation court 52.2 of appeals, the district court, the Minnesota court of appeals 52.3 or the supreme court; 52.4 (v) number of contested claims resolved prior to 52.5 arbitration; 52.6 (vi) projected incurred costs and actual costs of claims; 52.7 (vii) employer's safety history; 52.8 (viii) number of workers participating in vocational 52.9 rehabilitation; and 52.10 (ix) number of workers participating in light-duty programs. 52.11 Subd. 3. [REFUSAL TO RECOGNIZE.] A person aggrieved by the 52.12 commissioner's decision concerning an agreement may request in 52.13 writing, within 30 days of the date the notice is issued, the 52.14 initiation of a contested case proceeding under chapter 14. The 52.15 request to initiate a contested case must be received by the 52.16 department by the 30th day after the commissioner's decision. 52.17 An appeal from the commissioner's final decision and order may 52.18 be taken to the workers' compensation court of appeals pursuant 52.19 to sections 176.421 and 176.442. 52.20 Subd. 4. [VOID AGREEMENTS.] Nothing in this section shall 52.21 allow any agreement that diminishes an employee's entitlement to 52.22 benefits as otherwise set forth in this chapter. Any agreement 52.23 that diminishes an employee's entitlement to benefits as set 52.24 forth in this chapter is null and void. 52.25 Subd. 5. [NOTICE TO INSURANCE CARRIER.] If the employer is 52.26 insured under this chapter, the collective bargaining agreement 52.27 provision shall not be recognized by the commissioner, 52.28 compensation judge, workers' compensation court of appeals, and 52.29 other courts unless the employer has given notice to the 52.30 employer's insurance carrier, in the manner provided in the 52.31 insurance contract, of intent to enter into an agreement with 52.32 its employees as provided in this section. 52.33 Subd. 6. [PILOT PROGRAM.] The commissioner shall establish 52.34 a pilot program ending December 31, 1997, in which up to ten 52.35 private employers not otherwise able to participate in the 52.36 agreements provided for in this section shall be authorized to 53.1 enter into valid agreements with their employees. The 53.2 agreements shall be recognized and enforced as provided by this 53.3 section. Notwithstanding subdivision 1, private employers 53.4 engaged in any type of business activity may participate in the 53.5 pilot program through agreements with the majority of employees 53.6 to be covered by the proposed agreement whether or not the 53.7 employees have a recognized or certified and exclusive 53.8 representative and without regard to the dollar insurance 53.9 premium limitations in subdivision 1. 53.10 Subd. 7. [RULES.] The commissioner may adopt emergency or 53.11 permanent rules necessary to implement this section.