HF 4506

as introduced - 90th Legislature (2017 - 2018) Posted on 05/16/2018 10:03am

A bill for an act
relating to workers' compensation; modifying wage calculations for agriculture
employees; amending Minnesota Statutes 2016, section 176.011, subdivision 18.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 176.011, subdivision 18, is amended to read:

Subd. 18.

Weekly wage.

"Weekly wage" is arrived at by multiplying the daily wage by
the number of days and fractional days normally worked in the business of the employer
for the employment involved. If the employee normally works less than five days per week
or works an irregular number of days per week, the number of days normally worked shall
be computed by dividing the total number of days in which the employee actually performed
any of the duties of employment in the last 26 weeks by the number of weeks in which the
employee actually performed such duties, provided that the weekly wage for part time
employment during a period of seasonal or temporary layoff shall be computed on the
number of days and fractional days normally worked in the business of the employer for
the employment involved. If, at the time of the injury, the employee was regularly employed
by two or more employers, the employee's days of work for all such employments shall be
included in the computation of weekly wage. Occasional overtime is not to be considered
in computing the weekly wage, but if overtime is regular or frequent throughout the year it
shall be taken into consideration. The maximum weekly compensation payable to an
employee, or to the employee's dependents in the event of death, shall not exceed 66-2/3
percent of the product of the daily wage times the number of days normally worked, provided
that the compensation payable for permanent partial disability under section 176.101,
subdivision 2a, and for permanent total disability under section 176.101, subdivision 4, or
death under section 176.111, shall not be computed on less than the number of hours normally
worked in the employment or industry in which the injury was sustained, subject also to
such maximums as are specifically otherwise provided. new text begin A worker working in agriculture
employment fewer than 30 calendar days in a year who has concurrent employment or is
regularly employed by two or more employers shall have the worker's weekly wage calculated
based only on the agricultural wages at five times the worker's daily wage, or based only
on the worker's other concurrent employment, whichever is higher.
new text end