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SF 1423

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:20am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to workers' compensation; clarifying the Department of Labor and
Industry's duty to assist employees and employers to deal with the workers'
compensation system; amending Minnesota Statutes 2008, section 176.261.

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

Section 1.

Minnesota Statutes 2008, section 176.261, is amended to read:


176.261 deleted text begin EMPLOYEE OFdeleted text end COMMISSIONER deleted text begin OF DEPARTMENT OF LABOR
AND INDUSTRY MAY ACT FOR AND ADVISE A PARTY TO A PROCEEDING
deleted text end new text begin
TO ASSIST EMPLOYERS AND EMPLOYEES
new text end .

new text begin Subdivision 1. new text end

new text begin Commissioner's duties. new text end

When requested by an employer or
an employee or an employee's dependent, new text begin or on the commissioner's initiative, new text end the
commissioner of the Department of Labor and Industry deleted text begin may designate one or more of
the division employees to advise that party of
deleted text end new text begin shall provide technical and other advice
concerning
new text end rights new text begin and obligations new text end under this chapterdeleted text begin , and as far as possible todeleted text end new text begin . The
commissioner shall
new text end assist in deleted text begin adjusting differences between the partiesdeleted text end new text begin settling disputes
over those rights and obligations
new text end . The deleted text begin person so designateddeleted text end new text begin commissionernew text end may appear in
person in any proceedings under this chapter as the representative or adviser of deleted text begin thedeleted text end new text begin anew text end party.
deleted text begin In such case, the party need not be represented by an attorney at law.
deleted text end

new text begin Subd. 2. new text end

new text begin Office of Workers' Compensation Assistance. new text end

new text begin The commissioner shall
establish a workers' compensation assistance office within the department that shall
perform the commissioner's duties under this section. The commissioner shall assign
sufficient personnel to the office to promptly perform those duties.
new text end

new text begin Subd. 3. new text end

new text begin Referral prohibited. new text end

deleted text begin Prior to advisingdeleted text end new text begin The commissioner may not require
new text end an employee or employer to seek assistance outside of the departmentdeleted text begin , the department
must refer employers and employees seeking advice or requesting assistance in resolving
a dispute to an attorney or other technical, paraprofessional, or professional Workers'
Compensation Division employee, whichever is appropriate
deleted text end .

new text begin Subd. 4. new text end

new text begin Settlement activities. new text end

The deleted text begin departmentdeleted text end new text begin commissionernew text end must make efforts
to settle problems of employees and employers by contacting third parties, including
attorneys, insurers, and health care providers, on behalf of employers and employees
and using the department's persuasion to settle issues quickly and cooperatively. The
obligation to make efforts to settle problems exists whether or not a formal claim has
been filed with the department.