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HF 2311

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/18/2019 05:47pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/11/2019
1st Engrossment Posted on 05/14/2019
Division Engrossments
1st Division Engrossment Posted on 05/07/2019

Current Version - 1st Engrossment

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A bill for an act
relating to workers' compensation; adopting recommendations from the Workers'
Compensation Advisory Council; authorizing the implementation of the workers'
compensation Claims Access and Management Platform User System (CAMPUS);
amending Minnesota Statutes 2018, sections 176.011, by adding subdivisions;
176.1812, subdivision 2; 176.231; 176.253; 176.2611, subdivisions 2, 5, 6; 176.275;
176.281; 176.285; 176.312; proposing coding for new law in Minnesota Statutes,
chapter 176.

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

Section 1.

Minnesota Statutes 2018, section 176.011, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Agency. new text end

new text begin "Agency" means, unless the context indicates otherwise, the
commissioner of the Department of Labor and Industry, the Department of Labor and
Industry, the Department's workers' compensation division, the Office of Administrative
Hearings, the chief administrative law judge, and the Workers' Compensation Court of
Appeals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 2.

Minnesota Statutes 2018, section 176.011, is amended by adding a subdivision to
read:


new text begin Subd. 1d. new text end

new text begin CAMPUS. new text end

new text begin "CAMPUS" means the workers' compensation Claims Access and
Management Platform User System, developed pursuant to the appropriations in Laws 2015,
First Special Session chapter 1, article 1, section 5, as amended by Laws 2017, chapter 94,
article 2, section 17, and Laws 2017, chapter 94, article 1, section 4, and referenced as the
workers' compensation modernization program in section 176.2611 and as described in
section 176.2612.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 3.

Minnesota Statutes 2018, section 176.011, is amended by adding a subdivision to
read:


new text begin Subd. 8d. new text end

new text begin Division file. new text end

new text begin "Division file" means the official file created and maintained
by the department within CAMPUS to retain imaged or electronic documents and data
related to an employee's workers' compensation claim or injury under chapter 176, including
documents transmitted to the commissioner under sections 176.281 and 176.2611. The
division file does not include:
new text end

new text begin (1) paper, images, or electronic data created, used, or maintained for internal operational
purposes by an agency, the special compensation fund, or the vocational rehabilitation unit;
new text end

new text begin (2) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review and any additional documents submitted to or sent by
the mediator in furtherance of mediation efforts; and
new text end

new text begin (3) work product of a compensation judge, mediator, or commissioner that is not issued
or sent to a party to a claim. Examples of work product include personal notes of hearings
or conferences and draft decisions or orders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 4.

Minnesota Statutes 2018, section 176.011, is amended by adding a subdivision to
read:


new text begin Subd. 8e. new text end

new text begin Document. new text end

new text begin "Document" includes a form, record, report, notice, order, and
paper. Document also includes information and data, regardless of format, that are required
or authorized by this chapter to be filed with or served on or by an agency. Document
excludes physical objects such as clothing, flash drives, compact discs, or physical objects
used as demonstrative evidence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 5.

Minnesota Statutes 2018, section 176.1812, subdivision 2, is amended to read:


Subd. 2.

Filing and review.

new text begin(a) new text endA copy of the agreement and the approximate number
of employees who will be covered under it must be filed with the commissioner. Within 21
days of receipt of an agreement, the commissioner shall review the agreement for compliance
with this section and the benefit provisions of this chapter and notify the parties of any
additional information required or any recommended modification that would bring the
agreement into compliance. Upon receipt of any requested information or modification, the
commissioner must notify the parties within 21 days whether the agreement is in compliance
with this section and the benefit provisions of this chapter.

new text begin (b) After an agreement is approved by the commissioner under paragraph (a), a qualified
employer may join or withdraw from a qualified group of employers without commissioner
review or approval. The commissioner must be notified within 30 days when a qualified
employer joins or withdraws from a qualified group of employers.
new text end

new text begin (c) new text endIn order for any agreement to remain in effect, it must provide for a timely and
accurate method of reporting to the commissioner deleted text beginnecessary information regarding service
cost and utilization
deleted text endnew text begin the individual claims covered by the agreement and claim-specific
dispute resolution data, in the form and manner prescribed by the commissioner. Dispute
resolution data includes information about facilitation, mediation, and arbitration and shall
be provided annually to the commissioner
new text end to enable the commissioner to deleted text beginannuallydeleted text end report
new text begin aggregate dispute data new text endto the legislature. deleted text beginThe information provided to the commissioner
must include aggregate data on the:
deleted text end

deleted text begin (i) person hours and payroll covered by agreements filed;
deleted text end

deleted text begin (ii) number of claims filed;
deleted text end

deleted text begin (iii) average cost per claim;
deleted text end

deleted text begin (iv) number of litigated claims, including the number of claims submitted to arbitration,
the Workers' Compensation Court of Appeals, the Office of Administrative Hearings, the
district court, the Minnesota Court of Appeals or the supreme court;
deleted text end

deleted text begin (v) number of contested claims resolved prior to arbitration;
deleted text end

deleted text begin (vi) projected incurred costs and actual costs of claims;
deleted text end

deleted text begin (vii) employer's safety history;
deleted text end

deleted text begin (viii) number of workers participating in vocational rehabilitation; and
deleted text end

deleted text begin (ix) number of workers participating in light-duty programs.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a) and (b) are effective June 1, 2019. Paragraph (c)
is effective August 31, 2020.
new text end

Sec. 6.

Minnesota Statutes 2018, section 176.231, is amended to read:


176.231 REPORT OF DEATH OR INJURY TO COMMISSIONER OF
DEPARTMENT OF LABOR AND INDUSTRY.

Subdivision 1.

Time limitation.

new text begin(a) new text endWhere death or serious injury occurs to an employee
during the course of employment, the employer shall report the injury or death to the
commissioner and insurer within 48 hours after its occurrence. Where any other injury
occurs which wholly or partly incapacitates the employee from performing labor or service
for more than three calendar days, the employer shall report the injury to the insurer on a
form prescribed by the commissioner within ten days from its occurrence.

new text begin (b)new text end An insurer and self-insured employer shall report the injury to the commissioner no
later than 14 days from its occurrence.new text begin If an injury has not previously been required to be
reported, the insurer or self-insured employer must report the injury to the commissioner,
in the manner and format prescribed by the commissioner, no later than 14 days after the
date that:
new text end

new text begin (1) any document initiating a dispute is filed under this chapter;
new text end

new text begin (2) a rehabilitation consultation report or a rehabilitation plan is filed under this chapter;
or
new text end

new text begin (3) permanent partial disability is ascertainable under section 176.101, subdivision 3.
new text end

new text begin (c)new text end Where an injury has once been reported but subsequently death ensues, the employer
shall report the death to the commissioner and insurer within 48 hours after the employer
receives notice of this fact.

new text begin (d)new text end An employer who provides notice to the Occupational Safety and Health Division
of the Department of Labor and Industry of a fatality within the eight-hour time frame
required by law, or of an inpatient hospitalizationnew text begin, amputation, or loss of an eye,new text end within the
24-hour time frame required by law, has satisfied the employer's obligation under deleted text beginthis sectiondeleted text endnew text begin
paragraph (a)
new text end.

new text begin (e) At the time an injury is required to be reported under paragraph (b), the insurer or
self-insured employer must also specify whether the injury is covered by a collective
bargaining agreement approved by the commissioner under section 176.1812. Notice must
be provided in the format and manner prescribed by the commissioner.
new text end

Subd. 2.

Initial report, written report.

new text begin(a) new text endWhere subdivision 1 requires an injury to
be reported within 48 hours, the employer may make an initial report new text beginto the commissioner
new text end by telephone or personal notice, and deleted text beginfile a writtendeleted text endnew text begin mustnew text end report deleted text beginofdeleted text end the injurynew text begin to the insurernew text end
within seven days from its occurrence deleted text beginor within such time as the commissioner of labor and
industry designates
deleted text end.new text begin After receiving this notice, the insurer or self-insured employer must
report the injury to the commissioner as provided in subdivision 1.
new text end All deleted text beginwrittendeleted text end reports of
deleted text begin injuriesdeleted text endnew text begin injurynew text end required by subdivision 1new text begin or this subdivisionnew text end shall include the date of injury.
The reports shall be deleted text beginon a form designeddeleted text endnew text begin made in the manner and format designatednew text end by the
commissioner, with deleted text begina clear copy suitable for imaging to the commissioner,deleted text end one copy to the
insurer, and one copy to the employee. The employer must give the employee the "Minnesota
Workers' Compensation System Employee Information Sheet" at the time the employee is
given a copy of the first report of injury.new text begin Within two business days after a report of injury
filed by a self-insured employer or insurer is accepted by the commissioner, the self-insured
employer or insurer must serve the report on the employee in the manner and format
prescribed by the commissioner.
new text end

new text begin (b) new text endIf an insurer or deleted text beginself-insurerdeleted text endnew text begin self-insured employernew text end repeatedly fails to pay benefits
within three days of the due date, pursuant to section 176.221, the insurer or deleted text beginself-insurerdeleted text endnew text begin
self-insured employer
new text end shall be ordered by the commissioner to explain, in person, the failure
to pay benefits due in a reasonable time. If prompt payments are not thereafter made, the
commissioner shall refer the insurer or deleted text beginself-insurerdeleted text endnew text begin self-insured employernew text end to the commissioner
of commerce for action pursuant to section 176.225, subdivision 4.

Subd. 3.

Physicians, chiropractors, or other health care providers to report
injuries.

A physician, chiropractor, or other health care provider who has examined, treated,
or has special knowledge of an injury to an employee which may be compensable under
this chapter, shall report to the commissioner all facts relating to the nature and extent of
the injury and disability, and the treatment provided for the injury or disability, within ten
days after the health care provider has received a written request for the information from
the commissioner or an authorized representative of the commissioner.

Subd. 4.

Supplementary reports.

The commissioner or an authorized representative
may require the filing of supplementary reports of accidents as is deemed necessary to
provide information required by law.

Supplementary reports new text beginor other documents new text endrelated to the current nature and extent of
the employee's injury, disability, or treatment may be requested from a physician, surgeon,
chiropractor, or other health care provider by the commissioner or a representative, an
employer or insurer, or the employee.

Subd. 5.

deleted text beginForms for reportsdeleted text endnew text begin Electronic reports filed under this sectionnew text end.

new text begin(a) new text endThe
commissioner shall prescribe deleted text beginformsdeleted text endnew text begin the manner and formatnew text end for deleted text beginuse in makingdeleted text endnew text begin providingnew text end the
reports new text beginand other documents new text endrequired by this section. deleted text beginForms for reports required by this
section shall be as prescribed by the commissioner and shall be the only forms used by an
employer, insurer, self-insurer, group self-insurer, and all health care providers.
deleted text end

new text begin (b) A report or other document that is required to be filed with the commissioner under
this section must be filed electronically in the manner and format required by the
commissioner. Except as provided in paragraph (d), the commissioner must give at least 60
days' notice to self-insured employers and insurers, and publish notice in the State Register,
of the effective date of required electronic filing of the report or other document.
new text end

new text begin (c) Where specified by the commissioner under paragraph (d), a self-insured employer
or insurer must file a report or other document with the commissioner electronically according
to the version of the Claims Release Standard published by the International Association
of Industrial Accident Boards and Commissions (IAIABC) adopted by the commissioner.
The commissioner must publish on the department's website a Minnesota implementation
guide that prescribes reporting requirements consistent with this chapter.
new text end

new text begin (d) The commissioner must give notice to self-insured employers and insurers, and
publish notice in the State Register, of intent to adopt a version of the Claims Release
Standard for a report or other document required to be filed with the commissioner. The
notice must include a link to the Minnesota implementation guide. Interested parties must
have at least 90 days to submit comments to the commissioner. After considering the
comments, the commissioner must publish notice of the adopted version of the Claims
Release Standard and Minnesota implementation guide in the State Register at least 90 days
before the effective date of the Standard and Guide. The commissioner must also give at
least 30 days' notice to self-insured employers and insurers, and publish notice in the State
Register, of any updates to the Minnesota implementation guide. The requirements in the
adopted versions of the Claims Release Standard and the Minnesota implementation guide
supersede any conflicting rule. The adopted versions of the Claims Release Standards and
Minnesota implementation guides adopted by the commissioner under this section are not
rules under chapter 14, but have the force and effect of law as of the effective date specified
in the notice published in the State Register. The commissioner may publish the initial
notices in this subdivision before August 31, 2020, to ensure the adopted versions of the
Standard and Guide are effective on that date.
new text end

Subd. 6.

Commissioner of the Department of Labor and Industry; duty to keep
informed.

The commissioner of the Department of Labor and Industry shall keep fully
informed of the nature and extent of all injuries compensable under this chapter, their
resultant disabilities, and of the rights of employees to compensation. The insurer or
self-insured employer must keep the department advised of all payments of compensation,
the amounts of payments made, and the date of the first payment. Where a physician or
surgeon has examined, treated, or has special knowledge relating to an injury which may
be compensable under this chapter, the commissioner of the Department of Labor and
Industry or any member or employee thereof shall request in writing a report from such
person of the attendant facts.

Subd. 7.

Medical reports.

If requested by the division, a compensation judge, the
Workers' Compensation Court of Appeals, or any member or employee thereof an employer,
insurer, or employee shall file with the commissioner a deleted text beginverifieddeleted text end copy suitable for imaging
of any medical reportnew text begin or other documentnew text end in possession which bears upon the case and shall
also file a deleted text beginverifieddeleted text end copy of the same reportnew text begin or documentnew text end with the agency or individual who
made the request.

Subd. 8.

No public inspection of reports.

Subject to subdivision 9, a reportnew text begin or other
document,
new text end or its copynew text begin,new text end which has been filed with the commissioner of the Department of
Labor and Industry under this section is not available to public inspection. Any person who
has access to such a report shall not disclose its contents to anyone in any manner.

A person who unauthorizedly discloses a report or its contents to another is guilty of a
misdemeanor.

Subd. 9.

Uses that may be made of reportsnew text begin; access to division filenew text end.

(a) Reports deleted text beginfiled
with the commissioner under this section
deleted text endnew text begin and other documents in the division file are private
data on individuals and nonpublic data as those terms are defined in section 13.02, except
that the reports and documents in the division file
new text end may be used in hearings held under this
chapter, and for the purpose of state investigations and for statistics. deleted text beginThesedeleted text endnew text begin Thenew text end reportsnew text begin and
documents in the division file
new text end are new text beginalso new text endavailable new text beginwithout authorization new text endtonew text begin:
new text end

new text begin (1)new text end the Department of Revenue for use in enforcing Minnesota income tax and property
tax refund laws, and the information shall be protected as provided in chapter 270Bdeleted text begin.deleted text endnew text begin;
new text end

new text begin (2) an agency, as needed to perform its responsibilities under this chapter;
new text end

new text begin (3) the Workers' Compensation Reinsurance Association for use by the association in
carrying out its responsibilities under chapter 79;
new text end

new text begin (4) the special compensation fund for the purpose of auditing assessments under section
176.129; and
new text end

new text begin (5) the persons and entities allowed access under subdivisions 9a, 9b, and 9c.
new text end

deleted text begin (b) The division or Office of Administrative Hearings or Workers' Compensation Court
of Appeals may permit the examination of its file by the employer, insurer, employee, or
dependent of a deceased employee or any person who furnishes signed authorization to do
so from the employer, insurer, employee, or dependent of a deceased employee. Reports
filed under this section and other information the commissioner has regarding injuries or
deaths shall be made available to the Workers' Compensation Reinsurance Association for
use by the association in carrying out its responsibilities under chapter 79.
deleted text end

new text begin (b) A person with an authorization signed by the employer, insurer, employee, or
dependent of a deceased employee has access to reports and other documents in the division
file as provided in the authorization. An authorization must:
new text end

new text begin (1) be in writing;
new text end

new text begin (2) include the printed name and dated signature of the employee or dependent of an
employee, employer, or insurer representative who is authorizing the documents to be
released;
new text end

new text begin (3) specify the employer, date of injury, and worker identification or Social Security
number;
new text end

new text begin (4) include the name of the individual or entity that is authorized to receive the documents.
If the authorization is signed by the employer or insurer, the authorization must specify that
the access is granted to a person acting on the employer or insurer's behalf in performing
responsibilities under chapter 176;
new text end

new text begin (5) specify the time period within which the authorization is valid, which may not exceed
one year from the date the authorization was signed, except that access to the division file
may exceed one year if provided in subdivision 9a, paragraph (b); and
new text end

new text begin (6) include a statement that the person signing the authorization may revoke the
authorization by filing written notice with the department at any time, which shall be effective
upon receipt by the department.
new text end

new text begin Subd. 9a. new text end

new text begin Access to division file without an authorization. new text end

new text begin (a) Access to the division
file established for a specific claimed date or dates of injury under this chapter is allowed
without an authorization from the employee, employer, insurer, or dependent, as described
in clauses (1) to (6):
new text end

new text begin (1) an employee, an employee's guardian under section 176.092, and a deceased
employee's legal heir or dependent as defined in section 176.011, have access to the division
file established for the employee's claimed date or dates of injury;
new text end

new text begin (2) an employer and insurer have access to the division file for a workers' compensation
claim to which the employer and insurer are parties;
new text end

new text begin (3) the Department of Administration under section 13.43, subdivision 18, the assigned
risk plan under chapter 79, the special compensation fund established under section 176.129,
the self-insurers security fund under chapter 79A, and the Minnesota insurance guarantee
association under chapter 60C have access to all of the documents in the division file for a
claim to which they are a party or are otherwise providing, paying, or reimbursing workers'
compensation benefits under this chapter;
new text end

new text begin (4) a person who has filed a motion to intervene in a pending dispute at an agency has
access to the documents in the division file that are filed in connection with the dispute in
which the person has filed a motion to intervene;
new text end

new text begin (5) a registered rehabilitation provider assigned to provide rehabilitation services to an
employee has access to the documents in the division file that are filed in connection with
the employee's vocational rehabilitation or a dispute about vocational rehabilitation under
section 176.102; and
new text end

new text begin (6) a third-party administrator licensed under section 60A.23, subdivision 8, has access
to the division file for a claim it has contracted to administer on behalf of any of the entities
listed in this subdivision.
new text end

new text begin (b) An attorney who has filed with the commissioner: a written authorization signed by
a person listed in paragraph (a), clause (1) or (2); or a retainer agreement, a notice of
appearance or representation, or a pleading or a response to a pleading, on behalf of a person
or entity listed in paragraph (a); has the same access to documents in the division file that
the authorizing person has, unless access is limited by the authorization, retainer agreement,
or notice of appearance or representation. If the attorney's access is not limited by one of
the documents in this paragraph, the attorney's access continues until one of the following
occurs, whichever is later:
new text end

new text begin (1) one year after an authorization is filed;
new text end

new text begin (2) five years after the date a retainer agreement or notice of appearance or representation
was filed where no dispute has been initiated;
new text end

new text begin (3) five years after the date the attorney filed a document initiating or responding to a
workers' compensation dispute under this chapter;
new text end

new text begin (4) five years after the date an award on stipulation was served and filed if the award
was related to a dispute in which the attorney represented a party in paragraph (a); or
new text end

new text begin (5) five years after the date a final order or final penalty assessment was issued as defined
in subdivision 9c, paragraph (a), clause (3), if the final order or penalty assessment was
related to a dispute in which the attorney represented a party in paragraph (a).
new text end

new text begin Notwithstanding the time frames in clauses (1) to (5), an attorney no longer has access to
the division file as of the date the attorney files a notice of withdrawal from the case, or the
date the department receives written notice that the authorization is withdrawn or that the
attorney no longer represents the person. However, if a dispute over an attorney's fees is
pending at the office, the attorney has continued access to the division file until a final order
or award on stipulation resolving the attorney fee dispute is received by the commissioner.
new text end

(c) The division may provide the worker identification number assigned under section
176.275, subdivision 1, without a signed authorization required under paragraph (b) to an:

(1) attorney who represents one of the persons described in paragraph (b);

(2) attorney who represents an intervenor or potential intervenor under section 176.361;

(3) intervenor; or

(4) employee's assigned qualified rehabilitation consultant under section 176.102.

new text begin (d) If the department receives information that indicates that identifying or contact
information for an employee, dependent, employer, insurer, or third-party administrator for
an employer or insurer is erroneous or no longer accurate, the department may update the
information in all relevant workers' compensation files to reflect:
new text end

new text begin (1) the current and accurate name, address, Social Security number or worker
identification number, and contact information for an employee, unless the employee notifies
the commissioner in writing that the information in a workers' compensation file for a
specific date of injury may not be updated; and
new text end

new text begin (2) the current and accurate name, address, and contact information for an employer,
insurer, or third-party administrator for an employer or insurer.
new text end

new text begin Subd. 9b. new text end

new text begin Interagency access to documents and data related to workers'
compensation disputes.
new text end

new text begin An agency shall, without the need for an authorization, have full,
read-only, real-time, electronic access to view all documents, document contents, dispositions,
outcomes, and other data related to a workers' compensation dispute at one of the other
agencies, except for the following:
new text end

new text begin (1) paper, images, or electronic data created, used or maintained for internal operational
purposes by an agency, the special compensation fund, or the vocational rehabilitation unit;
new text end

new text begin (2) a confidential mediation statement, including any documents submitted with the
statement for the mediator's review and any additional documents submitted to or sent by
the mediator in furtherance of mediation efforts; and
new text end

new text begin (3) the work product of a compensation judge, Workers' Compensation Court of Appeals
judge, a mediator at the office or department, or the commissioner that is not issued or sent
to a party to a claim. Examples of work product include personal notes of hearings or
conferences and draft decisions or orders.
new text end

new text begin This subdivision is not intended to allow interagency access to non-dispute related paper,
images, or electronic data created, used or maintained solely for an agency's internal
operational purposes.
new text end

new text begin Each agency's responsible authority as defined in section 13.02 is responsible for its
own employees' use and dissemination of the data and documents in CAMPUS and the
office's case management system as required by section 13.05, subdivision 5.
new text end

new text begin Subd. 9c. new text end

new text begin Investigative and enforcement data. new text end

new text begin (a) For purposes of this subdivision,
the terms in this paragraph have the meanings given.
new text end

new text begin (1) "Enforcement action" means a proceeding initiated by the department, commissioner,
medical services review board under section 176.103, or rehabilitation review panel under
section 176.102, that may result in a penalty, fine, or sanction for violation of workers'
compensation laws or that may result in an order for compliance with workers' compensation
laws.
new text end

new text begin (2) "Investigation" includes an investigation, inspection, audit, file review, inquiry, or
examination performed by the department or commissioner to administer, enforce, and
monitor compliance with workers' compensation laws within the department's jurisdiction.
new text end

new text begin (3) "Final order" or "final penalty assessment," means that:
new text end

new text begin (i) no objection, appeal, or request for hearing has been filed in the manner and within
the time required by law;
new text end

new text begin (ii) an objection, appeal, or request for hearing has been withdrawn;
new text end

new text begin (iii) a settlement agreement or stipulation resolving all or part of the matter has been
signed by all parties and, if required by law, has been approved by a judge; or
new text end

new text begin (iv) all appeals have been exhausted or waived.
new text end

new text begin (b) A claim-specific final order or final penalty assessment issued by the department or
commissioner pursuant to a workers' compensation investigation or enforcement proceeding
shall be placed in the division file for that employee's claim. Access to the final enforcement
order or penalty assessment in the division file shall be as provided in subdivision 9a. Before
the enforcement order or penalty assessment is final, only the employee, dependent of a
deceased employee, employer, or insurer who are parties to the claim, and any respective
attorney representing the party, shall have access to it.
new text end

new text begin (c) Enforcement orders and penalty assessments issued by the department, commissioner,
medical services review board, or rehabilitation review panel pursuant to workers'
compensation investigations or enforcement proceedings that are not claim-specific shall
not be placed in the division file. The data practices classification of these orders and
penalties is as provided in sections 13.39 and 13.41, except that the names, Social Security
numbers, and worker identification numbers of employees with workers' compensation
claims and their dependents, and the identity of persons filing a complaint with the
department about the subject of the investigation or enforcement action, are private or
nonpublic data as those terms are defined in section 13.02 when maintained by a government
entity.
new text end

Subd. 10.

Failure to file required report, penalty.

If an employer, qualified
rehabilitation consultant or rehabilitation vendor, insurer, physician, chiropractor, or other
health provider fails to file with the commissioner any reportnew text begin or other documentnew text end required
by this chapter in the manner and within the time limitations prescribed, or otherwise fails
to provide a reportnew text begin or other documentnew text end required by this chapter in the manner provided by
this chapter, the commissioner may impose a penalty of up to $500 for each failure.

The imposition of a penalty may be appealed to a compensation judge within 30 days
of notice of the penalty.

Penalties collected by the state under this subdivision shall be payable to the
commissioner for deposit into the assigned risk safety account.

Subd. 11.

Failure to file required report; substitute filing.

Where this section requires
the employer to file a report of injury with the commissioner, and the employer is unable
or refuses to file the report, the insurer shall file the report within ten days of a request from
the division. The report shall be filed in the manner prescribed by this section. If both the
employer and the insurer fail to file the report within 30 days of notice of the injury, the
commissioner shall file the report.

The filing of a report of injury by the commissioner does not subject an employee or
the dependents of an employee to the three-year time limitations under section 176.151,
paragraphs (a) and (b).

A substitute filing under this subdivision shall not be a defense to a penalty assessed
under subdivision 10.

Subd. 12.

Reports; electronic monitoring.

Beginning July 1, 1995, the commissioner
shall monitor electronically all reports of injury, all payments for reported injuries, and
compliance with all reporting and payment timelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 7.

Minnesota Statutes 2018, section 176.253, is amended to read:


176.253 INSURER, EMPLOYERnew text begin, AND THIRD-PARTY ADMINISTRATORnew text end;
PERFORMANCE OF ACTS.

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The terms used in this section have the meanings given
to them in this subdivision.
new text end

new text begin (b) "Department" has the meaning in section 176.011, subdivision 8b.
new text end

new text begin (c) "Employer" means an employer as defined in section 176.011, subdivision 10, against
whom a workers' compensation claim has been asserted or who is liable for a workers'
compensation injury under this chapter. Employer includes:
new text end

new text begin (1) an employer authorized to self-insure by the Department of Commerce under chapter
79A; and
new text end

new text begin (2) the state or a political subdivision that is not required to be authorized to self-insure
by the commissioner of commerce in order to pay its workers' compensation claims.
new text end

new text begin (d) "Insurer" means a workers' compensation insurer licensed by the Department of
Commerce under section 60A.
new text end

new text begin (e) "Third-party administrator" means an administrator that is licensed by the Department
of Commerce to administer a workers' compensation self-insurance or insurance plan under
section 60A.23, subdivision 8, with a contract to act on behalf of an employer or insurer.
new text end

new text begin Subd. 2. new text end

new text begin General. new text end

Where this chapter requires an employer to perform an act, the insurer
of the employer may perform that act. Where the insurer acts in behalf of the employer, the
employer is responsible for the authorized acts of the insurer and for any delay, failure, or
refusal of the insurer to perform the act. This section does not relieve the employer from
any penalty or forfeiture which this chapter imposes on the employer.

new text begin Subd. 3. new text end

new text begin Authority of a third-party administrator. new text end

new text begin A third-party administrator that
has an active account in CAMPUS under section 176.2612 may act on behalf of the employer
or insurer as provided in the contract between the administrator and the employer or insurer.
If the department or commissioner issues an order or assesses a penalty against an employer
or insurer, the order or penalty must be served on any administrator acting on behalf of the
employer or insurer. A third-party administrator has the authority to act on behalf of the
employer or insurer in responding to a commissioner or department inquiry, order or penalty
assessment, or paying a penalty, until the insurer or administrator notifies the department
in writing that the administrator does not have authority.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 8.

Minnesota Statutes 2018, section 176.2611, subdivision 2, is amended to read:


Subd. 2.

Applicability.

new text beginSubject to further amendments pursuant to section 176.2612,
subdivision 2,
new text endthis section deleted text begingoverns filing requirements pending completion of the workers'
compensation modernization program
deleted text end new text beginspecifies whether documents must be filed with the
office or the commissioner,
new text endand new text begingoverns new text endaccess to new text begindispute-related new text enddocuments and data deleted text beginin
the office's case management system, the workers' compensation Informix imaging system,
and the system that will be developed as a result of the workers' compensation modernization
program
deleted text endnew text begin at the office or departmentnew text end. This section prevails over any conflicting provision in
this chapter, Laws 1998, chapter 366, or corresponding rules.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 9.

Minnesota Statutes 2018, section 176.2611, subdivision 5, is amended to read:


Subd. 5.

Form revision and access to documents and data.

(a) The commissioner
must revise dispute resolution forms, in consultation with the chief administrative law judge,
to reflect the filing requirements in this section.

(b) For purposes of this subdivision, "complete, read-only electronic access" means the
ability to view all data and document contents, including scheduling information, related
to workers' compensation disputes, except for the following:

(1) a confidential mediation statement, including any documents submitted with the
statement for the mediator's reviewnew text begin and any additional documents submitted to or sent by
the mediator in furtherance of mediation efforts
new text end;

(2) work product of a compensation judge, mediator, or commissioner that is not issued.
Examples of work product include personal notes of hearings or conferences and draft
decisions;

(3) the department's Vocational Rehabilitation Unit's case management system data;

(4) the special compensation fund's case management system data; and

(5) audit trail information.

deleted text begin (c) The office must be provided with continued, complete, read-only electronic access
to the workers' compensation Informix imaging system.
deleted text end

deleted text begin (d) The department must be provided with read-only electronic access to the office's
case management system, including the ability to view all data, including scheduling
information, but excluding access into filed documents.
deleted text end

deleted text begin (e)deleted text endnew text begin (c) Until August 31, 2020,new text end the office must send the department all documents that
are accepted for filing or issued by the office. The office must send the documents to the
department, electronically or by courier, within two business days of when the documents
are accepted for filing or issued by the office.new text begin Beginning August 31, 2020, all dispute-related
documents accepted for filing or issued by the office, and all dispute-related documents
filed with the department that are referred to the office under section 176.106, must be
immediately transmitted between the office's case management system and CAMPUS using
application programming interfaces.
new text end

deleted text begin (f)deleted text endnew text begin (d)new text end The department must place documents that the office sends to the department in
the appropriate imaged file for the employee.new text begin This paragraph expires August 31, 2020.
new text end

deleted text begin (g) The department must send the office copies of the following documents, electronically
or by courier, within two business days of when the documents are filed with or issued by
the department:
deleted text end

deleted text begin (1) notices of discontinuance;
deleted text end

deleted text begin (2) decisions issued by the department; and
deleted text end

deleted text begin (3) mediated agreements.
deleted text end

deleted text begin (h) Upon integration of the office's case management system and the department's system
resulting from the workers' compensation modernization program,
deleted text endnew text begin (e)new text end Each agency deleted text beginwilldeleted text endnew text begin
must
new text end be provided with complete, read-only electronic accessnew text begin, as defined in paragraph (b),new text end
to the other agency'snew text begin case managementnew text end system.

deleted text begin (i)deleted text endnew text begin (f)new text end Each agency's responsible authority pursuant to section 13.02, subdivision 16, is
responsible for its own employees' use and dissemination of the data and documents in the
workers' compensation Informix imaging system, the office's case management system, and
the system developed as a result of the workers' compensation modernization program.new text begin This
paragraph expires August 31, 2020.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2018, section 176.2611, subdivision 6, is amended to read:


Subd. 6.

Data privacy.

(a) All documents filed with or issued by deleted text beginthe department ordeleted text end the
office under this chapter are private data on individuals and nonpublic data pursuant to
chapter 13, except that the documents are available to the following:

(1) the office;

(2) the department;

(3) the employer;

(4) the insurer;

(5) the employee;

(6) the dependent of a deceased employee;

(7) an intervenor in the dispute;

(8) the attorney to a party in the dispute;

(9) a person who furnishes written authorization from the employer, insurer, employee,
or dependent of a deceased employee; and

(10) a person, agency, or other entity allowed access to the documents under this chapter
or other law.

new text begin Once a document filed with or issued by the office under this chapter is transmitted to the
commissioner under subdivision 5 or section 176.281, access to the document in the division
file is as provided in section 176.231.
new text end

(b) The office and department may post notice of scheduled proceedings on the agencies'
websites and at their principal places of business in any manner that protects the employee's
identifying information.new text begin Identifying information includes the employee's name or any part
of the employee's name.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020, except that the
amendments to paragraph (b) are effective the day following final enactment.
new text end

Sec. 11.

new text begin [176.2612] THE WORKERS' COMPENSATION CLAIMS ACCESS AND
MANAGEMENT PLATFORM USER SYSTEM (CAMPUS).
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin (a) The commissioner shall maintain the workers'
compensation Claims Access and Management Platform User System (CAMPUS) as defined
in section 176.011, subdivision 1d. This section applies to the department and the Workers'
Compensation Court of Appeals. Except for paragraph (b), clause (4), this subdivision does
not apply to the office.
new text end

new text begin (b) CAMPUS must:
new text end

new text begin (1) provide a single filing system for users to electronically file documents required or
authorized to be filed under this chapter with the commissioner or the Workers' Compensation
Court of Appeals;
new text end

new text begin (2) maintain and retain the division file and other claim-related documents;
new text end

new text begin (3) accept filings by electronic data entry and by uploaded images of supplemental
documents, such as a medical or narrative report or document;
new text end

new text begin (4) electronically and securely transmit data, and images of documents, between each
agency to allow the agency to perform its statutory functions;
new text end

new text begin (5) electronically and securely serve documents;
new text end

new text begin (6) organize electronic data filed in the division file into an image for viewing or printing
by parties to a claim and staff at each agency;
new text end

new text begin (7) provide electronic access to the division file by parties and each agency to workers'
compensation documents and other data as authorized or required by this chapter; and
new text end

new text begin (8) allow authorized stakeholders, the department, and the Workers' Compensation Court
of Appeals to manage and monitor claims and perform statutorily required functions.
new text end

new text begin Subd. 2. new text end

new text begin Plan and proposal for improvement. new text end

new text begin By January 11, 2021, the commissioner
must recommend to the Workers' Compensation Advisory Council a plan and proposed
statutory amendments for the most effective means, based on an assessment of benefits and
value, to implement improvements to CAMPUS and the case management system at the
office, including ensuring a single calendaring system and a single filing system. The filing
requirements in section 176.2611, subdivisions 3 and 4, remain in effect until further
amendments related to a single filing system in CAMPUS are enacted pursuant to the
recommendations of the Workers' Compensation Advisory Council.
new text end

new text begin Subd. 3. new text end

new text begin Creating a CAMPUS account. new text end

new text begin (a) For purposes of this subdivision, "employer,"
"insurer," and "third-party administrator" have the meanings given in section 176.253,
subdivision 1.
new text end

new text begin (b) Electronic access to view or file documents in CAMPUS shall be granted according
to the requirements established by the department and MN.IT services to authenticate the
identity of the person or entity creating the account and authorize access to the documents
that the person or entity is entitled to under this chapter.
new text end

new text begin (c) The persons or entities in clauses (1) to (12) must create and maintain an account in
CAMPUS to electronically access or file documents.
new text end

new text begin (1) an employee with a workers' compensation claim, the employee's guardian under
section 176.092, or the deceased employee's dependent under section 176.111;
new text end

new text begin (2) an employer with a workers' compensation claim;
new text end

new text begin (3) a licensed workers' compensation insurer acting on behalf of an employer with a
Minnesota workers' compensation claim;
new text end

new text begin (4) an intervenor or potential intervenor in a workers' compensation dispute;
new text end

new text begin (5) a registered rehabilitation provider under section 176.102;
new text end

new text begin (6) the state or a political subdivision or school district that is not required to be
self-insured by the commissioner of the Department of Commerce in order to pay its workers'
compensation claims;
new text end

new text begin (7) the assigned risk plan under chapter 79A;
new text end

new text begin (8) the Workers' Compensation Reinsurance Association under chapter 79;
new text end

new text begin (9) the Minnesota Insurance Guarantee Association established under chapter 60C;
new text end

new text begin (10) the self-insurers' security fund under chapter 79A;
new text end

new text begin (11) a third-party administrator that has contracted to act on behalf of any of the entities
listed in this subdivision; and
new text end

new text begin (12) an attorney representing a person or entity listed above.
new text end

new text begin (d) The commissioner may require that any person or entity listed in paragraph (c),
clauses (2) to (12), create and maintain an account in CAMPUS if the person or entity is a
party to a workers' compensation claim or associated with an enforcement action of the
department.
new text end

new text begin (e) A designated medical contact under section 176.135 and a managed care organization
certified by the department under section 176.1351 must create and maintain an account to
file and view documents related to the certified managed care plan or designated medical
contact.
new text end

new text begin (f) If a person or entity is required to create and maintain an account under this
subdivision and fails to do so:
new text end

new text begin (1) unless good cause is shown, the commissioner may assess a $500 penalty against
the person or entity for each 30-day period that an account is not created or maintained
following the commissioner's notice that one is required;
new text end

new text begin (2) failure to create or maintain an account shall not be a defense to untimely filing
where electronic filing is required under this chapter; and
new text end

new text begin (3) failure to create or maintain an account results in the appointment of the commissioner
and successors in office as the person's agent to receive service by the commissioner or the
Workers' Compensation Court of Appeals where service is required under this chapter,
provided that the commissioner attempts service by United States mail on the party at the
last known address.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 12.

Minnesota Statutes 2018, section 176.275, is amended to read:


176.275 FILING OF PAPERS; PROOF OF SERVICE.

Subdivision 1.

Filing.

If a document is required to be filed by this chapter or any rules
adopted pursuant to authority granted by this chapter, the filing shall be completed deleted text beginby the
receipt
deleted text endnew text begin upon acceptancenew text end of the document deleted text beginat the division, department, office, or the court of
appeals
deleted text endnew text begin by the agencynew text end. deleted text beginThe division, department, office, and the court of appeals shall accept
any document which has been delivered to it for legal filing, but may refuse to accept
deleted text end Any
deleted text begin form ordeleted text end document that lacks information required by statute or rulenew text begin, or is not filed in the
manner and format required by this chapter, may be rejected
new text end. deleted text beginThe division, department,
office, and court of appeals are
deleted text endnew text begin A document rejected for any of these reasons is not considered
filed. An agency is
new text end not required to maintain, and may destroy, a duplicate of a deleted text beginform ordeleted text end
document that has already been filed. If a workers' compensation identification number has
been assigned by the department, it deleted text beginmaydeleted text endnew text begin mustnew text end be substituted for the Social Security number
on a deleted text beginform ordeleted text end document. deleted text beginIf the injured employee has fewer than three days of lost time from
work, the party submitting the required document must attach to it, at the time of filing, a
copy of the first report of injury.
deleted text end

A notice or other document required to be served or filed at either the department, the
office, or the court of appeals which is inadvertently served or filed at the wrong one of
these agencies new text beginby an unrepresented employee new text endshall be deemed to have been served or filed
with the proper agency. The receiving agency shall note the date of receipt of a document
and shall forward the documents to the proper agency no later than two working days
following receipt.

Subd. 2.

Proof of servicenew text begin; affidavits and notarized statementsnew text end.

new text begin(a) new text endWhenever a
provision of this chapter or rules adopted pursuant to authority granted by this chapter
require either a proof of service deleted text beginordeleted text endnew text begin,new text endnew text begin annew text end affidavit of service,new text begin or a notarized statement on a
document,
new text end the requirement is satisfied by deleted text beginthe inclusion of a proof of service on the document
which has been served, in a form acceptable by the state district courts or approved by the
commissioner
deleted text endnew text begin a document that meets the definition of an affidavit under Rule 15 of the
General Rules of Practice for the district courts
new text end.

new text begin (b) An agency is not required to verify the accuracy of a proof or affidavit of service
filed by a party before accepting a document for filing. This does not prevent a party from
asserting insufficient or lack of service in a proceeding.
new text end

new text begin (c) Service on a party's attorney constitutes service on the represented party, unless
service on the employee is specifically required by this chapter.
new text end

new text begin (d) A party is not required to file a proof or affidavit of service when the party is served
electronically by the agency and the agency has issued a proof of service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 13.

Minnesota Statutes 2018, section 176.281, is amended to read:


176.281 ORDERS, DECISIONS, AND AWARDS; FILING; SERVICE.

new text begin (a) new text endWhen the commissioner or compensation judge or Office of Administrative Hearings
or the Workers' Compensation Court of Appeals has deleted text beginrendered a finaldeleted text endnew text begin issued correspondence,
a notice,
new text end order, decision, deleted text beginordeleted text end awardnew text begin, or other disposition or outcome of a disputenew text end, or new text beginan
new text end amendment to an order, decision, or award, it shall be filed immediately with the
commissioner.

new text begin (b) The agencies' systems must be configured so that transmission of data and documents
described in paragraph (a) and section 176.2611, subdivision 5, paragraph (c), are
immediately transmitted between the Office of Administrative Hearings' case management
system and CAMPUS using application programming interfaces.
new text end

new text begin (c)new text end If the commissioner, compensation judge, Office of Administrative Hearings, or
Workers' Compensation Court of Appeals has rendered a final order, decision, or award,
or amendment thereto, the commissioner or the Office of Administrative Hearings or the
Workers' Compensation Court of Appeals shall immediately serve a copy upon every party
in interest, together with a notification of the date the order was filed.

new text begin (d) new text endOn all orders, decisions, awards, and other documents, the commissioner or
compensation judge or Office of Administrative Hearings or the Workers' Compensation
Court of Appeals may digitize the signatures of all officials, including judges, for the use
of electronic data interchange and clerical automation. These signatures shall have the same
legal authority of an original signature, provided that proper security is used to safeguard
the use of the digitized signatures and each digitized signature has been certified by the
division, department, office, or court of appeals before its use, in accordance with rules
adopted by that agency or court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 14.

Minnesota Statutes 2018, section 176.285, is amended to read:


176.285 SERVICE OF PAPERS AND NOTICES; ELECTRONIC FILING.

Subdivision 1.

Service by mail.

Service of deleted text beginpapers and noticesdeleted text endnew text begin documentsnew text end shall be by
new text begin United States new text endmail deleted text beginor otherwise as the commissioner or the chief administrative law judge
may by rule direct
deleted text endnew text begin except where electronic service is authorized or required under this
section and section 176.275. An employee cannot be required to accept electronic service
where service on the employee is required
new text end. Where service is by mail, service is effected at
the time mailed if properly addressed and stamped. If it is so mailed, it is presumed the
paper or notice reached the party to be served. However, a party may show by competent
evidence that that party did not receive it or that it had been delayed in transit for an unusual
or unreasonable period of time. In case of nonreceipt or delay, an allowance shall be made
for the party's failure to assert a right within the prescribed time.

Subd. 2.

Electronic service and filingnew text begin on an agencynew text end.

(a) Where a statute or rule
authorizes or requires a document to be filed with or served on deleted text beginan agencydeleted text endnew text begin the officenew text end, the
document may be filed electronically if electronic filing is authorized by the deleted text beginagencydeleted text endnew text begin officenew text end
and if the document is transmitted in the manner and in the format specified by the deleted text beginagency.deleted text endnew text begin
office. Where a statute or rule authorizes or requires a document to be filed with or served
on the commissioner or the Workers' Compensation Court of Appeals, the document must
be filed electronically in the manner and format specified by the commissioner. An employee
must not be required to file a document electronically at any agency unless the document
is filed by an attorney on behalf of the employee.
new text end

new text begin (b)new text end If electronic filing of a document is authorized by the deleted text beginagencydeleted text endnew text begin office or required under
this subdivision
new text end and a statute or rule requires a copy of the document to be provided or
served on another person or party, the document filed electronically with the agency and
provided or served on the other person or party must contain the same information in the
format required by the deleted text begincommissionerdeleted text endnew text begin agencynew text end.

new text begin (c) For purposes of serving on and filing with an agency under this chapter, "electronic"
and "electronically" excludes facsimile and e-mail unless authorized by the agency. A
document is deemed filed with an agency on the business day it is accepted for filing on or
before 11:59 p.m.
new text end

new text begin Subd. 2a. new text end

new text begin Electronic signatures. new text end

deleted text begin(b)deleted text endnew text begin (a)new text end Where a statute or rule authorizes or requires
a person's signature on a document to be filed with or served on an agency, the signature
may be an electronic signature, as defined by section 325L.02, or transmitted electronically,
if authorized by the agency and if the signature is transmitted in the manner and format
specified by the agency. The commissioner may require that a document authorized or
required to be filed with the commissioner, department, or division be filed electronically
in the manner and format specified by the commissioner, except that an employee must not
be required to file a document electronically unless the document is filed by an attorney on
behalf of an employee. The department or court may adopt rules for the certification of
signatures.

new text begin (b) If a rehabilitation provider files a rehabilitation plan or other document that requires
the signature of the employee, employer, or insurer pursuant to section 176.102, or rules
adopted under section 176.102, the rehabilitation provider shall specify whether each party's
signature has been obtained. The rehabilitation provider must retain the document with the
original signature or signatures of the employee and insurer or self-insured employer for
five years after the rehabilitation plan is closed and must make the signed document available
to the commissioner or compensation judge upon request.
new text end

new text begin Subd. 2b. new text end

new text begin Electronic service of documents on a party through the office's case
management system or CAMPUS.
new text end

deleted text begin(c) An agencydeleted text endnew text begin (a) The officenew text end may serve a document
electronically on a payer, rehabilitation provider, or attorney. deleted text beginAn agencydeleted text endnew text begin The officenew text end may
serve a document on any other party if the recipient agrees to receive it in an electronic
format. The date of electronic service of a document is the date the recipient is sent a
document electronically, or the date the recipient is notified that the document is available
on a website, whichever occurs first.

new text begin (b) The commissioner, the Workers' Compensation Court of Appeals, and a party may
electronically serve through CAMPUS a document required to be served on a party or filed
with the commissioner on any person with an account in CAMPUS under section 176.2612.
Service through CAMPUS must be either by secure e-mail or by e-mailing a notice that the
document may be accessed through a web portal. Service of a document through CAMPUS
on an attorney for a party is considered to be service on the party, except where service on
the employee is specifically required by this chapter.
new text end

new text begin (c) An employee must not be electronically served unless the employee has created an
account and has agreed to accept electronic service through the office's case management
system or CAMPUS.
new text end

new text begin (d) The date of electronic service of a document is the date the recipient is sent a
document electronically, or the date the recipient is notified that the document is available
on a website, whichever occurs first.
new text end

new text begin Subd. 2c. new text end

new text begin Time to assert a right when a document is served or filed electronically. new text end

deleted text begin(d)deleted text end
When the electronic filing of a legal document with deleted text beginthe departmentdeleted text endnew text begin an agencynew text end marks the
beginning of a prescribed time for another party to assert a right, the prescribed time for
another party to assert a right shall be deleted text beginlengtheneddeleted text endnew text begin extendednew text end by two calendar days when it
can be shown that service to deleted text beginthe otherdeleted text endnew text begin anothernew text end party was bynew text begin United Statesnew text end mailnew text begin, and extended
by one business day if the document was electronically served on the party in CAMPUS or
the office's case management system after 4:30 p.m
new text end.

Subd. 3.

Proof of servicenew text begin of documents served by parties and agenciesnew text end.

new text begin(a) new text endThe
commissioner deleted text beginanddeleted text endnew text begin,new text end the chief administrative law judge new text beginand the chief judge of the Workers'
Compensation Court of Appeals
new text endshall ensure that proof of service of all papers and notices
served by their respective agencies is deleted text beginplaced indeleted text endnew text begin transmitted tonew text end the deleted text beginofficialdeleted text endnew text begin divisionnew text end file deleted text beginof
the case
deleted text endnew text begin in the manner described in section 176.281new text end.

new text begin (b) If a document unrelated to a dispute, such as a first report of injury, is required to be
filed with the commissioner and required to be served on the employee or other party, the
serving party must retain the proof of service and provide it to the commissioner or
compensation judge upon request.
new text end

Subd. 4.

Definitions; applicability.

(a) For purposes of this section, deleted text begin"agency" means
the workers' compensation division, the Department of Labor and Industry, the commissioner
of the Department of Labor and Industry, the Office of Administrative Hearings, the chief
administrative law judge, or the Workers' Compensation Court of Appeals. "Document"
includes documents, reports, notices, orders, papers, forms, information, and data elements
that are authorized or required to be filed with an agency or the commissioner or that are
authorized or required to be served on or by an agency or the commissioner.
deleted text end "payer" means
a workers' compensation insurer, self-insurer employer, or third-party administrator.

(b) Except as otherwise modified by this deleted text beginsectiondeleted text endnew text begin chapternew text end, the provisions of chapter 325L
apply to electronic signatures and the electronic transmission of documents under this deleted text beginsectiondeleted text endnew text begin
chapter
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 31, 2020.
new text end

Sec. 15.

Minnesota Statutes 2018, section 176.312, is amended to read:


176.312 AFFIDAVITS OF PREJUDICE AND PETITIONS FOR REASSIGNMENT.

In accordance with rules adopted by the chief administrative law judge, an affidavit of
prejudice for cause may be filed by each party to the claim against a compensation judge
assigned to hear a case.

A petition for reassignment of a case to a different compensation judge for hearing may
be filed once, in any case, by each party to the claim within deleted text begintendeleted text endnew text begin 20new text end days after the filing party
has received notice of the assigned judge. Upon receipt of a timely petition for reassignment,
the chief administrative law judge shall assign the case to another judge.

An affidavit of prejudice or a petition for reassignment shall be filed with the chief
administrative law judge and shall not result in the continuance or delay of a hearing
scheduled under section 176.341.

This section does not apply to prehearing deleted text beginordeleted text endnew text begin,new text end settlement conferencesnew text begin, or administrative
conferences
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end