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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 469-S.F.No. 1469
           An act relating to workers' compensation; providing 
          coverage for certain employees of the University of 
          Minnesota and for ambulance drivers and attendants; 
          amending Minnesota Statutes 1983 Supplement, section 
          176.011, subdivision 9. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
176.011, subdivision 9, is amended to read: 
    Subd. 9.  [EMPLOYEE.] "Employee" means any person who 
performs services for another for hire including the following: 
     (1) an alien; 
     (2) a minor; 
     (3) a sheriff, deputy sheriff, constable, marshal, 
policeman, firefighter, county highway engineer, and peace 
officer while engaged in the enforcement of peace or in the 
pursuit or capture of any person charged with or suspected of 
crime and any person requested or commanded to aid an officer in 
arresting any person, or in retaking any person who has escaped 
from lawful custody, or in executing any legal process in which 
case, for purposes of calculating compensation payable under 
this chapter, the daily wage of the person requested or 
commanded to assist an officer or to execute a legal process 
shall be the prevailing wage for similar services where the 
services are performed by paid employees; 
     (4) a county assessor; 
     (5) an elected or appointed official of the state, or of 
any county, city, town, school district or governmental 
subdivision in it.  An officer of a political subdivision 
elected or appointed for a regular term of office, or to 
complete the unexpired portion of a regular term, shall be 
included only after the governing body of the political 
subdivision has adopted an ordinance or resolution to that 
effect; 
     (6) an executive officer of a corporation, except an 
officer of a family farm corporation as defined in section 
500.24, subdivision 1, clause (c), or an executive officer of a 
closely held corporation who is referred to in section 176.012; 
     (7) a voluntary uncompensated worker, other than an inmate, 
rendering services in state institutions under the commissioner 
of public welfare and state institutions under the commissioner 
of corrections similar to those of officers and employees of 
these institutions, and whose services have been accepted or 
contracted for by the commissioner of public welfare or the 
commissioner of corrections as authorized by law, shall be 
employees.  In the event of injury or death of the voluntary 
uncompensated worker, the daily wage of the worker, for the 
purpose of calculating compensation payable under this chapter, 
shall be the usual going wage paid at the time of the injury or 
death for similar services in institutions where the services 
are performed by paid employees; 
     (8) a voluntary uncompensated worker engaged in peace time 
in the civil defense program when ordered to training or other 
duty by the state or any political subdivision of it, shall be 
an employee.  The daily wage of the worker for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid at the time of the injury or death for 
similar services where the services are performed by paid 
employees; 
     (9) a voluntary uncompensated worker participating in a 
program established by a county welfare board shall be an 
employee.  In the event of injury or death of the voluntary 
uncompensated worker, the wage of the worker, for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid in the county at the time of the 
injury or death for similar services where the services are 
performed by paid employees working a normal day and week; 
     (10) a voluntary uncompensated worker accepted by the 
commissioner of natural resources who is rendering services as a 
volunteer pursuant to section 84.089 shall be an employee.  The 
daily wage of the worker for the purpose of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
     (11) a member of the military forces, as defined in section 
190.05, while in state active service, as defined in section 
190.05, subdivision 5a.  The daily wage of the member for the 
purpose of calculating compensation payable under this chapter 
shall be based on the member's usual earnings in civil life.  If 
there is no evidence of previous occupation or earning, the 
trier of fact shall consider the member's earnings as a member 
of the military forces; 
     (12) a voluntary uncompensated worker, accepted by the 
director of the Minnesota historical society, rendering services 
as a volunteer, pursuant to chapter 138, shall be an employee.  
The daily wage of the worker, for the purposes of calculating 
compensation payable under this chapter, shall be the usual 
going wage paid at the time of injury or death for similar 
services where the services are performed by paid employees; 
     (13) a voluntary uncompensated worker, other than a 
student, who renders services at the Minnesota School for the 
Deaf or the Minnesota Braille and Sight-Saving School, and whose 
services have been accepted or contracted for by the state board 
of education, as authorized by law, shall be an employee.  In 
the event of injury or death of the voluntary uncompensated 
worker, the daily wage of the worker, for the purpose of 
calculating compensation payable under this chapter, shall be 
the usual going wage paid at the time of the injury or death for 
similar services in institutions where the services are 
performed by paid employees; 
     (14) a voluntary uncompensated worker, other than a 
resident of the veterans home, who renders services at a 
Minnesota veterans home, and whose services have been accepted 
or contracted for by the commissioner of veterans affairs, as 
authorized by law, is an employee.  In the event of injury or 
death of the voluntary uncompensated worker, the daily wage of 
the worker, for the purpose of calculating compensation payable 
under this chapter, shall be the usual going wage paid at the 
time of the injury or death for similar services in institutions 
where the services are performed by paid employees;  
    (15) a worker who renders in-home attendant care services 
to a physically handicapped person, and who is paid directly by 
the commissioner of public welfare for these services, shall be 
an employee of the state within the meaning of this subdivision, 
but for no other purpose; and 
    (16) those students enrolled in and regularly attending the 
medical school of the University of Minnesota, whether in the 
graduate school program or the post-graduate program, as 
provided in section 147.20, notwithstanding that the students 
shall not be considered employees for any other purpose.  In the 
event of the student's injury or death, the weekly wage of the 
student for the purpose of calculating compensation payable 
under chapter 176, shall be the annualized educational stipend 
awarded to the student, divided by 52 weeks.  The institution in 
which the student is enrolled shall be considered the "employer" 
for the limited purpose of determining responsibility for paying 
benefits payable under chapter 176;  
     (17) a faculty member of the University of Minnesota 
employed for the current academic year is also an employee for 
the period between that academic year and the succeeding 
academic year if: 
     (a) the faculty member has a contract or reasonable 
assurance of a contract from the University of Minnesota for the 
succeeding academic year; and 
     (b) the personal injury for which compensation is sought 
arises out of and in the course of activities related to the 
faculty member's employment by the University of Minnesota; and 
    (18) a worker who performs volunteer ambulance driver or 
attendant services is an employee of the political subdivision, 
nonprofit hospital, nonprofit corporation, or other entity for 
which the worker performs the services.  The daily wage of the 
worker for the purpose of calculating compensation payable under 
this chapter is the usual going wage paid at the time of injury 
or death for similar services if the services are performed by 
paid employees.  
    In the event it is difficult to determine the daily wage as 
provided in this subdivision, then the trier of fact may 
determine the wage upon which the compensation is payable. 
    Approved April 25, 1984