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Office of the Revisor of Statutes

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

                            CHAPTER 447-S.F.No. 3644 
                  An act relating to workers' compensation; increasing 
                  benefits; clarifying language; providing for a 
                  transfer of funds; modifying various workers' 
                  compensation provisions; amending Minnesota Statutes 
                  1998, sections 176.011, subdivisions 3 and 20; 
                  176.061, subdivisions 3, 5, 7, 10, and by adding a 
                  subdivision; 176.081, subdivision 1; 176.101, 
                  subdivisions 1, 2a, and 8; 176.102, subdivisions 3 and 
                  11; 176.106, subdivision 7; 176.111, subdivisions 5, 
                  18, and by adding a subdivision; 176.129, subdivisions 
                  3 and 4; 176.231, subdivision 2; and 176.611, 
                  subdivision 2a; Minnesota Statutes 1999 Supplement, 
                  section 176.011, subdivision 9; repealing Minnesota 
                  Statutes 1998, section 176.129, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 176.011, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DAILY WAGE.] "Daily wage" means the daily wage 
        of the employee in the employment engaged in at the time of 
        injury but does not include tips and gratuities paid directly to 
        an employee by a customer of the employer and not accounted for 
        by the employee to the employer.  If the amount of the daily 
        wage received or to be received by the employee in the 
        employment engaged in at the time of injury was irregular or 
        difficult to determine, or if the employment was part time, the 
        daily wage shall be computed by dividing the total amount of 
        wages, vacation pay, and holiday pay the employee actually 
        earned in such employment in the last 26 weeks, by the total 
        number of days in which the employee actually performed any of 
        the duties of such employment such wages, vacation pay, and 
        holiday pay was earned, provided further, that in the case of 
        the construction industry, mining industry, or other industry 
        where the hours of work are affected by seasonal conditions, the 
        weekly wage shall not be less than five times the daily 
        wage.  If the employee worked or earned less than a full day's 
        worth of wages, vacation pay, or holiday pay, the total amount 
        earned shall be divided by the corresponding proportion of that 
        day.  Where board or allowances other than tips and gratuities 
        are made to an employee in addition to wages as a part of the 
        wage contract they are deemed a part of earnings and computed at 
        their value to the employee.  In the case of persons performing 
        services for municipal corporations in the case of emergency, 
        then the normal working day shall be considered and computed as 
        eight hours, and in cases where such services are performed 
        gratis or without fixed compensation the daily wage of the 
        person injured shall, for the purpose of calculating 
        compensation payable under this chapter, be taken to be the 
        usual going wage paid for similar services in municipalities 
        where such services are performed by paid employees.  If, at the 
        time of injury, the employee was regularly employed by two or 
        more employers, the employee's earnings in all such employments 
        shall be included in the computation of daily wage. 
           Sec. 2.  Minnesota Statutes 1999 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, police 
        officer, firefighter, county highway engineer, and peace officer 
        while engaged in the enforcement of peace or in the pursuit or 
        capture of a person charged with or suspected of crime; 
           (4) a person requested or commanded to aid an officer in 
        arresting or retaking a person who has escaped from lawful 
        custody, or in executing legal process, in which cases, for 
        purposes of calculating compensation under this chapter, the 
        daily wage of the person shall be the prevailing wage for 
        similar services performed by paid employees; 
           (5) a county assessor; 
           (6) an elected or appointed official of the state, or of a 
        county, city, town, school district, or governmental subdivision 
        in the state.  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; 
           (7) an executive officer of a corporation, except those 
        executive officers excluded by section 176.041; 
           (8) a voluntary uncompensated worker, other than an inmate, 
        rendering services in state institutions under the commissioners 
        of human services and corrections similar to those of officers 
        and employees of the institutions, and whose services have been 
        accepted or contracted for by the commissioner of human services 
        or corrections as authorized by law.  In the event of injury or 
        death of the worker, the daily wage of the worker, for the 
        purpose of calculating compensation under this chapter, shall be 
        the usual wage paid at the time of the injury or death for 
        similar services in institutions where the services are 
        performed by paid employees; 
           (9) 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.  The daily 
        wage of the worker, for the purpose of calculating compensation 
        under this chapter, shall be the usual wage paid at the time of 
        the injury or death for similar services performed by paid 
        employees; 
           (10) a voluntary uncompensated worker participating in a 
        program established by a local social services agency.  For 
        purposes of this clause, "local social services agency" means 
        any agency established under section 393.01.  In the event of 
        injury or death of the worker, the wage of the worker, for the 
        purpose of calculating compensation under this chapter, shall be 
        the usual wage paid in the county at the time of the injury or 
        death for similar services performed by paid employees working a 
        normal day and week; 
           (11) a voluntary uncompensated worker accepted by the 
        commissioner of natural resources who is rendering services as a 
        volunteer pursuant to section 84.089.  The daily wage of the 
        worker for the purpose of calculating compensation under this 
        chapter, shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (12) a voluntary uncompensated worker in the building and 
        construction industry who renders services for joint 
        labor-management nonprofit community service projects.  The 
        daily wage of the worker for the purpose of calculating 
        compensation under this chapter shall be the usual wage paid at 
        the time of injury or death for similar services performed by 
        paid employees; 
           (13) 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 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; 
           (14) a voluntary uncompensated worker, accepted by the 
        director of the Minnesota historical society, rendering services 
        as a volunteer, pursuant to chapter 138.  The daily wage of the 
        worker, for the purposes of calculating compensation under this 
        chapter, shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (15) a voluntary uncompensated worker, other than a 
        student, who renders services at the Minnesota state academy for 
        the deaf or the Minnesota state academy for the blind, and whose 
        services have been accepted or contracted for by the 
        commissioner of children, families, and learning, as authorized 
        by law.  In the event of injury or death of the worker, the 
        daily wage of the worker, for the purpose of calculating 
        compensation under this chapter, shall be the usual wage paid at 
        the time of the injury or death for similar services performed 
        in institutions by paid employees; 
           (16) 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.  In the event of injury or death of the 
        worker, the daily wage of the worker, for the purpose of 
        calculating compensation under this chapter, shall be the usual 
        wage paid at the time of the injury or death for similar 
        services performed in institutions by paid employees; 
           (17) a worker who renders in-home attendant care services 
        to a physically handicapped person, and who is paid directly by 
        the commissioner of human services for these services, shall be 
        an employee of the state within the meaning of this subdivision, 
        but for no other purpose; 
           (18) students enrolled in and regularly attending the 
        medical school of the University of Minnesota in the graduate 
        school program or the postgraduate program.  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 under this chapter, 
        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 under this chapter; 
           (19) a faculty member of the University of Minnesota 
        employed for an academic year is also an employee for the period 
        between that academic year and the succeeding academic year if: 
           (a) the 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; 
           (20) 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 under this 
        chapter shall be the usual wage paid at the time of injury or 
        death for similar services performed by paid employees; 
           (21) a voluntary uncompensated worker, accepted by the 
        commissioner of administration, rendering services as a 
        volunteer at the department of administration.  In the event of 
        injury or death of the worker, the daily wage of the worker, for 
        the purpose of calculating compensation under this chapter, 
        shall be the usual wage paid at the time of the injury or death 
        for similar services performed in institutions by paid 
        employees; 
           (22) a voluntary uncompensated worker rendering service 
        directly to the pollution control agency.  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; 
           (23) a voluntary uncompensated worker while volunteering 
        services as a first responder or as a member of a law 
        enforcement assistance organization while acting under the 
        supervision and authority of a political subdivision.  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; and 
           (24) a voluntary uncompensated member of the civil air 
        patrol rendering service on the request and under the authority 
        of the state or any of its political subdivisions.  The daily 
        wage of the member for the purposes 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. 
           If it is difficult to determine the daily wage as provided 
        in this subdivision, the trier of fact may determine the wage 
        upon which the compensation is payable. 
           Sec. 3.  Minnesota Statutes 1998, section 176.011, 
        subdivision 20, is amended to read: 
           Subd. 20.  [AVERAGE WEEKLY WAGE.] The statewide average 
        weekly wage for any year means that wage determined by the 
        commissioner in the following manner:  On or before July 1 
        preceding the year in which the wage is to be applicable, the 
        total wages reported on contribution tax reports to the 
        department of economic security for the preceding 12 months 
        ending on December 31 of that year shall be divided by the 
        average monthly number of insured covered workers (determined by 
        dividing the total insured covered workers reported for the year 
        ending December 31 by 12).  The average annual wage thus 
        obtained shall be divided by 52 and the average weekly wage thus 
        determined rounded to the next highest dollar. 
           Sec. 4.  Minnesota Statutes 1998, section 176.061, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ELECTION TO RECEIVE BENEFITS FROM EMPLOYER; 
        SUBROGATION.] If the employee or the employee's dependents elect 
        to receive benefits from the employer, or the special 
        compensation fund, the employer or the special compensation fund 
        has a right of indemnity or is subrogated to the right of the 
        employee or the employee's dependents to recover damages against 
        the other party.  The employer, or the attorney general on 
        behalf of the special compensation fund, may bring legal 
        proceedings against the party and recover the aggregate amount 
        of benefits payable to or on behalf of the employee or the 
        employee's dependents, regardless of whether such benefits are 
        recoverable by the employee or the employee's dependents at 
        common law or by statute together with costs, disbursements, and 
        reasonable attorney's fees of the action. 
           If an action as provided in this chapter is prosecuted by 
        the employee, the employer, or the attorney general on behalf of 
        the special compensation fund, against the third person, and 
        results in judgment against the third person, or settlement by 
        the third person, the employer has no liability to reimburse or 
        hold the third person harmless on the judgment or settlement in 
        absence of a written agreement to do so executed prior to the 
        injury. 
           Sec. 5.  Minnesota Statutes 1998, section 176.061, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CUMULATIVE REMEDIES.] If an injury or death for 
        which benefits are payable is caused under circumstances which 
        created a legal liability for damages on the part of a party 
        other than the employer, that party being then insured or 
        self-insured in accordance with this chapter, and the provisions 
        of subdivisions 1, 2, 3, and 4 do not apply, or the party other 
        than the employer is not then insured or self-insured as 
        provided by this chapter, legal proceedings may be taken by the 
        employee or the employee's dependents in accordance with clause 
        (a), or by the employer, or by the attorney general on behalf of 
        the special compensation fund, in accordance with clause (b), 
        against the other party to recover damages, notwithstanding the 
        payment of benefits by the employer or the special compensation 
        fund or their liability to pay benefits. 
           (a) If an action against the other party is brought by the 
        injured employee or the employee's dependents and a judgment is 
        obtained and paid or settlement is made with the other party, 
        the employer or the special compensation fund may deduct from 
        the benefits payable the amount actually received by the 
        employee or dependents or paid on their behalf in accordance 
        with subdivision 6.  If the action is not diligently prosecuted 
        or if the court deems it advisable in order to protect the 
        interests of the employer or the special compensation fund, upon 
        application the court may grant the employer or the special 
        compensation fund the right to intervene in the action for the 
        prosecution of the action.  If the injured employee or the 
        employee's dependents or any party on their behalf receives 
        benefits from the employer or the special compensation fund or 
        institutes proceedings to recover benefits or accepts from the 
        employer or the special compensation fund any payment on account 
        of the benefits, the employer or the special compensation fund 
        is subrogated to the rights of the employee or the employee's 
        dependents or has a right of indemnity against a third party 
        regardless of whether such benefits are recoverable by the 
        employee or the employee's dependents at common law or by 
        statute.  The employer or the attorney general on behalf of the 
        special compensation fund may maintain a separate action or 
        continue an action already instituted.  This action may be 
        maintained in the name of the employee or the names of the 
        employee's dependents, or in the name of the employer, or in the 
        name of the attorney general on behalf of the special 
        compensation fund, against the other party for the recovery of 
        damages.  If the action is not diligently prosecuted by the 
        employer or the attorney general on behalf of the special 
        compensation fund, or if the court deems it advisable in order 
        to protect the interest of the employee, the court, upon 
        application, may grant to the employee or the employee's 
        dependents the right to intervene in the action for the 
        prosecution of the action.  The proceeds of the action or 
        settlement of the action shall be paid in accordance with 
        subdivision 6. 
           (b) If an employer, being then insured, sustains damages 
        due to a change in workers' compensation insurance premiums, 
        whether by a failure to achieve a decrease or by a retroactive 
        or prospective increase, as a result of the injury or death of 
        an employee which was caused under circumstances which created a 
        legal liability for damages on the part of a party other than 
        the employer, the employer, notwithstanding other remedies 
        provided, may maintain an action against the other party for 
        recovery of the premiums.  This cause of action may be brought 
        either by joining in an action described in clause (a) or by a 
        separate action.  Damages recovered under this clause are for 
        the benefit of the employer and the provisions of subdivision 6 
        are not applicable to the damages. 
           (c) The third party is not liable to any person other than 
        the employee or the employee's dependents, or the employer, or 
        the special compensation fund, for any damages resulting from 
        the injury or death. 
           A coemployee working for the same employer is not liable 
        for a personal injury incurred by another employee unless the 
        injury resulted from the gross negligence of the coemployee or 
        was intentionally inflicted by the coemployee. 
           Sec. 6.  Minnesota Statutes 1998, section 176.061, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MEDICAL TREATMENT.] The liability of an employer 
        or the special compensation fund for medical treatment or 
        payment of any other compensation under this chapter is not 
        affected by the fact that the employee was injured through the 
        fault or negligence of a third party, against whom the employee 
        may have a cause of action which may be sued under this chapter, 
        but the employer, or the attorney general on behalf of the 
        special compensation fund, has a separate additional cause of 
        action against the third party to recover any amounts paid for 
        medical treatment or for other compensation payable under this 
        section resulting from the negligence of the third 
        party regardless of whether such other compensation is 
        recoverable by the employee or the employee's dependents at 
        common law or by statute.  This separate cause of action of the 
        employer or the attorney general on behalf of the special 
        compensation fund may be asserted in a separate action brought 
        by the employer or the attorney general on behalf of the special 
        compensation fund against the third party, or in the action 
        commenced by the employee or the employer or the attorney 
        general on behalf of the special compensation fund under this 
        chapter, but in the latter case the cause of action shall be 
        separately stated, the amount awarded in the action shall be 
        separately set out in the verdict, and the amount recovered by 
        suit or otherwise as reimbursement for medical expenses or other 
        compensation shall be for the benefit of the employer or the 
        special compensation fund to the extent that the employer or the 
        special compensation fund has paid or will be required to pay 
        compensation or pay for medical treatment of the injured 
        employee and does not affect the amount of periodic compensation 
        to be paid. 
           Sec. 7.  Minnesota Statutes 1998, section 176.061, 
        subdivision 10, is amended to read: 
           Subd. 10.  [INDEMNITY.] Notwithstanding the provisions of 
        chapter 65B or any other law to the contrary, an employer has a 
        right of indemnity for any compensation paid or payable pursuant 
        to this chapter, regardless of whether such compensation is 
        recoverable by the employee or the employee's dependents at 
        common law or by statute, including temporary total 
        compensation, temporary partial compensation, permanent partial 
        compensation, medical compensation, rehabilitation, death, and 
        permanent total compensation.  
           Sec. 8.  Minnesota Statutes 1998, section 176.061, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [RIGHT OF CONTRIBUTION.] To the extent the 
        employer has fault, separate from the fault of the injured 
        employee to whom workers' compensation benefits are payable, any 
        nonemployer third party who is liable has a right of 
        contribution against the employer in an amount proportional to 
        the employer's percentage of fault but not to exceed the net 
        amount the employer recovered pursuant to subdivision 6, 
        paragraphs (c) and (d).  The employer may avoid contribution 
        exposure by affirmatively waiving, before selection of the jury, 
        the right to recover workers' compensation benefits paid and 
        payable, thus removing compensation benefits from the damages 
        payable by any third party. 
           Procedurally, if the employer waives or settles the right 
        to recover workers' compensation benefits paid and payable, the 
        employee or the employee's dependents have the option to present 
        all common law or wrongful death damages whether they are 
        recoverable under the Workers' Compensation Act or not.  
        Following the verdict, the trial court will deduct any awarded 
        damages that are duplicative of workers' compensation benefits 
        paid or payable. 
           Sec. 9.  Minnesota Statutes 1998, section 176.081, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LIMITATION OF FEES.] (a) A fee for legal 
        services of 25 percent of the first $4,000 of compensation 
        awarded to the employee and 20 percent of the next $60,000 of 
        compensation awarded to the employee is the maximum permissible 
        fee and does not require approval by the commissioner, 
        compensation judge, or any other party.  All fees, including 
        fees for obtaining medical or rehabilitation benefits, must be 
        calculated according to the formula under this subdivision, 
        except as otherwise provided in clause (1) or (2).  
           (1) The contingent attorney fee for recovery of monetary 
        benefits according to the formula in this section is presumed to 
        be adequate to cover recovery of medical and rehabilitation 
        benefit or services concurrently in dispute.  Attorney fees for 
        recovery of medical or rehabilitation benefits or services shall 
        be assessed against the employer or insurer only if the attorney 
        establishes that the contingent fee is inadequate to reasonably 
        compensate the attorney for representing the employee in the 
        medical or rehabilitation dispute.  In cases where the 
        contingent fee is inadequate the employer or insurer is liable 
        for attorney fees based on the formula in this subdivision or in 
        clause (2). 
           For the purposes of applying the formula where the employer 
        or insurer is liable for attorney fees, the amount of 
        compensation awarded for obtaining disputed medical and 
        rehabilitation benefits under sections 176.102, 176.135, and 
        176.136 shall be the dollar value of the medical or 
        rehabilitation benefit awarded, where ascertainable.  
           (2) The maximum attorney fee for obtaining a change of 
        doctor or qualified rehabilitation consultant, or any other 
        disputed medical or rehabilitation benefit for which a dollar 
        value is not reasonably ascertainable, is the amount charged in 
        hourly fees for the representation or $500, whichever is less, 
        to be paid by the employer or insurer. 
           (3) The fees for obtaining disputed medical or 
        rehabilitation benefits are included in the $13,000 limit in 
        paragraph (b).  An attorney must concurrently file all 
        outstanding disputed issues.  An attorney is not entitled to 
        attorney fees for representation in any issue which could 
        reasonably have been addressed during the pendency of other 
        issues for the same injury. 
           (b) All fees for legal services related to the same injury 
        are cumulative and may not exceed $13,000.  If multiple injuries 
        are the subject of a dispute, the commissioner, compensation 
        judge, or court of appeals shall specify the attorney fee 
        attributable to each injury.  
           (c) If the employer or the insurer or the defendant is 
        given written notice of claims for legal services or 
        disbursements, the claim shall be a lien against the amount paid 
        or payable as compensation.  Subject to the foregoing maximum 
        amount for attorney fees, up to 25 percent of the first $4,000 
        of periodic compensation awarded to the employee and 20 percent 
        of the next $60,000 of periodic compensation awarded to the 
        employee may be withheld from the periodic payments for attorney 
        fees or disbursements if the payor of the funds clearly 
        indicates on the check or draft issued to the employee for 
        payment the purpose of the withholding, the name of the 
        attorney, the amount withheld, and the gross amount of the 
        compensation payment before withholding.  In no case shall fees 
        be calculated on the basis of any undisputed portion of 
        compensation awards.  Allowable fees under this chapter shall be 
        based solely upon genuinely disputed claims or portions of 
        claims, including disputes related to the payment of 
        rehabilitation benefits or to other aspects of a rehabilitation 
        plan.  The existence of a dispute is dependent upon a 
        disagreement after the employer or insurer has had adequate time 
        and information to take a position on liability.  Neither the 
        holding of a hearing nor the filing of an application for a 
        hearing alone may determine the existence of a dispute.  Except 
        where the employee is represented by an attorney in other 
        litigation pending at the department or at the office of 
        administrative hearings, a fee may not be charged after June 1, 
        1996, for services with respect to a medical or rehabilitation 
        issue arising under section 176.102, 176.135, or 176.136 
        performed before the employee has consulted with the department 
        and the department certifies that there is a dispute and that it 
        has tried to resolve the dispute.  
           (d) An attorney who is claiming legal fees for representing 
        an employee in a workers' compensation matter shall file a 
        statement of attorney fees with the commissioner, compensation 
        judge before whom the matter was heard, or workers' compensation 
        court of appeals on cases before the court.  A copy of the 
        signed retainer agreement shall also be filed.  The employee and 
        insurer shall receive a copy of the statement.  The statement 
        shall be on a form prescribed by the commissioner and shall 
        report the number of hours spent on the case.  
           (e) Employers and insurers may not pay attorney fees or 
        wages for legal services of more than $13,000 per case.  
           (f) Each insurer and self-insured employer shall file 
        annual statements with the commissioner detailing the total 
        amount of legal fees and other legal costs incurred by the 
        insurer or employer during the year.  The statement shall 
        include the amount paid for outside and in-house counsel, 
        deposition and other witness fees, and all other costs relating 
        to litigation. 
           (g) An attorney must file a statement of attorney fees 
        within 12 months of the date the attorney has submitted the 
        written notice specified in paragraph (c).  If the attorney has 
        not filed a statement of attorney fees within the 12 months, the 
        attorney must send a renewed notice of lien to the insurer.  If 
        12 months have elapsed since the last notice of lien has been 
        received by the insurer and no statement of attorney fees has 
        been filed, the insurer must release the withheld money to the 
        employee, except that before releasing the money to the 
        employee, the insurer must give the attorney 30 days' written 
        notice of the pending release.  The insurer must not release the 
        money if the attorney files a statement of attorney fees within 
        the 30 days. 
           Sec. 10.  Minnesota Statutes 1998, section 176.101, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TEMPORARY TOTAL DISABILITY.] (a) For 
        injury producing temporary total disability, the compensation is 
        66-2/3 percent of the weekly wage at the time of injury. 
           (b)  (1) Commencing on October 1, 1995 2000, the maximum 
        weekly compensation payable is $615 $750 per week. 
           (2) The workers' compensation advisory council may consider 
        adjustment increases and make recommendations to the legislature.
           (c) The minimum weekly compensation payable is $104 $130 
        per week or the injured employee's actual weekly wage, whichever 
        is less. 
           (d) Temporary total compensation shall be paid during the 
        period of disability subject to the cessation and recommencement 
        conditions in paragraphs (e) to (l). 
           (e) Temporary total disability compensation shall cease 
        when the employee returns to work.  Except as otherwise provided 
        in section 176.102, subdivision 11, temporary total disability 
        compensation may only be recommenced following cessation under 
        this paragraph, paragraph (h), or paragraph (j) prior to payment 
        of 104 weeks of temporary total disability compensation and only 
        as follows: 
           (1) if temporary total disability compensation ceased 
        because the employee returned to work, it may be recommenced if 
        the employee is laid off or terminated for reasons other than 
        misconduct within one year after returning to work if the layoff 
        or termination occurs prior to 90 days after the employee has 
        reached maximum medical improvement.  Recommenced temporary 
        total disability compensation under this clause ceases when any 
        of the cessation events in paragraphs (e) to (l) occurs; or 
           (2) if temporary total disability compensation ceased 
        because the employee returned to work or ceased under paragraph 
        (h) or (j), it may be recommenced if the employee is medically 
        unable to continue at a job due to the injury.  Where the 
        employee is medically unable to continue working due to the 
        injury, temporary total disability compensation may continue 
        until any of the cessation events in paragraphs (e) to (l) 
        occurs following recommencement.  If an employee who has not yet 
        received temporary total disability compensation becomes 
        medically unable to continue working due to the injury after 
        reaching maximum medical improvement, temporary total disability 
        compensation shall commence and shall continue until any of the 
        events in paragraphs (e) to (l) occurs following commencement.  
        For purposes of commencement or recommencement under this clause 
        only, a new period of maximum medical improvement under 
        paragraph (j) begins when the employee becomes medically unable 
        to continue working due to the injury.  Temporary total 
        disability compensation may not be recommenced under this clause 
        and a new period of maximum medical improvement does not begin 
        if the employee is not actively employed when the employee 
        becomes medically unable to work.  All periods of initial and 
        recommenced temporary total disability compensation are included 
        in the 104-week limitation specified in paragraph (k).  
           (f) Temporary total disability compensation shall cease if 
        the employee withdraws from the labor market.  Temporary total 
        disability compensation may be recommenced following cessation 
        under this paragraph only if the employee reenters the labor 
        market prior to 90 days after the employee reached maximum 
        medical improvement and prior to payment of 104 weeks of 
        temporary total disability compensation.  Once recommenced, 
        temporary total disability ceases when any of the cessation 
        events in paragraphs (e) to (l) occurs. 
           (g) Temporary total disability compensation shall cease if 
        the total disability ends and the employee fails to diligently 
        search for appropriate work within the employee's physical 
        restrictions.  Temporary total disability compensation may be 
        recommenced following cessation under this paragraph only if the 
        employee begins diligently searching for appropriate work within 
        the employee's physical restrictions prior to 90 days after 
        maximum medical improvement and prior to payment of 104 weeks of 
        temporary total disability compensation.  Once recommenced, 
        temporary total disability compensation ceases when any of the 
        cessation events in paragraphs (e) to (l) occurs. 
           (h) Temporary total disability compensation shall cease if 
        the employee has been released to work without any physical 
        restrictions caused by the work injury. 
           (i) Temporary total disability compensation shall cease if 
        the employee refuses an offer of work that is consistent with a 
        plan of rehabilitation filed with the commissioner which meets 
        the requirements of section 176.102, subdivision 4, or, if no 
        plan has been filed, the employee refuses an offer of gainful 
        employment that the employee can do in the employee's physical 
        condition.  Once temporary total disability compensation has 
        ceased under this paragraph, it may not be recommenced. 
           (j) Temporary total disability compensation shall cease 90 
        days after the employee has reached maximum medical improvement, 
        except as provided in section 176.102, subdivision 11, paragraph 
        (b).  For purposes of this subdivision, the 90-day period after 
        maximum medical improvement commences on the earlier of:  (1) 
        the date that the employee receives a written medical report 
        indicating that the employee has reached maximum medical 
        improvement; or (2) the date that the employer or insurer serves 
        the report on the employee and the employee's attorney, if any.  
        Once temporary total disability compensation has ceased under 
        this paragraph, it may not be recommenced except if the employee 
        returns to work and is subsequently medically unable to continue 
        working as provided in paragraph (e), clause (2). 
           (k) Temporary total disability compensation shall cease 
        entirely when 104 weeks of temporary total disability 
        compensation have been paid, except as provided in section 
        176.102, subdivision 11, paragraph (b).  Notwithstanding 
        anything in this section to the contrary, initial and 
        recommenced temporary total disability compensation combined 
        shall not be paid for more than 104 weeks, regardless of the 
        number of weeks that have elapsed since the injury, except that 
        if the employee is in a retraining plan approved under section 
        176.102, subdivision 11, the 104 week limitation shall not apply 
        during the retraining, but is subject to the limitation before 
        the plan begins and after the plan ends. 
           (l) Paragraphs (e) to (k) do not limit other grounds under 
        law to suspend or discontinue temporary total disability 
        compensation provided under this chapter. 
           (m) Once an employee has been paid 52 weeks of temporary 
        total compensation, the employer or insurer must notify the 
        employee in writing of the 104 week limitation on payment of 
        temporary total compensation.  A copy of this notice must also 
        be filed with the department. 
           Sec. 11.  Minnesota Statutes 1998, section 176.101, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [PERMANENT PARTIAL DISABILITY.] (a) Compensation 
        for permanent partial disability is as provided in this 
        subdivision.  Permanent partial disability must be rated as a 
        percentage of the whole body in accordance with rules adopted by 
        the commissioner under section 176.105.  The percentage 
        determined pursuant to the rules must be multiplied by the 
        corresponding amount in the following table: 
              Impairment rating                   Amount
                  (percent)
                   0-25                         $ 75,000
                   0-5                          $ 75,000
                   6-10                           80,000
                   11-15                          85,000
                   16-20                          90,000
                   21-25                          95,000
                   26-30                          80,000 100,000
                   31-35                          85,000 110,000
                   36-40                          90,000 120,000
                   41-45                          95,000 130,000
                   46-50                         100,000 140,000
                   51-55                         120,000 165,000
                   56-60                         140,000 190,000
                   61-65                         160,000 215,000
                   66-70                         180,000 240,000
                   71-75                         200,000 265,000
                   76-80                         240,000 315,000
                   81-85                         280,000 365,000
                   86-90                         320,000 415,000
                   91-95                         360,000 465,000
                   96-100                        400,000 515,000
        An employee may not receive compensation for more than a 100 
        percent disability of the whole body, even if the employee 
        sustains disability to two or more body parts. 
           (b) Permanent partial disability is payable upon cessation 
        of temporary total disability under subdivision 1.  If the 
        employee requests payment in a lump sum, then the compensation 
        must be paid within 30 days.  This lump sum payment may be 
        discounted to the present value calculated up to a maximum five 
        percent basis.  If the employee does not choose to receive the 
        compensation in a lump sum, then the compensation is payable in 
        installments at the same intervals and in the same amount as the 
        employee's temporary total disability rate on the date of injury.
        Permanent partial disability is not payable while temporary 
        total compensation is being paid. 
           Sec. 12.  Minnesota Statutes 1998, section 176.101, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CESSATION OF BENEFITS.] Temporary total 
        disability payments shall cease at retirement.  "Retirement" 
        means that a preponderance of the evidence supports a conclusion 
        that an employee has retired.  The subjective statement of an 
        employee that the employee is not retired is not sufficient in 
        itself to rebut objective evidence of retirement but may be 
        considered along with other evidence.  
           For injuries occurring after January 1, 1984, an employee 
        who receives social security old age and survivors insurance 
        retirement benefits under the Social Security Act, Public Law 
        Number 98-21, as amended, is presumed retired from the labor 
        market.  This presumption is For injuries occurring after 
        October 1, 2000, an employee who receives any other 
        service-based government retirement pension is presumed retired 
        from the labor market.  The term "service-based government 
        retirement pension" does not include disability-based government 
        pensions.  These presumptions are rebuttable by a preponderance 
        of the evidence. 
           Sec. 13.  Minnesota Statutes 1998, section 176.102, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVIEW PANEL.] There is created a rehabilitation 
        review panel composed of the commissioner or a designee, who 
        shall serve as an ex officio member and two members each from 
        employers, insurers, rehabilitation, and medicine, one member 
        representing chiropractors, and four members representing 
        labor.  The members shall be appointed by the commissioner and 
        shall serve four-year terms which may be renewed.  Terms, 
        compensation, and removal for members shall be governed by 
        section 15.0575.  The panel shall select a chair.  The panel 
        shall review and make a determination with respect to appeals 
        from orders of the commissioner regarding certification approval 
        of qualified rehabilitation consultants and vendors.  The 
        hearings are de novo and initiated by the panel under the 
        contested case procedures of chapter 14, and are appealable to 
        the workers' compensation court of appeals in the manner 
        provided by section 176.421.  
           Sec. 14.  Minnesota Statutes 1998, section 176.102, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RETRAINING; COMPENSATION.] (a) Retraining is 
        limited to 156 weeks.  An employee who has been approved for 
        retraining may petition the commissioner or compensation judge 
        for additional compensation not to exceed 25 percent of the 
        compensation otherwise payable.  If the commissioner or 
        compensation judge determines that this additional compensation 
        is warranted due to unusual or unique circumstances of the 
        employee's retraining plan, the commissioner may award 
        additional compensation in an amount not to exceed the 
        employee's request.  This additional compensation shall cease at 
        any time the commissioner or compensation judge determines the 
        special circumstances are no longer present.  
           (b) If the employee is not employed during a retraining 
        plan that has been specifically approved under this section, 
        temporary total compensation is payable for up to 90 days after 
        the end of the retraining plan; except that, payment during the 
        90-day period is subject to cessation in accordance with section 
        176.101.  If the employee is employed during the retraining plan 
        but earning less than at the time of injury, temporary partial 
        compensation is payable at the rate of 66-2/3 percent of the 
        difference between the employee's weekly wage at the time of 
        injury and the weekly wage the employee is able to earn in the 
        employee's partially disabled condition, subject to the maximum 
        rate for temporary total compensation.  Temporary partial 
        compensation is not subject to the 225-week or 450-week 
        limitations provided by section 176.101, subdivision 2, during 
        the retraining plan, but is subject to those limitations before 
        and after the plan. 
           (c) Any request for retraining shall be filed with the 
        commissioner before 104 156 weeks of any combination of 
        temporary total or temporary partial compensation have been paid.
        Retraining shall not be available after 104 156 weeks of any 
        combination of temporary total or temporary partial compensation 
        benefits have been paid unless the request for the retraining 
        has been filed with the commissioner prior to the time the 104 
        156 weeks of compensation have been paid.  
           (d) The employer or insurer must notify the employee in 
        writing of the 104 156 week limitation for filing a request for 
        retraining with the commissioner.  This notice must be given 
        before 80 weeks of temporary total disability or temporary 
        partial disability compensation have been paid, regardless of 
        the number of weeks that have elapsed since the date of injury.  
        If the notice is not given before the 80 weeks, the period of 
        time within which to file a request for retraining is extended 
        by the number of days the notice is late, but in no event may a 
        request be filed later than 225 weeks after any combination of 
        temporary total disability or temporary partial disability 
        compensation have been paid.  The commissioner may assess a 
        penalty of $25 per day that the notice is late, up to a maximum 
        penalty of $2,000, against an employer or insurer for failure to 
        provide the notice.  The penalty is payable to the assigned risk 
        safety account. 
           Sec. 15.  Minnesota Statutes 1998, section 176.106, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REQUEST FOR HEARING.] Any party aggrieved by the 
        decision of the commissioner's designee may request a formal 
        hearing by filing the request with the commissioner and serving 
        the request on all parties no later than 30 days after the 
        decision; provided, however, that the commissioner shall review 
        a decision of the commissioner's designee regarding a claim for 
        a medical benefit of $1,500 or less and the commissioner's 
        decision shall be final.  Requests on other issues shall be 
        referred to the office of administrative hearings for a de novo 
        hearing before a compensation judge.  Except where the only 
        issues to be determined pursuant to this section involve 
        liability for past treatment or services that will not affect 
        entitlement to ongoing or future proposed treatment or services 
        under section 176.102 or 176.135, the commissioner shall refer a 
        timely request to the office of administrative hearings within 
        five working days after filing of the request and the hearing at 
        the office of administrative hearings must be held on the first 
        date that all parties are available but not later than 60 days 
        after the office of administrative hearings receives the matter. 
        Following the hearing, the compensation judge must issue the 
        decision within 30 days.  The decision of the compensation judge 
        is appealable pursuant to section 176.421. 
           Sec. 16.  Minnesota Statutes 1998, section 176.111, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PAYMENTS, TO WHOM MADE.] In death cases 
        compensation payable to dependents is computed on the following 
        basis and shall be paid to the persons entitled thereto or to a 
        guardian or conservator as required under section 176.092.  The 
        minimum amount of dependency compensation that must be paid to 
        persons entitled thereto is $60,000. 
           Sec. 17.  Minnesota Statutes 1998, section 176.111, 
        subdivision 18, is amended to read: 
           Subd. 18.  [BURIAL EXPENSE.] In all cases where death 
        results to an employee from a personal injury arising out of and 
        in the course of employment, the employer shall pay the expense 
        of burial, not exceeding in amount $7,500 $15,000.  In case any 
        dispute arises as to the reasonable value of the services 
        rendered in connection with the burial, its reasonable value 
        shall be determined and approved by the commissioner, a 
        compensation judge, or workers' compensation court of appeals, 
        in cases upon appeal, before payment, after reasonable notice to 
        interested parties as is required by the commissioner.  If the 
        deceased leaves no dependents, no compensation is payable, 
        except as provided by this chapter. 
           Sec. 18.  Minnesota Statutes 1998, section 176.111, is 
        amended by adding a subdivision to read: 
           Subd. 22.  [PAYMENTS TO ESTATE; DEATH OF EMPLOYEE.] In 
        every case of death of an employee resulting from personal 
        injury arising out of and in the course of employment where 
        there are no persons entitled to monetary benefits of dependency 
        compensation, the employer shall pay to the estate of the 
        deceased employee the sum of $60,000. 
           Sec. 19.  Minnesota Statutes 1998, section 176.129, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PAYMENTS TO FUND, INJURY.] If an employee 
        suffers a personal injury resulting in permanent partial 
        disability, temporary total disability, temporary partial 
        disability, permanent total disability, or death and the 
        employee or the employee's dependents are entitled to 
        compensation under sections 176.101 or 176.111 the employer 
        shall pay to the commissioner a lump sum amount, without any 
        interest deduction, equal to 20 percent of the total 
        compensation payable.  The rate under this subdivision shall be 
        adjusted as provided under subdivision 4a and applies to 
        injuries occurring after June 1, 1971, for payments made on or 
        after January 1, 1984.  This payment is to be credited to the 
        special compensation fund and shall be in addition to any 
        compensation payments made by the employer under this chapter. 
        Payment shall be made as soon as the amount is determined and 
        approved by and the completed assessment form shall be submitted 
        to the commissioner no later than April 1 and August 15 of the 
        same calendar year.  
           Sec. 20.  Minnesota Statutes 1998, section 176.129, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TIME OF INJURY.] Subdivision 3 applies to all 
        workers' compensation payments, exclusive of medical costs, paid 
        under section 176.101 or 176.111 for an injury or death 
        occurring on or after June 1, 1971. 
           Payments made for personal injuries that occurred prior to 
        June 1, 1971, shall be reported to the special compensation fund 
        but shall not be assessed at the rate in effect on the date of 
        occurrence. 
           Sec. 21.  Minnesota Statutes 1998, section 176.231, 
        subdivision 2, is amended to read: 
           Subd. 2.  [INITIAL REPORT, WRITTEN REPORT.] Where 
        subdivision 1 requires an injury to be reported within 48 hours, 
        the employer may make an initial report by telephone, telegraph, 
        or personal notice, and file a written report of the injury 
        within seven days from its occurrence or within such time as the 
        commissioner of labor and industry designates.  All written 
        reports of injuries required by subdivision 1 shall include the 
        date of injury, amounts of payments made, if any, and the date 
        of the first payment.  The reports shall be on a form designed 
        by the commissioner, with a clear copy suitable for imaging to 
        the commissioner, 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. 
           If an insurer or self-insurer repeatedly fails to pay 
        benefits within three days of the due date, pursuant to section 
        176.221, the insurer or self-insurer 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 self-insurer 
        to the commissioner of commerce for action pursuant to section 
        176.225, subdivision 4. 
           Sec. 22.  Minnesota Statutes 1998, section 176.611, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [SETTLEMENT AND CONTINGENCY RESERVE ALTERNATIVE 
        COST ALLOCATION ACCOUNT.] To reduce long-term costs, minimize 
        impairment to agency operations and budgets, and distribute risk 
        of one-time catastrophic claims, the commissioner of employee 
        relations shall maintain a separate account within the state 
        compensation revolving fund.  The account shall be used to pay 
        for lump-sum or annuitized settlements, structured claim 
        settlements, and one-time large, legal, catastrophic medical, 
        indemnity, or other irregular claim costs that might otherwise 
        pose a significant burden for agencies.  The commissioner of 
        employee relations, with the approval of the commissioner of 
        finance, may establish criteria and procedures for payment from 
        the account on an agency's behalf.  The commissioner of employee 
        relations may assess agencies on a reimbursement or premium 
        basis from time to time to ensure adequate account reserves.  
        The account consists of appropriations from the general fund, 
        receipts from billings to agencies, and credited investment 
        gains or losses attributable to balances in the account.  The 
        state board of investment shall invest the assets of the account 
        according to section 11A.24. 
           Sec. 23.  [LEGISLATIVE FINDINGS.] 
           The Minnesota workers' compensation assigned risk plan is 
        to aid in the operation of the workers' compensation system by 
        providing a source of workers' compensation insurance for 
        employers unable to obtain such coverage from the private 
        insurance market.  The operations for this plan have yielded a 
        surplus from investment returns and other sources.  It is in the 
        public interest and is the intent of the legislature to use a 
        portion of the excess surplus currently maintained by the 
        Minnesota workers' compensation assigned risk plan to reduce the 
        current and future obligations of the second injury and the 
        supplemental benefits programs of the special compensation fund 
        administered by the department of labor and industry. 
           Sec. 24.  [MINNESOTA WORKERS' COMPENSATION ASSIGNED RISK 
        PLAN SURPLUS TRANSFER.] 
           Subdivision 1.  [EXCESS SURPLUS.] "Excess surplus" means 
        the amount of the Minnesota workers' compensation assigned risk 
        plan funds that exceeds the amount necessary to pay all current 
        liabilities of this plan, including, but not limited to: 
           (1) administrative expenses; 
           (2) benefit claims; and 
           (3) in the event the Minnesota workers' compensation 
        assigned risk plan is dissolved under Minnesota Statutes, 
        section 79.251, subdivision 8, the amounts which would be due 
        insurers who have paid assessments to this plan. 
           Subd. 2.  [TRANSFER OF EXCESS SURPLUS FUNDS.] (a) On or 
        before July 10, 2000, the commissioner of commerce shall certify 
        to the commissioner of finance the amount of the Minnesota 
        workers' compensation assigned risk plan excess surplus.  On or 
        before July 10, 2000, the commissioner of finance and the 
        commissioner of commerce must direct the transfer of 
        $325,000,000 of assets of the assigned risk plan excess surplus 
        to a separate account within the special compensation fund 
        called the excess surplus account.  The assets shall be managed 
        by the state board of investment.  The principal portion of the 
        money in the excess surplus account is appropriated to the 
        department of labor and industry for settlement of liabilities 
        of the second injury and supplementary benefits programs.  
        Interest, gains, and other income of the excess surplus account 
        shall be credited to the account.  Interest earnings on the 
        excess surplus account are appropriated to the department of 
        labor and industry to pay annual claims in the second injury and 
        supplementary benefits programs.  Up to $1,000,000 in the excess 
        surplus account may be applied to administrative costs incurred 
        by these programs. 
           (b) The transfer of funds authorized by this subdivision is 
        not subject to review under Minnesota Statutes, chapter 14. 
           Subd. 3.  [ASSESSMENT.] If excess surplus funds are 
        transferred as provided in subdivision 2, by January 1, 2001, 
        the rate assessed by the commissioner of labor and industry 
        under Minnesota Statutes, section 176.129, subdivisions 3 and 
        4a, shall be reduced by at least 30 percent from the rate in 
        effect on January 1, 2000. 
           Subd. 4.  [STATUS REPORT.] On October 15, 2002, and October 
        15, 2004, the department of labor and industry must report to 
        the governor and the legislature on the status of its efforts to 
        reduce the unfunded liabilities of the second injury and the 
        supplementary benefits programs.  These reports must include an 
        updated projection of the remaining long-term liabilities for 
        these programs and must make appropriate recommendations. 
           Sec. 25.  [NONSEVERABILITY.] 
           Notwithstanding Minnesota Statutes, section 645.20, the 
        provisions of section 24, the minimum and maximum benefit rates 
        of section 10, and the changes in permanent partial disability 
        impairment ratings and corresponding dollar amounts of section 
        11 are not severable, and the provisions of section 24, the 
        minimum and maximum benefit rates of section 10, and the changes 
        in permanent partial disability impairment ratings and 
        corresponding dollar amounts of section 11 shall not be 
        effective unless the $325,000,000 referenced in section 24 is 
        used to reduce the rate of assessment as required by section 24, 
        subdivision 2, by satisfying liabilities of the special 
        compensation fund.  If any of the following events occur on or 
        before June 1, 2003, the provisions of section 24, the minimum 
        and maximum benefit rates of section 10, and the changes in 
        permanent partial disability impairment ratings and 
        corresponding dollar amounts of section 11 are repealed and the 
        law as it existed prior to the enactment of these sections shall 
        be reinstated effective 90 days following the occurrence of any 
        of the following events and the law, as reinstated, shall be 
        applicable to any personal injuries occurring after the date of 
        reinstatement: 
           (1) section 24 is invalidated by final court adjudication 
        not subject to further appeal; or 
           (2) the $325,000,000 referenced in section 24 is 
        transferred and the funds are used in a manner or for a purpose 
        inconsistent with the requirements of section 24. 
           If any of the foregoing events described in clause (1) or 
        (2) should occur on or before June 1, 2003, any unexpended funds 
        transferred to the special compensation fund under section 24 
        shall be returned to the assigned risk plan. 
           Sec. 26.  [NO CLAIM OF RIGHT.] 
           The transfer of funds required by section 24 does not 
        create a right nor impose a liability on any person or fund to 
        the funds transferred except as provided in section 24.  If, for 
        any reason, funds cannot be transferred as required by section 
        24, the funds shall remain in the assigned risk plan fund.  
           Sec. 27.  [TRANSFER PRIORITY.] 
           The transfer of excess surplus required by section 24 shall 
        be made prior to any other transfer of excess surplus from the 
        assigned risk plan fund authorized by laws passed at the regular 
        session of the 2000 legislature. 
           Sec. 28.  [REPEALER.] 
           Minnesota Statutes 1998, section 176.129, subdivision 2, is 
        repealed. 
           Sec. 29.  [EFFECTIVE DATES.] 
           Sections 1, 10, 11, and 14 are effective for dates of 
        injury on or after October 1, 2000.  Section 9 is effective for 
        written notices of claims for legal services that were filed on 
        or after August 1, 2000.  Sections 16, 17, and 18 are effective 
        for dates of injury on or after the day following final 
        enactment.  Sections 23 to 28 are effective the day following 
        final enactment. 
           Presented to the governor April 25, 2000 
           Signed by the governor April 27, 2000, 11:42 a.m.