Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 90-S.F.No. 1716 
                  An act relating to workers' compensation; adopting 
                  recommendations of the Workers' Compensation Advisory 
                  Council; amending Minnesota Statutes 2004, sections 
                  176.011, subdivision 9; 176.041, by adding a 
                  subdivision; 176.081, subdivision 1; 176.092, 
                  subdivision 1a; 176.102, subdivision 3a; 176.106, 
                  subdivision 1; 176.129, subdivisions 1b, 2a, 13; 
                  176.135, subdivisions 1, 7; 176.1351, subdivision 5; 
                  176.1812, subdivision 1; 176.185, subdivisions 1, 7, 
                  by adding a subdivision; 176.231, subdivision 5; 
                  176.238, subdivision 10; 176.391, subdivision 2; 
                  repealing Minnesota Statutes 2004, section 176.1812, 
                  subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, 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 in emergency management as defined in section 12.03, 
        subdivision 4, who is: 
           (i) registered with the state or any political subdivision 
        of it, according to the procedures set forth in the state or 
        political subdivision emergency operations plan; and 
           (ii) acting under the direction and control of, and within 
        the scope of duties approved by, the state or political 
        subdivision.  
        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 education, 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. 
           [EFFECTIVE DATE.] This section is effective for injuries 
        occurring on or after the day following final enactment. 
           Sec. 2.  Minnesota Statutes 2004, section 176.041, is 
        amended by adding a subdivision to read: 
           Subd. 5b.  [NORTH DAKOTA EMPLOYERS.] Notwithstanding the 
        provisions of subdivision 4, workers' compensation benefits for 
        an employee hired in North Dakota by a North Dakota employer, 
        arising out of that employee's temporary work in Minnesota, 
        shall not be payable under this chapter.  North Dakota workers' 
        compensation law provides the exclusive remedy available to the 
        injured worker.  For purposes of this subdivision, temporary 
        work means work in Minnesota for a period of time not to exceed 
        15 consecutive calendar days or a maximum of 240 total hours 
        worked by that employee in a calendar year. 
           [EFFECTIVE DATE.] This section is effective for dates of 
        injury occurring on or after October 1, 2005. 
           Sec. 3.  Minnesota Statutes 2004, 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. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 4.  Minnesota Statutes 2004, section 176.092, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [PARENT AS GUARDIAN.] A parent is presumed to be 
        the guardian of the minor employee for purposes of this 
        section.  Where the parents of the minor employee are divorced, 
        either parent with legal custody may be considered the guardian 
        for purposes of this section.  Notwithstanding subdivision 1, 
        where the employee receives or is eligible for a lump sum 
        payment of permanent total disability benefits, supplementary 
        benefits, or permanent partial disability benefits totaling more 
        than $3,000 or if the employee receives or is offered a 
        settlement that exceeds five times the statewide average weekly 
        wage, the compensation judge shall review such cases to 
        determine whether benefits should be paid in a lump sum or 
        through an annuity. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  Minnesota Statutes 2004, section 176.102, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [DISCIPLINARY ACTIONS.] The panel has authority 
        to discipline qualified rehabilitation consultants and vendors 
        and may impose a penalty of up to $3,000 per violation, payable 
        to the commissioner for deposit in the special compensation fund 
        assigned risk safety account, and may suspend or revoke 
        certification.  Complaints against registered qualified 
        rehabilitation consultants and vendors shall be made to the 
        commissioner who shall investigate all complaints.  If the 
        investigation indicates a violation of this chapter or rules 
        adopted under this chapter, the commissioner may initiate a 
        contested case proceeding under the provisions of chapter 14.  
        In these cases, the rehabilitation review panel shall make the 
        final decision following receipt of the report of an 
        administrative law judge.  The decision of the panel is 
        appealable to the Workers' Compensation Court of Appeals in the 
        manner provided by section 176.421.  The panel shall 
        continuously study rehabilitation services and delivery, develop 
        and recommend rehabilitation rules to the commissioner, and 
        assist the commissioner in accomplishing public education. 
           The commissioner may appoint alternates for one-year terms 
        to serve as a member when a member is unavailable.  The number 
        of alternates shall not exceed one labor member, one employer or 
        insurer member, and one member representing medicine, 
        chiropractic, or rehabilitation. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 6.  Minnesota Statutes 2004, section 176.106, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE.] All determinations by the 
        commissioner or the commissioner's designee pursuant to section 
        176.102, 176.103, 176.135, or 176.136 shall be in accordance 
        with the procedures contained in this section.  For medical 
        disputes under sections 176.135 and 176.136, the commissioner or 
        the commissioner's designee shall have jurisdiction to hold an 
        administrative conference and issue decisions and orders under 
        this section if the amount in dispute at the time the medical 
        request is filed is $7,500 or less. 
           [EFFECTIVE DATE.] This section is effective for medical 
        requests filed on or after the day following final enactment. 
           Sec. 7.  Minnesota Statutes 2004, section 176.129, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [DEFINITIONS.] (a) For purposes of this section, 
        the terms defined in this subdivision have the meanings given 
        them. 
           (b) "Paid indemnity losses" means gross benefits paid for 
        temporary total disability, economic recovery compensation, 
        permanent partial disability, temporary partial disability, 
        impairment compensation, permanent total disability, vocational 
        rehabilitation benefits retraining compensation paid to the 
        employee as provided by section 176.102, subdivision 11, or 
        dependency benefits, exclusive of medical and supplementary 
        benefits.  In the case of policy deductibles, paid indemnity 
        losses includes all benefits paid, including the amount below 
        deductible limits. 
           (c) "Standard workers' compensation premium" means the data 
        service organization's designated statistical reporting pure 
        premium after the application of experience rating plan 
        adjustments excluding retrospective rating plan adjustments, 
        other individual risk rating plan adjustments such as schedule 
        rating, premium credits for small and large deductible coverage, 
        and other deviations from the data service organization's 
        designated statistical reporting pure premiums and experience 
        rating plan modification factors but prior to the application of 
        premium discounts, policyholder dividends, other premium 
        adjustments, and expense constants, and other deviations from 
        the designated statistical reporting pure premium. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 8.  Minnesota Statutes 2004, section 176.129, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [PAYMENTS TO FUND.] (a) On or before April 1 of 
        each year, all self-insured employers shall report paid 
        indemnity losses and insurers shall report paid indemnity losses 
        and standard workers' compensation premium in the form and 
        manner prescribed by the commissioner.  On June 1 of each year, 
        the commissioner shall determine the total amount needed to pay 
        all estimated liabilities, including administrative expenses, of 
        the special compensation fund for the following fiscal year.  
        The commissioner shall assess this amount against self-insured 
        employers and insurers.  The total amount of the assessment must 
        be allocated between self-insured employers and insured 
        employers based on paid indemnity losses for the preceding 
        calendar year, as provided by paragraph (b).  The method of 
        assessing self-insured employers must be based on paid indemnity 
        losses, as provided by paragraph (c).  The method of assessing 
        insured employers is based on standard workers' compensation 
        premium, collectible as provided by paragraph (c).  Each insurer 
        shall collect the assessment through a policyholder surcharge as 
        provided by paragraph (d).  On or before June 30 of each year, 
        the commissioner shall provide notification to each self-insured 
        employer and insurer of amounts due.  Each self-insured employer 
        and each insurer shall pay at least one-half of the payment 
        shall be made amount due to the commissioner for deposit into 
        the special compensation fund on or before August 1 of the same 
        calendar year.  The remaining balance is due on February 1 of 
        the following calendar year.  Each insurer must pay the full 
        amount due as stated in the commissioner's notification, 
        regardless of the amount the insurer actually collects from the 
        premium surcharge. 
           (b) The portion of the total amount assessment that is 
        collected from allocated to self-insured employers is equal to 
        that the proportion of the that paid indemnity losses for the 
        preceding calendar year, which the paid indemnity losses of made 
        by all self-insured employers bore to the total paid indemnity 
        losses made by all self-insured employers and insured employers 
        during the preceding calendar year.  The portion of the 
        total amount assessment that is collected from allocated to 
        insured employers is equal to that the proportion of the total 
        that paid indemnity losses made on behalf of all insured 
        employers bore to the total paid indemnity losses on behalf of 
        made by all self-insured employers and insured employers during 
        the preceding calendar year.  
           (c) The portion of the total assessment allocated to 
        self-insured employers that shall be paid by each self-insured 
        employer must be based upon paid indemnity losses made by that 
        self-insured employer during the preceding calendar year.  The 
        portion of the total assessment allocated to insured employers 
        that is collected from paid by each insured employer insurer 
        must be based on standard workers' compensation premium written 
        earned in the state by that insurer during the preceding 
        calendar year.  An employer who has ceased to be self-insured 
        shall continue to be liable for assessments based on paid 
        indemnity losses made by the employer in the preceding calendar 
        year. arising out of injuries occurring during periods when the 
        employer was self-insured, unless the self-insured employer has 
        purchased a replacement policy covering those losses.  An 
        insurer who assumes a self-insured employer's obligation under a 
        replacement policy shall separately report and pay assessments 
        based on indemnity losses paid by the insurer under the 
        replacement policy.  The replacement policy may provide for 
        reimbursement of the assessment to the insurer by the 
        self-insured employer. 
           (c) (d) Insurers shall collect the assessments from their 
        insured employers through a surcharge based on standard workers' 
        compensation premium, as provided in paragraph (a) for each 
        employer.  Assessments when collected do not constitute an 
        element of loss for the purpose of establishing rates for 
        workers' compensation insurance but for the purpose of 
        collection are treated as separate costs imposed on insured 
        employers.  The premium surcharge is included in the definition 
        of gross premium as defined in section 297I.01.  An insurer may 
        cancel a policy for nonpayment of the premium surcharge.  The 
        premium surcharge is excluded from the definition of premium 
        except as otherwise provided in this paragraph.  
           (e) For purposes of this section, the workers' compensation 
        assigned-risk plan established under section 79.252, shall 
        report and pay assessments on standard workers' compensation 
        premium in the same manner as an insurer. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 9.  Minnesota Statutes 2004, section 176.129, 
        subdivision 13, is amended to read: 
           Subd. 13.  [EMPLOYER REPORTS.] All employers and insurers 
        shall make reports to the commissioner as required for the 
        proper administration of this section and Minnesota Statutes 
        1990, section 176.131, and Minnesota Statutes 1994, section 
        176.132.  Employers and insurers may not be reimbursed from the 
        special compensation fund for any periods unless the employer or 
        insurer is up to date with all past due and currently due 
        assessments, penalties, and reports to the special compensation 
        fund under this section.  The commissioner may allow an offset 
        of the reimbursements due an employer or insurer pursuant to 
        Minnesota Statutes 1990, section 176.131, and Minnesota Statutes 
        1994, section 176.132, against the assessment due under the 
        section. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 10.  Minnesota Statutes 2004, section 176.135, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEDICAL, PSYCHOLOGICAL, CHIROPRACTIC, 
        PODIATRIC, SURGICAL, HOSPITAL.] (a) The employer shall furnish 
        any medical, psychological, chiropractic, podiatric, surgical 
        and hospital treatment, including nursing, medicines, medical, 
        chiropractic, podiatric, and surgical supplies, crutches and 
        apparatus, including artificial members, or, at the option of 
        the employee, if the employer has not filed notice as 
        hereinafter provided, Christian Science treatment in lieu of 
        medical treatment, chiropractic medicine and medical supplies, 
        as may reasonably be required at the time of the injury and any 
        time thereafter to cure and relieve from the effects of the 
        injury.  This treatment shall include treatments necessary to 
        physical rehabilitation. 
           (b) The employer shall pay for the reasonable value of 
        nursing services provided by a member of the employee's family 
        in cases of permanent total disability.  
           (c) Exposure to rabies is an injury and an employer shall 
        furnish preventative treatment to employees exposed to rabies. 
           (d) The employer shall furnish replacement or repair for 
        artificial members, glasses or spectacles, artificial eyes, 
        podiatric orthotics, dental bridge work, dentures or artificial 
        teeth, hearing aids, canes, crutches, or wheel chairs damaged by 
        reason of an injury arising out of and in the course of the 
        employment.  For the purpose of this paragraph, "injury" 
        includes damage wholly or in part to an artificial member.  In 
        case of the employer's inability or refusal seasonably to 
        provide the items required to be provided under this paragraph, 
        the employer is liable for the reasonable expense incurred by or 
        on behalf of the employee in providing the same, including costs 
        of copies of any medical records or medical reports that are in 
        existence, obtained from health care providers, and that 
        directly relate to the items for which payment is sought under 
        this chapter, limited to the charges allowed by subdivision 7, 
        and attorney fees incurred by the employee.  
           (e) Both the commissioner and the compensation judges have 
        authority to make determinations under this section in 
        accordance with sections 176.106 and 176.305.  
           (f) An employer may require that the treatment and supplies 
        required to be provided by an employer by this section be 
        received in whole or in part from a managed care plan certified 
        under section 176.1351 except as otherwise provided by that 
        section. 
           (g) An employer may designate a pharmacy or network of 
        pharmacies that employees must use to obtain outpatient 
        prescription and nonprescription medications.  An employee is 
        not required to obtain outpatient medications at a designated 
        pharmacy unless the pharmacy is located within 15 miles of the 
        employee's place of residence. 
           (h) Notwithstanding any fees established by rule adopted 
        under section 176.136, an employer may contract for the cost of 
        medication provided to employees. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 11.  Minnesota Statutes 2004, section 176.135, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MEDICAL BILLS AND RECORDS.] Health care 
        providers shall submit to the insurer an itemized statement of 
        charges on a billing form prescribed by the commissioner.  A 
        paper billing form is not required if the health care provider 
        and insurer agree to electronic submission under section 62J.535.
        Health care providers shall also submit copies of medical 
        records or reports that substantiate the nature of the charge 
        and its relationship to the work injury.  Health care providers 
        may charge for copies of any records or reports that are in 
        existence and directly relate to the items for which payment is 
        sought under this chapter.  The commissioner shall adopt a 
        schedule of reasonable charges by rule. 
           A health care provider shall not collect, attempt to 
        collect, refer a bill for collection, or commence an action for 
        collection against the employee, employer, or any other party 
        until the information required by this section has been 
        furnished.  
           A United States government facility rendering health care 
        services to veterans is not subject to the uniform billing form 
        requirements of this subdivision. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 12.  Minnesota Statutes 2004, section 176.1351, 
        subdivision 5, is amended to read: 
           Subd. 5.  [REVOCATION, SUSPENSION, AND REFUSAL TO CERTIFY; 
        PENALTIES AND ENFORCEMENT.] (a) The commissioner shall refuse to 
        certify or shall revoke or suspend the certification of a 
        managed care plan if the commissioner finds that the plan for 
        providing medical or health care services fails to meet the 
        requirements of this section, or service under the plan is not 
        being provided in accordance with the terms of a certified plan. 
           (b) In lieu of or in addition to suspension or revocation 
        under paragraph (a), the commissioner may, for any noncompliance 
        with the managed care plan as certified or any violation of a 
        statute or rule applicable to a managed care plan, assess an 
        administrative penalty payable to the commissioner for deposit 
        in the special compensation fund assigned risk safety account in 
        an amount up to $25,000 for each violation or incidence of 
        noncompliance.  The commissioner may adopt rules necessary to 
        implement this subdivision.  In determining the level of an 
        administrative penalty, the commissioner shall consider the 
        following factors: 
           (1) the number of workers affected or potentially affected 
        by the violation or noncompliance; 
           (2) the effect or potential effect of the violation or 
        noncompliance on workers' health, access to health services, or 
        workers' compensation benefits; 
           (3) the effect or potential effect of the violation or 
        noncompliance on workers' understanding of their rights and 
        obligations under the workers' compensation law and rules; 
           (4) whether the violation or noncompliance is an isolated 
        incident or part of a pattern of violations; and 
           (5) the potential or actual economic benefits derived by 
        the managed care plan or a participating provider by virtue of 
        the violation or noncompliance. 
           The commissioner shall give written notice to the managed 
        care plan of the penalty assessment and the reasons for the 
        penalty.  The managed care plan has 30 days from the date the 
        penalty notice is issued within which to file a written request 
        for an administrative hearing and review of the commissioner's 
        determination pursuant to section 176.85, subdivision 1. 
           (c) If the commissioner, for any reason, has cause to 
        believe that a managed care plan has or may violate a statute or 
        rule or a provision of the managed care plan as certified, the 
        commissioner may, before commencing action under paragraph (a) 
        or (b), call a conference with the managed care plan and other 
        persons who may be involved in the suspected violation or 
        noncompliance for the purpose of ascertaining the facts relating 
        to the suspected violation or noncompliance and arriving at an 
        adequate and effective means of correcting or preventing the 
        violation or noncompliance.  The commissioner may enter into 
        stipulated consent agreements with the managed care plan for 
        corrective or preventive action or the amount of the penalty to 
        be paid.  Proceedings under this paragraph shall not be governed 
        by any formal procedural requirements, and may be conducted in a 
        manner the commissioner deems appropriate under the 
        circumstances. 
           (d) The commissioner may issue an order directing a managed 
        care plan or a representative of a managed care plan to cease 
        and desist from engaging in any act or practice that is not in 
        compliance with the managed care plan as certified, or that it 
        is in violation of an applicable statute or rule.  Within 30 
        days of service of the order, the managed care plan may request 
        review of the cease and desist order by an administrative law 
        judge pursuant to chapter 14.  The decision of the 
        administrative law judge shall include findings of fact, 
        conclusions of law and appropriate orders, which shall be the 
        final decision of the commissioner.  In the event of 
        noncompliance with a cease and desist order, the commissioner 
        may institute a proceeding in district court to obtain 
        injunctive or other appropriate relief. 
           (e) A managed care plan, participating health care 
        provider, or an employer or insurer that receives services from 
        the managed care plan, shall cooperate fully with an 
        investigation by the commissioner.  For purposes of this 
        section, cooperation includes, but is not limited to, attending 
        a conference called by the commissioner under paragraph (c), 
        responding fully and promptly to any questions relating to the 
        subject of the investigation, and providing copies of records, 
        reports, logs, data, and other information requested by the 
        commissioner to assist in the investigation.  
           (f) Any person acting on behalf of a managed care plan who 
        knowingly submits false information in any report required to be 
        filed by a managed care plan is guilty of a misdemeanor. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 13.  Minnesota Statutes 2004, section 176.1812, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS.] Upon appropriate filing, 
        the commissioner, compensation judge, Workers' Compensation 
        Court of Appeals, and courts shall recognize as valid and 
        binding a provision in a collective bargaining agreement between 
        a qualified employer or qualified groups of employers engaged in 
        construction, construction maintenance, and related activities 
        and the certified and exclusive representative of its employees 
        to establish certain obligations and procedures relating to 
        workers' compensation.  For purposes of this section, "qualified 
        employer" means any self-insured employer, any employer, through 
        itself or any affiliate as defined in section 60D.15, 
        subdivision 2, who is responsible for the first $100,000 or more 
        of any claim, or a private employer developing or projecting an 
        annual workers' compensation premium, in Minnesota, of $250,000 
        or more.  For purposes of this section, a "qualified group of 
        employers" means a group of private employers engaged in 
        workers' compensation group self-insurance complying with 
        chapter 79A, or a group of private employers who purchase 
        workers' compensation insurance as a group, which develops or 
        projects annual workers' compensation insurance premiums of 
        $2,000,000 or more.  This agreement must be limited to, but need 
        not include, all of the following: 
           (a) an alternative dispute resolution system to supplement, 
        modify, or replace the procedural or dispute resolution 
        provisions of this chapter.  The system may include mediation, 
        arbitration, or other dispute resolution proceedings, the 
        results of which may be final and binding upon the parties.  A 
        system of arbitration shall provide that the decision of the 
        arbiter is subject to review either by the Workers' Compensation 
        Court of Appeals in the same manner as an award or order of a 
        compensation judge or, in lieu of review by the Workers' 
        Compensation Court of Appeals, by the Office of Administrative 
        Hearings, by the district court, by the Minnesota Court of 
        Appeals, or by the Supreme Court in the same manner as the 
        Workers' Compensation Court of Appeals and may provide that any 
        arbiter's award disapproved by a court be referred back to the 
        arbiter for reconsideration and possible modification; 
           (b) an agreed list of providers of medical treatment that 
        may be the exclusive source of all medical and related treatment 
        provided under this chapter which need not be certified under 
        section 176.1351; 
           (c) the use of a limited list of impartial physicians to 
        conduct independent medical examinations; 
           (d) the creation of a light duty, modified job, or return 
        to work program; 
           (e) the use of a limited list of individuals and companies 
        for the establishment of vocational rehabilitation or retraining 
        programs which list is not subject to the requirements of 
        section 176.102; 
           (f) the establishment of safety committees and safety 
        procedures; or 
           (g) the adoption of a 24-hour health care coverage plan if 
        a 24-hour plan pilot project is authorized by law, according to 
        the terms and conditions authorized by that law. 
           Sec. 14.  Minnesota Statutes 2004, section 176.185, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE OF COVERAGE, TERMINATION, 
        CANCELLATION; NOTICE TO INSURED BEFORE POLICY CANCELLATION, 
        TERMINATION OR NONRENEWAL.] (a) Within ten days after the 
        issuance or renewal of a policy of insurance covering the 
        liability to pay compensation under this chapter written by an 
        insurer licensed to insure such liability in this state, the 
        insurer shall file notice of coverage with the commissioner 
        under rules and on forms prescribed by the commissioner.  No 
        policy shall be canceled by the insurer within the policy period 
        nor terminated upon its expiration date until a notice in 
        writing is delivered or mailed to the insured and filed with the 
        commissioner, fixing the date on which it is proposed to cancel 
        it, or declaring that meets all of the requirements in 
        paragraphs (a) to (c). 
           (a) The notice must specify the date the policy will be 
        terminated if the premium is not paid, declare that the 
        insurer intends to cancel the policy by the specified date, or 
        does not intend to renew the policy upon the expiration date.  A 
        cancellation or termination is not effective until 30 days after 
        written notice has been filed with the commissioner in a manner 
        prescribed by the commissioner unless prior to the expiration of 
        the 30 day period 
           (b) The notice must include the following statement, which 
        must be placed on or sent with the premium invoice or other 
        document sent by the insurer to notify the insured of the 
        intended cancellation or termination:  "You must maintain 
        workers' compensation insurance, or obtain permission to 
        self-insure for workers' compensation from the Minnesota 
        Department of Commerce.  The failure to maintain workers' 
        compensation coverage is a violation of section 176.181, and 
        could result in criminal prosecution and civil penalties of up 
        to $1,000 per week per uninsured employee."  This statement must 
        be in at least 12-point font, bold-faced type, and be set out in 
        a separate paragraph. 
           (c) The notice must be mailed or delivered to the insured 
        at least 60 days before the actual date the policy is due to 
        expire or be terminated or canceled.  This 60-day advance notice 
        to the insured applies to cancellation, termination, or 
        nonrenewal of all workers' compensation policies for any reason, 
        notwithstanding any contrary time frame for notice to the 
        policyholder in section 60A.36 or 60A.37. 
           Subd. 1a.  [NOTICE TO COMMISSIONER OF CANCELLATION OR 
        TERMINATION; EFFECTIVE DATE.] (a) Within ten calendar days after 
        the specified cancellation or termination date, the insurer must 
        send to the insured and file with the commissioner a written 
        notice of cancellation or termination in the manner prescribed 
        by the commissioner.  Upon the commissioner's request, the 
        insurer shall provide documentation of the dates the notices 
        required by this subdivision and subdivision 1 were sent to the 
        insured.  The effective dates of cancellation or termination 
        specified in paragraphs (b) to (e) apply notwithstanding any 
        contrary time frames in section 60A.36 or 60A.37. 
           (b) If within the ten calendar days after the specified 
        cancellation or termination date the notice of cancellation or 
        termination is both sent to the insured and received by the 
        commissioner, the cancellation or termination shall be effective 
        on the date specified on the notice of cancellation or 
        termination, except as otherwise provided in paragraph (d). 
           (c) If within the ten calendar days after the specified 
        cancellation or termination date the notice of cancellation or 
        termination is not sent to the insured and received by the 
        commissioner, the cancellation or termination shall not be 
        effective until the notice has been sent to the insured and 
        received by the commissioner, except as otherwise provided in 
        paragraph (d) or (e). 
           (d) If the notice required by subdivision 1 is not sent to 
        the insured or does not meet all of the requirements of 
        subdivision 1, the cancellation or termination shall not be 
        effective until 60 days after the notice of cancellation or 
        termination has been sent to the insured and received by the 
        commissioner, except as otherwise provided in paragraph (e). 
           (e) Paragraphs (c) and (d) do not extend the effective date 
        of cancellation or termination if, on or before the cancellation 
        or termination date determined under paragraph (c) or (d), the 
        employer obtains other insurance coverage or an order exempting 
        the employer from carrying insurance as provided in section 
        176.181.  Upon receipt of the notice, 
           Subd. 1b.  [CONTINUED OR REPLACEMENT COVERAGE.] If, after 
        receiving a notice of cancellation or termination of a policy 
        under subdivision 1a, the commissioner does not receive a notice 
        of continued or replacement coverage, the commissioner shall 
        notify the insured that the insured must obtain coverage from 
        some other licensed carrier and that, if unable to do so, the 
        insured shall request the commissioner of commerce to require 
        the issuance of a policy as provided in section 79.251, 
        subdivision 4.  Upon a cancellation or termination of a policy 
        by the insurer, the employer is entitled to be assigned a policy 
        in accordance with sections 79.251 and 79.252.  
           Subd. 1c.  [CANCELLATION BY EMPLOYER.] (b) Notice of 
        cancellation or termination by the insured shall be served upon 
        the insurer by written statement mailed or delivered to the 
        insurer.  Upon receipt of the notice, the insurer shall notify 
        the commissioner of the cancellation or termination and the 
        commissioner shall ask the employer for the reasons for the 
        cancellation or termination and notify the employer of the duty 
        under this chapter to insure the employer's employees.  
           (c) In addition to the requirements under paragraphs (a) 
        and (b), with respect to any trucker employer in classification 
        7219, 7230, 7231, or 7360 pursuant to the classification plan 
        required to be filed under section 79.61, if the insurer or its 
        agent has delivered or mailed a written certificate of insurance 
        certifying that a policy in the name of a trucker employer under 
        this paragraph is in force, then the insurer or its agent shall 
        also deliver or mail written notice of any midterm cancellation 
        to the trucker employer recipient of the certificate of 
        insurance at the address listed on the certificate.  If an 
        insurer or its agent fails to mail or deliver notice of any 
        midterm cancellation of the trucker employer's policy to the 
        trucker employer recipient of the certificate of insurance, then 
        the special compensation fund shall indemnify and hold harmless 
        the recipient from any award of benefits or other damages under 
        this chapter resulting from the failure to give notice. 
           Sec. 15.  Minnesota Statutes 2004, section 176.185, 
        subdivision 7, is amended to read: 
           Subd. 7.  [NOTICE, EFFECT.] Where an employer has properly 
        insured the payment of compensation to an employee, and posts a 
        notice in conspicuous places about the place of business stating 
        that there is insurance and the name of the insurer, and files a 
        copy of that notice with the commissioner of the Department of 
        Labor and Industry, the employee, or the employee's dependent, 
        shall proceed directly against the insurer.  In such case but 
        subject to subdivision 8 8a, the employer is released from 
        further liability in this respect. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 16.  Minnesota Statutes 2004, section 176.185, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [INSOLVENT INSURER.] (a) If an insurer is or 
        becomes insolvent as defined in section 60C.03, subdivision 8, 
        the insured employer is liable, as of May 23, 2003, for payment 
        of the compensable workers' compensation claims that were 
        covered under the employer's policy with the insolvent insurer, 
        to the extent that the Insurance Guaranty Association has 
        determined that the claims are not covered claims under chapter 
        60C.  This paragraph does not in any way limit the Insurance 
        Guarantee Association's right of recovery from an employer under 
        section 60C.11, subdivision 7, for workers' compensation claims 
        that are covered claims under chapter 60C. 
           The Insurance Guaranty Association shall notify the 
        employer and the commissioners of the Departments of Commerce 
        and Labor and Industry of the association's determination and of 
        the employer's liability under this subdivision.  The 
        association's failure to notify the employer or the 
        commissioners shall not relieve the employer of its liability 
        and obligations under this subdivision. 
           (b) An employer who is liable for payment of claims under 
        paragraph (a) shall have all of the rights, responsibilities, 
        and obligations of a self-insured employer under this chapter 
        for those claims only, but without the need for an order from 
        the commissioner of commerce.  The employer shall not be 
        self-insured for purposes of the workers' compensation 
        self-insurers' security fund under chapter 79A for those 
        claims.  The employer shall not be required to pay assessments 
        to the workers' compensation self-insurers' security fund, and 
        the security fund shall not be liable for the claims under 
        section 79A.10.  Notwithstanding any contrary provision of 
        chapter 60C, the Insurance Guaranty Association shall pay the 
        claims as covered claims under chapter 60C if the employer fails 
        to pay the claims as required under chapter 176 and the 
        commissioner of commerce determines that: 
           (1) the employer is the subject of a voluntary or 
        involuntary petition under the United States Bankruptcy Code, 
        title 11; 
           (2) a court of competent jurisdiction has declared the 
        employer to be bankrupt or insolvent; or 
           (3) the employer is insolvent. 
           (c) If the employer contracts with an entity or person to 
        administer the claims under paragraph (a), the entity or person 
        must be a licensed workers' compensation insurer or a licensed 
        third-party administrator under section 60A.23, subdivision 8.  
        The commissioner of commerce may require the employer to 
        contract with a licensed third-party administrator when the 
        commissioner determines it is necessary to ensure proper payment 
        of compensation under this chapter. 
           (d) For all claims that an employer is liable for under 
        paragraph (a) and pays on or after the effective date of this 
        subdivision, and for all deductible amounts an employer pays on 
        or after the effective date of this subdivision under an 
        employer's policy with an insurer that became insolvent before 
        May 23, 2003: 
           (1) the employer shall file reports and pay assessments to 
        the special compensation fund, according to the requirements of 
        section 176.129 that apply to self-insured employers, based on 
        paid indemnity losses for the claims and deductible amounts it 
        paid; and 
           (2) the employer may request supplementary benefit and 
        second injury reimbursement from the special compensation fund 
        for the claims and deductible amounts it paid, subject to 
        section 176.129, subdivision 13.  Reimbursement from the special 
        compensation fund is limited to claims that are eligible for 
        supplementary benefit and second injury reimbursement under 
        Minnesota Statutes 1990, section 176.131, and Minnesota Statutes 
        1994, section 176.132. 
           (e) For all claims for which an employer is liable under 
        paragraph (a) and paid between the date of the insurer's 
        insolvency and the effective date of this subdivision, and for 
        all deductible amounts an employer paid between the date of the 
        insurer's insolvency and the effective date of this subdivision 
        under an employer's policy with an insurer that became insolvent 
        before May 23, 2003, the employer may request supplementary 
        benefit and second injury reimbursement from the special 
        compensation fund, subject to section 176.129, subdivision 13, 
        if: 
           (1) the employer files reports and pays all past 
        assessments based on paid indemnity losses, for all claims and 
        deductible amounts it paid from the date of the insolvency of 
        the insurer to the effective date of this subdivision, at the 
        rate that was in effect for self-insured employers under section 
        176.129 during the applicable assessment reporting period; 
           (2) the employer has a pending request for reimbursement of 
        the claims and deductible amounts it paid from the special 
        compensation fund as of the effective date of this subdivision, 
        or files a request for reimbursement within one year after the 
        effective date of this subdivision; and 
           (3) the claims are eligible for supplementary benefit and 
        second injury reimbursement under Minnesota Statutes 1990, 
        section 176.131, and Minnesota Statutes 1994, section 176.132. 
           (f) An employer who is liable for claims under paragraph (a)
        shall be eligible for reimbursement from the Workers' 
        Compensation Reinsurance Association under chapter 79 for those 
        claims to the extent they exceed the applicable retention limit 
        selected by the insolvent insurer and if the employer has 
        complied with the requirements for reimbursement established by 
        the Workers' Compensation Reinsurance Association for its 
        self-insured members.  The employer is not responsible for 
        payment of premiums to the reinsurance association to the extent 
        the premiums have been paid by the insolvent insurer. 
           (g) The expenses of the employer in handling the claims 
        paid under paragraph (a) are accorded the same priority as the 
        liquidator's expenses.  The employer must be recognized as a 
        claimant in the liquidation of an insolvent insurer for amounts 
        paid by the employer under this subdivision, and must receive 
        dividends and other distributions at the priority set forth in 
        chapter 60B.  The receiver, liquidator, or statutory successor 
        of an insolvent insurer is bound by settlements of claims made 
        by the employer under this subdivision.  The court having 
        jurisdiction shall grant the claims priority equal to that which 
        the claimant would have been entitled against the assets of the 
        insolvent insurer in the absence of this subdivision. 
           (h) The Workers' Compensation Reinsurance Association and 
        the special compensation fund, as a condition of directly 
        reimbursing an employer eligible for reimbursement, may require 
        the employer to hold it harmless from any claims by a 
        liquidator, receiver, or statutory successor to the insolvent 
        insurer that the Workers' Compensation Reinsurance Association 
        or special compensation fund improperly indemnified or 
        reimbursed the employer.  In no event shall the Workers' 
        Compensation Reinsurance Association or the special compensation 
        fund be required to reimburse any amounts for any claim more 
        than once. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 17.  Minnesota Statutes 2004, section 176.231, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FORMS FOR REPORTS.] The commissioner shall 
        prescribe forms for use in making the reports required by this 
        section.  The first report of injury form which the employer 
        submits shall include a declaration by the employer that the 
        employer will pay the compensation the law requires.  Forms 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.  
           Sec. 18.  Minnesota Statutes 2004, section 176.238, 
        subdivision 10, is amended to read: 
           Subd. 10.  [FINES; VIOLATION.] An employer who violates 
        requirements set forth in this section or section 176.239 is 
        subject to a fine of up to $1,000 for each violation payable to 
        the commissioner for deposit in the special compensation 
        fund assigned risk safety account. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 19.  Minnesota Statutes 2004, section 176.391, 
        subdivision 2, is amended to read: 
           Subd. 2.  [APPOINTMENT OF PHYSICIANS, SURGEONS, AND OTHER 
        EXPERTS.] The compensation judge assigned to a matter, or the 
        commissioner, may appoint one or more neutral physicians or 
        surgeons from the list established by the commissioner to 
        examine the injury of the employee and report thereon except as 
        provided otherwise pursuant to section 176.1361.  Where 
        necessary to determine the facts, the services of other experts 
        may also be employed.  
           Sec. 20.  [REPEALER.] 
           Minnesota Statutes 2004, section 176.1812, subdivision 6, 
        is repealed. 
           Presented to the governor May 21, 2005 
           Signed by the governor May 25, 2005, 12:10 p.m.