1.1                          A bill for an act 
  1.2             relating to workers' compensation; changing time 
  1.3             limitation provisions; amending Minnesota Statutes 
  1.4             1996, section 176.151. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 176.151, is 
  1.7   amended to read: 
  1.8      176.151 [TIME LIMITATIONS.] 
  1.9      The time within which the following acts shall be performed 
  1.10  shall be limited to the following periods, respectively: 
  1.11     (1) ~~Actions or proceedings~~ An initial claim by an injured 
  1.12  employee pursuant to this chapter to determine or recover 
  1.13  compensation, three years after the employer has made written 
  1.14  report of the injury to the commissioner of the department of 
  1.15  labor and industry~~, but not to exceed six years from the date of~~ 
  1.16  ~~the accident~~.  Where the employer or insurer has made payment of 
  1.17  compensation, no claim for additional compensation shall be 
  1.18  allowed unless made within six years of the last payment of 
  1.19  compensation.  Where no written report of injury has been made, 
  1.20  or no payment of compensation has been made, the action or 
  1.21  proceeding must be commenced within six years of the date of the 
  1.22  accident.  
  1.23     Notwithstanding the limitation period described above, in 
  1.24  cases where primary liability has been admitted or adjudicated, 
  1.25  an injured employee may petition the workers' compensation court 
  2.1   of appeals for relief from the bar on additional compensation.  
  2.2   The workers' compensation court of appeals shall grant relief 
  2.3   from the bar only upon a showing by the employee that: 
  2.4      (a) the employer and insurer or self-insured employer have 
  2.5   admitted liability for the injury in question, or that the 
  2.6   employer and insurer's or self-insured employer's liability has 
  2.7   been found by adjudication; 
  2.8      (b) the claim could not have been brought within the 
  2.9   three-year limitation period described above; and 
  2.10     (c) the claim is for repair or replacement of a medical 
  2.11  device or additional surgery or treatment required as a result 
  2.12  of a previous procedure; or if barred, will result in undue 
  2.13  hardship to the employee.  
  2.14     For purposes of this section, "undue hardship" means the 
  2.15  employee has no other source of income, is not eligible for any 
  2.16  other wage replacement benefits from any governmental source, 
  2.17  and is totally disabled from employment. 
  2.18     (2) ~~Actions or proceedings~~ Claims by the dependents 
  2.19  pursuant to the terms of this chapter to determine or recover 
  2.20  compensation, three years after the receipt by the commissioner 
  2.21  of the department of labor and industry of written notice of 
  2.22  death, given by the employer, but not to exceed six years from 
  2.23  the date of injury~~, provided, however, if the employee was paid~~ 
  2.24  ~~compensation for the injury from which the death resulted, such~~ 
  2.25  ~~actions or proceedings by dependents must be commenced within~~ 
  2.26  ~~three years after the receipt by the commissioner of the~~ 
  2.27  ~~department of labor and industry of written notice of death,~~ 
  2.28  ~~given by the employer, but not to exceed six years from the date~~ 
  2.29  ~~of death~~.  In any such case, if a dependent of the deceased, or 
  2.30  any one in the dependent's behalf, gives written notice of such 
  2.31  death to the commissioner of the department of labor and 
  2.32  industry, the commissioner shall forthwith give written notice 
  2.33  to the employer of the time and place of such death.  In case 
  2.34  the deceased was a native of a foreign country and leaves no 
  2.35  known dependent within the United States, the commissioner of 
  2.36  the department of labor and industry shall give written notice 
  3.1   of the death to the consul or other representative of the 
  3.2   foreign country forthwith.  Where payments of compensation have 
  3.3   been made prior to the employee's death for injuries resulting 
  3.4   in the death, no claim by dependents shall be allowed more than 
  3.5   six years after the last payment, unless payments cease because 
  3.6   of the employee's death, in which case such proceedings or 
  3.7   actions by the dependent must be commenced within three years of 
  3.8   the employer's written notice of death to the commissioner of 
  3.9   the department of labor and industry, but not to exceed six 
  3.10  years from the date of death. 
  3.11     (3) In case of physical or mental incapacity, other than 
  3.12  minority, of the injured person or dependents to perform or 
  3.13  cause to be performed any act required within the time specified 
  3.14  in this section, the period of limitation in any such case shall 
  3.15  be extended for three years from the date when the incapacity 
  3.16  ceases.  
  3.17     (4) In the case of injury caused by X-rays, radium, 
  3.18  radioactive substances or machines, ionizing radiation, or any 
  3.19  other occupational disease, the time limitations otherwise 
  3.20  prescribed by Minnesota Statutes 1961, chapter 176, and acts 
  3.21  amendatory thereof, shall not apply, but the employee shall give 
  3.22  notice to the employer and commence an action within three years 
  3.23  after the employee has knowledge of the cause of such injury and 
  3.24  the injury has resulted in disability.