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268.069 Payment of benefits.

Subdivision 1. Requirements. The commissioner shall pay benefits from the fund to an applicant who has met each of the following requirements:

(1) the applicant has filed an application for benefits and established a benefit account in accordance with section 268.07;

(2) the applicant is not subject to a disqualification from benefits under section 268.095;

(3) the applicant has met all of the ongoing weekly eligibility requirements under sections 268.085 and 268.086;

(4) the applicant does not have an outstanding overpayment of benefits, including any penalties or interest, under section 268.18; and

(5) the applicant is not subject to a denial of benefits under section 268.182.

Subd. 2. Benefits paid from state funds. Benefits are paid from state funds and shall not be considered paid from any special insurance plan, nor as paid by an employer. An application for benefits shall not be considered a claim against an employer but shall be considered a request for benefits from the fund. The commissioner has the responsibility for the proper payment of benefits regardless of the level of interest or participation by an applicant or an employer in any determination or appeal. An applicant's entitlement to benefits shall be determined based upon that information available without regard to any common law burden of proof, and any agreement between an applicant and an employer shall not be binding on the commissioner in determining an applicant's entitlement. There shall be no presumption of entitlement or nonentitlement to benefits.

Subd. 3. Common law. There shall be no equitable or common law denial or allowance of benefits.

HIST: 1997 c 66 s 28; 1998 c 265 s 45; 1999 c 107 s 40,66

Official Publication of the State of Minnesota
Revisor of Statutes