2003 Minnesota Statutes

CHAPTER 175A. Workers' compensation court of appeals

     175A.01 Creation. 

    Subdivision 1.    Establishment; membership.  The 
 Workers' Compensation Court of Appeals as previously constituted 
 is reconstituted as an independent agency in the executive 
 branch.  

    The court shall consist of five judges, each serving in the 
 unclassified service.  

    Subd. 2.    Appointment; terms; limitation.  Each judge 
 of the Workers' Compensation Court of Appeals shall be appointed 
 by the governor, by and with the advice and consent of the 
 senate, for a term of six years commencing at the expiration of 
 the preceding term.  Any vacancy shall be filled by the governor 
 for the unexpired term, subject to confirmation by the senate.  
 The terms of the judges shall expire on the first Monday in 
 January of the year in which they expire.  The terms of the 
 judges shall be staggered.  

    Subd. 3.    Qualifications.  To qualify for appointment 
 to the court, a candidate shall be learned in the law, have been 
 licensed to practice law for at least five years, and have 
 experience with and knowledge of workers' compensation and the 
 workers' compensation laws of Minnesota.  

    Subd. 4.    Standards of conduct.  The judges of the 
 Workers' Compensation Court of Appeals shall be subject to the 
 provisions of the Minnesota Constitution, article VI, section 6, 
 the jurisdiction of the Commission on Judicial Standards, as 
 provided in sections 490.15 and 490.16, and the provisions of 
 the Code of Judicial Conduct.  

    Subd. 5.    Jurisdiction.  The Workers' Compensation 
 Court of Appeals shall have statewide jurisdiction.  Except for 
 an appeal to the Supreme Court or any other appeal allowed under 
 this subdivision, the Workers' Compensation Court of Appeals 
 shall be the sole, exclusive, and final authority for the 
 hearing and determination of all questions of law and fact 
 arising under the workers' compensation laws of the state in 
 those cases that have been appealed to the Workers' Compensation 
 Court of Appeals and in any case that has been transferred by 
 the district court to the Workers' Compensation Court of 
 Appeals.  The Workers' Compensation Court of Appeals shall have 
 no jurisdiction in any case that does not arise under the 
 workers' compensation laws of the state or in any criminal case, 
 provided that the Workers' Compensation Court of Appeals shall 
 exercise appellate jurisdiction under the laws governing 
 employees of the state, a county, or other governmental 
 subdivision who contract tuberculosis and under chapter 352E.  

    Subd. 6.    Oath.  Each judge of the Workers' 
 Compensation Court of Appeals before entering upon the duties of 
 office, shall take the oath prescribed by law.  

    HIST: 1981 c 346 s 42; 1986 c 444; 1990 c 506 art 1 s 1 

     175A.02 Administrative officers. 

    Subdivision 1.    WCCA; chief judge.  The governor shall 
 designate a chief judge from among the judges.  The chief judge 
 shall have overall responsibility for administration of the 
 court, including acting as custodian of the court's files and 
 records and coordinator of hearing assignments.  The chief judge 
 may appoint an assistant administrator to assist the judge in 
 the performance of administrative duties.  The chief judge shall 
 also have responsibility for oversight of other judges and court 
 personnel with respect to timely performance of duties in a 
 professional manner.  

    Subd. 2.    District courts.  The court administrator of 
 district court in each county shall be the court administrator 
 of the Workers' Compensation Court of Appeals in that county.  
 Filing fees and library fees deposited with the court 
 administrator of district court in the capacity as clerk of the 
 Workers' Compensation Court of Appeals and in cases originally 
 commenced in district court and transferred to the Workers' 
 Compensation Court of Appeals shall be retained by the court 
 administrator of district court.  The Workers' Compensation 
 Court of Appeals court administrator in each county shall be 
 subject to the supervision of the chief judge appointed under 
 subdivision 1 in Workers' Compensation Court of Appeals matters. 

    HIST: 1981 c 346 s 43; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1990 c 506 art 1 s 2 

     175A.03 Political nonparticipation. 

    Every judge of the Workers' Compensation Court of Appeals 
 and every officer or employee of the Workers' Compensation Court 
 of Appeals who by solicitation or otherwise exerts influence, 
 directly or indirectly, to induce other officers or employees of 
 the state to adopt the inducer's political views, or to favor 
 any particular person or candidate for office, or to contribute 
 funds for campaign or political purposes, shall be removed from 
 office or position by the appointing authority.  

    HIST: 1981 c 346 s 44; 1986 c 444 

     175A.04 Office. 

    The Workers' Compensation Court of Appeals shall maintain 
 its main office within the Minneapolis-St. Paul metropolitan 
 area and be provided by the commissioner of administration with 
 suitable rooms and necessary furniture.  The offices of the 
 Workers' Compensation Court of Appeals and the Department of 
 Labor and Industry shall be in separate buildings.  The court 
 may hold sessions at any other place in the state when their 
 convenience and that of the parties interested so requires.  

    HIST: 1981 c 346 s 45 

     175A.05 Quorum. 

    A majority of the judges of the Workers' Compensation Court 
 of Appeals shall constitute a quorum for the exercise of the 
 powers conferred and the duties imposed on the Workers' 
 Compensation Court of Appeals except that all appeals shall be 
 heard by no more than a panel of three of the five judges unless 
 the case appealed is determined to be of exceptional importance 
 by the chief judge prior to assignment of the case to a panel, 
 or by a three-fifths vote of the judges prior to assignment of 
 the case to a panel or after the case has been considered by the 
 panel but prior to the service and filing of the decision.  A 
 vacancy shall not impair the ability of the remaining judges of 
 the Workers' Compensation Court of Appeals to exercise all the 
 powers and perform all of the duties of the Workers' 
 Compensation Court of Appeals.  

    HIST: 1981 c 346 s 46; 1983 c 301 s 145; 1990 c 506 art 1 s 3 

     175A.06 Sessions to be public. 

    The hearings of the Workers' Compensation Court of Appeals 
 shall be open to the public and may be adjourned from time to 
 time.  All the proceedings of the court shall be shown on its 
 records, which shall be public records.  

    HIST: 1981 c 346 s 47 

     175A.07 Powers. 

    Subdivision 1.    Process; procedures.  The Workers' 
 Compensation Court of Appeals shall keep such record of all its 
 proceedings as it deems appropriate and shall issue necessary 
 processes, writs, warrants, and notices which the Workers' 
 Compensation Court of Appeals is required or authorized to 
 issue.  Notices and other documents required to be served or 
 filed on the Workers' Compensation Court of Appeals shall be 
 served on the administrator of the court or the administrator's 
 delegate.  

    Subd. 2.    Personnel.  The chief judge of the Workers' 
 Compensation Court of Appeals shall appoint in the manner 
 provided by law all personnel required by the Workers' 
 Compensation Court of Appeals; except that, each judge shall 
 appoint the judge's own law clerks.  The law clerks are in the 
 unclassified service.  The commissioner of administration shall 
 provide the court with necessary additional staff and 
 administrative services, and the court shall reimburse the 
 commissioner for the cost of these services. 

    Subd. 3.    Power to review.  The Workers' Compensation 
 Court of Appeals shall have the powers of review provided in 
 chapter 176.  

    Subd. 4.    Rules.  The Workers' Compensation Court of 
 Appeals shall prescribe rules of practice before it in appellate 
 matters.  

    HIST: 1981 c 346 s 48; 1986 c 444; 1987 c 404 s 150; 1990 c 
 506 art 1 s 4 

     175A.08 Seal. 

    The Workers' Compensation Court of Appeals shall have a 
 seal for the authentication of its orders and proceedings, upon 
 which shall be inscribed the words, "Workers' Compensation Court 
 of Appeals of Minnesota" as the court of appeals may prescribe.  
 The courts of this state shall take judicial notice of such seal 
 and of the signatures of the judges of the Workers' Compensation 
 Court of Appeals; and in all cases copies of orders, 
 proceedings, or records of the Workers' Compensation Court of 
 Appeals, certified by a judge of the Workers' Compensation Court 
 of Appeals under its seal, shall be received in evidence, with 
 the same force and effect given to the originals.  

    HIST: 1981 c 346 s 49 

     175A.09 Travel expenses. 

    The workers' compensation judges of the court of appeals 
 and the officers, assistants, and employees of the Workers' 
 Compensation Court of Appeals shall be paid out of the state 
 treasury their actual and necessary expenses while traveling on 
 the business of the Workers' Compensation Court of Appeals.  
 Vouchers for such expenses shall be itemized and sworn to by the 
 persons incurring the expense, and be subject to the approval of 
 the Workers' Compensation Court of Appeals.  

    HIST: 1981 c 346 s 50 

     175A.10 Appeals and reviews. 

    Unless an appeal is taken to the district court, the right 
 of appeal provided in chapter 176 shall be the exclusive remedy 
 for reviewing the actions of the commissioner, the Workers' 
 Compensation Division or a compensation judge in a matter 
 arising under chapter 176.  On any appeal taken by an employee 
 or an employer or insurer to the Workers' Compensation Court of 
 Appeals, or the Supreme Court, the decision of the Workers' 
 Compensation Court of Appeals, or the decision of the Supreme 
 Court on its review, as the case may be, shall be final and 
 conclusive as to all parties to the proceedings as to all 
 matters at issue determined by a decision.  In all cases the 
 decision of the Workers' Compensation Court of Appeals on 
 appeal, or of the Supreme Court on review, as the case may be, 
 shall stand in lieu of the order of the commissioner or the 
 division or the compensation judge from whom the appeal was 
 taken.  

    HIST: 1981 c 346 s 51