2006 Minnesota Statutes

115B.34 COMPENSABLE LOSSES.
    Subdivision 1. Personal injury losses. Losses compensable by the fund for personal injury
are limited to:
(1) medical expenses directly related to the claimant's injury;
(2) up to two-thirds of the claimant's lost wages not to exceed $2,000 per month or $24,000
per year;
(3) up to two-thirds of a self-employed claimant's lost income, not to exceed $2,000 per
month or $24,000 per year;
(4) death benefits to dependents which the agency shall define by rule subject to the
following conditions:
(i) the rule adopted by the agency must establish a schedule of benefits similar to that
established by section 176.111 and must not provide for the payment of benefits to dependents
other than those dependents defined in section 176.111;
(ii) the total benefits paid to all dependents of a claimant must not exceed $2,000 per month;
(iii) benefits paid to a spouse and all dependents other than children must not continue
for a period longer than ten years;
(iv) payment of benefits is subject to the limitations of section 115B.36; and
(5) the value of household labor lost due to the claimant's injury or disease, which must be
determined in accordance with a schedule established by the board by rule, not to exceed $2,000
per month or $24,000 per year.
    Subd. 2. Property damage losses. (a) Losses compensable by the fund for property damage
are limited to the following losses caused by damage to the principal residence of the claimant:
(1) the reasonable cost of replacing or decontaminating the primary source of drinking water
for the property not to exceed the amount actually expended by the claimant or assessed by a local
taxing authority, if the Department of Health has confirmed that the remedy provides safe drinking
water and advised that the water not be used for drinking or determined that the replacement or
decontamination of the source of drinking water was necessary, up to a maximum of $25,000;
(2) losses incurred as a result of a bona fide sale of the property at less than the appraised
market value under circumstances that constitute a hardship to the owner, limited to 75 percent
of the difference between the appraised market value and the selling price, but not to exceed
$25,000; and
(3) losses incurred as a result of the inability of an owner in hardship circumstances to sell
the property due to the presence of harmful substances, limited to the increase in costs associated
with the need to maintain two residences, but not to exceed $25,000.
(b) In computation of the loss under paragraph (a), clause (3), the agency shall offset the loss
by the amount of any income received by the claimant from the rental of the property.
(c) For purposes of paragraph (a), the following definitions apply:
(1) "appraised market value" means an appraisal of the market value of the property
disregarding any decrease in value caused by the presence of a harmful substance in or on the
property; and
(2) "hardship" means an urgent need to sell the property based on a special circumstance of
the owner including catastrophic medical expenses, inability of the owner to physically maintain
the property due to a physical or mental condition, and change of employment of the owner or
other member of the owner's household requiring the owner to move to a different location.
(d) Appraisals are subject to agency approval. The agency may adopt rules governing
approval of appraisals, criteria for establishing a hardship, and other matters necessary to
administer this subdivision.
History: 1Sp1985 c 8 s 13; 1989 c 325 s 45; 1991 c 199 art 1 s 26; 2002 c 379 art 2 s
13; 2003 c 128 art 2 s 23