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    Subdivision 1. Premium reduction. Each insurer, including the assigned risk plan, issuing a
policy of insurance, must make available to an employer, upon request, the option to agree to
pay an amount per claim selected by the employer and specified in the policy toward the total
of any claim payable under chapter 176. The amount of premium to be paid by an employer
who selects a policy with a deductible shall be reduced based upon a rating schedule or rating
plan filed with and approved by the commissioner of commerce. Administration of claims shall
remain with the insurer as provided in the terms and conditions of the policy. Each insurer shall
notify its agents authorized to write workers' compensation insurance about the availability
and terms and conditions of deductibles required by this section, using a brochure in a format
approved by the commissioner.
    Subd. 2. Procedure for paying deductible. If an insured employer chooses a deductible, the
insured employer is liable for the amount of the deductible. The insurer shall administer the claim
as provided in the terms and conditions of the insurance policy and seek reimbursement from the
insured employer for the deductible. The payment or nonpayment of deductible amounts by the
insured employer to the insurer shall be treated under the policy insuring the liability for workers'
compensation in the same manner as payment or nonpayment of premiums.
    Subd. 3. Credit risk; exception. An insurer is not required to offer a deductible to an
employer if, as a result of a credit investigation, the insurer determines that the employer is not
sufficiently financially stable to be responsible for the payment of deductible amounts.
    Subd. 4. Reporting requirement. The existence of an insurance contract with a deductible
or the fact of payment as a result of a deductible does not affect the requirement of an employer to
report an injury or death to an insurer or the commissioner of labor and industry.
    Subd. 5. No employee liability. Nothing in this section alters the obligation of the employer
to provide the benefits required by this chapter. An employee is not responsible to pay all or a
part of the deductible chosen by an employer.
History: 1992 c 510 art 3 s 1

Official Publication of the State of Minnesota
Revisor of Statutes