2007 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 490A.01 and
490A.02, 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.
History: 1981 c 346 s 42; 1986 c 444; 1990 c 506 art 1 s 1; 2006 c 271 art 11 s 48

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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1981 c 346 s 51