1997 Minnesota Statutes

     176.2615 Small claims court. 

    Subdivision 1.    Purpose.  There is established in the 
 department of labor and industry a small claims court, to be 
 presided over by settlement judges for the purpose of settling 
 small claims. 

    Subd. 2.    Eligibility.  The claim is eligible for 
 determination in the small claims court if all parties agree to 
 submit to its jurisdiction; and 

    (1) the claim is for rehabilitation benefits only under 
 section 176.102 or medical benefits only under section 176.135; 
 or 

    (2) the claim in its total amount does not equal more than 
 $5,000; or 

    (3) where the claim is for apportionment or for 
 contribution or reimbursement, no counterclaim in excess of 
 $5,000 is asserted. 

    Subd. 3.    Testimony; exhibits.  At the hearing a 
 settlement judge shall hear the testimony of the parties and 
 consider any exhibits offered by them and may also hear any 
 witnesses introduced by either party. 

    Subd. 4.    Appearance of parties.  A party may appear 
 on the party's own behalf without an attorney, or may retain and 
 be represented by a duly admitted attorney who may participate 
 in the hearing to the extent and in the manner that the 
 settlement judge considers helpful.  Attorney fees awarded under 
 this subdivision are included in the overall limit allowed under 
 section 176.081, subdivision 1. 

    Subd. 5.    Evidence admissible.  At the hearing the 
 settlement judge shall receive evidence admissible under the 
 rules of evidence.  In addition, in the interest of justice and 
 summary determination of issues before the court, the settlement 
 judge may receive, in the judge's discretion, evidence not 
 otherwise admissible.  The settlement judge, on the judge's own 
 motion, may receive into evidence any documents which have been 
 filed with the department. 

    Subd. 6.    Settlement.  A settlement judge may attempt 
 to conciliate the parties.  If the parties agree on a 
 settlement, the judge shall issue an order in accordance with 
 that settlement. 

    Subd. 7.    Determination.  If the parties do not agree 
 to a settlement, the settlement judge shall summarily hear and 
 determine the issues and issue an order in accordance with 
 section 176.305, subdivision 1a, except that there is no appeal 
 or request for a formal de novo hearing from the order.  Any 
 determination by a settlement judge shall be res judicata in 
 subsequent proceeding concerning issues determined under this 
 section. 

    Subd. 8.    Costs.  The prevailing party is entitled to 
 costs and disbursements as in any other workers' compensation 
 case. 

    HIST: 1992 c 510 art 2 s 7; 1995 c 231 art 2 s 93