1999 Minnesota Statutes

     268.069 Payment of benefits. 

    Subdivision 1.    Requirements.  The commissioner shall 
 pay benefits from the fund to an applicant who has met each of 
 the following requirements: 

    (1) the applicant has filed an application for benefits and 
 established a benefit account in accordance with section 268.07; 

    (2) the applicant is not subject to a disqualification from 
 benefits under section 268.095; 

    (3) the applicant has met all of the ongoing weekly 
 eligibility requirements under sections 268.085 and 268.086; 

    (4) the applicant does not have an outstanding overpayment 
 of benefits, including any penalties or interest, under section 
 268.18; and 

    (5) the applicant is not subject to a denial of benefits 
 under section 268.182. 

    Subd. 2.    Benefits paid from state funds.  Benefits 
 are paid from state funds and shall not be considered paid from 
 any special insurance plan, nor as paid by an employer.  An 
 application for benefits shall not be considered a claim against 
 an employer but shall be considered a request for benefits from 
 the fund.  The commissioner has the responsibility for the 
 proper payment of benefits regardless of the level of interest 
 or participation by an applicant or an employer in any 
 determination or appeal.  An applicant's entitlement to benefits 
 shall be determined based upon that information available 
 without regard to any common law burden of proof, and any 
 agreement between an applicant and an employer shall not be 
 binding on the commissioner in determining an applicant's 
 entitlement.  There shall be no presumption of entitlement or 
 nonentitlement to benefits. 

    Subd. 3.    Common law.  There shall be no equitable or 
 common law denial or allowance of benefits.  

    HIST: 1997 c 66 s 28; 1998 c 265 s 45; 1999 c 107 s 40,66