2000 Minnesota Statutes

     176.361 Intervention. 

    Subdivision 1.    Right to intervene.  A person who has 
 an interest in any matter before the workers' compensation court 
 of appeals, or commissioner, or compensation judge such that the 
 person may either gain or lose by an order or decision may 
 intervene in the proceeding by filing an application in writing 
 stating the facts which show the interest.  The commissioner is 
 considered to have an interest and shall be permitted to 
 intervene at the appellate level when a party relies in its 
 claim or defense upon any statute or rule administered by the 
 commissioner, or upon any rule, order, requirement, or agreement 
 issued or made under the statute or rule.  

    The commissioner may adopt rules, not inconsistent with 
 this section to govern intervention.  The workers' compensation 
 court of appeals shall adopt rules to govern the procedure for 
 intervention in matters before it.  

    If the department of human services or the department of 
 economic security seeks to intervene in any matter before the 
 division, a compensation judge or the workers' compensation 
 court of appeals, a nonattorney employee of the department, 
 acting at the direction of the staff of the attorney general, 
 may prepare, sign, serve and file motions for intervention and 
 related documents, appear at prehearing conferences, and 
 participate in matters before a compensation judge or the 
 workers' compensation court of appeals.  Any other interested 
 party may intervene using a nonattorney and may participate in 
 any proceeding to the same extent an attorney could.  This 
 activity shall not be considered to be the unauthorized practice 
 of law.  An intervenor represented by a nonattorney shall be 
 deemed to be represented by an attorney for the purposes of the 
 conclusive presumption of section 176.521, subdivision 2. 

    Subdivisions 3 to 6 do not apply to matters pending in the 
 mediation or rehabilitation and medical services sections. 

    Subd. 2.    Written application.  A person desiring to 
 intervene in a workers' compensation case as a party, including 
 but not limited to a health care provider who has rendered 
 services to an employee or an insurer who has paid benefits 
 under section 176.191, shall submit a timely written application 
 to intervene to the commissioner, the office, or to the court of 
 appeals, whichever is applicable.  

    (a) The application must be served on all parties either 
 personally, by first class mail, or registered mail, return 
 receipt requested.  An application to intervene must be served 
 and filed within 30 days after a person has received notice that 
 a claim has been filed or a request for mediation made.  An 
 untimely application is subject to denial under subdivision 7.  

    (b) In any other situation, timeliness will be determined 
 by the commissioner, compensation judge, or awarding authority 
 in each case based on circumstances at the time of filing.  The 
 application must show how the applicant's legal rights, duties, 
 or privileges may be determined or affected by the case; state 
 the grounds and purposes for which intervention is sought; and 
 indicate the statutory right to intervene.  The application must 
 be accompanied by the following, if applicable, except that if 
 the action is pending in the mediation or rehabilitation and 
 medical services section, clause (6) is not required and the 
 information listed in clauses (1) to (5) may be brought to the 
 conference rather than attached to the application:  

    (1) an itemization of disability payments showing the 
 period during which the payments were or are being made; the 
 weekly or monthly rate of the payments; and the amount of 
 reimbursement claimed; 

    (2) a summary of the medical or treatment payments, or 
 rehabilitation services provided by the vocational 
 rehabilitation unit, broken down by creditor, showing the total 
 bill submitted, the period of treatment or rehabilitation 
 covered by that bill, the amount of payment on that bill, and to 
 whom the payment was made; 

    (3) copies of all medical or treatment bills on which some 
 payment was made; 

    (4) copies of the work sheets or other information stating 
 how the payments on medical or treatment bills were calculated; 

    (5) a copy of the relevant policy or contract provisions 
 upon which the claim for reimbursement is based; 

    (6) a proposed order allowing intervention with sufficient 
 copies to serve on all parties; 

    (7) the name and telephone number of the person 
 representing the intervenor who has authority to reach a 
 settlement of the issues in dispute; 

    (8) proof of service or copy of the registered mail 
 receipt; 

    (9) at the option of the intervenor, a proposed stipulation 
 which states that all of the payments for which reimbursement is 
 claimed are related to the injury or condition in dispute in the 
 case and that, if the petitioner is successful in proving the 
 compensability of the claim, it is agreed that the sum be 
 reimbursed to the intervenor; and 

    (10) if represented by an attorney, the name, address, 
 telephone number, and Minnesota Supreme Court license number of 
 the attorney. 

    Subd. 3.    Stipulation.  If the person submitting the 
 application for intervention has included a proposed 
 stipulation, all parties shall either execute and return the 
 signed stipulation to the intervenor who must file it with the 
 division or judge or serve upon the intervenor and all other 
 parties and file with the division specific and detailed 
 objections to any payments made by the intervenor which are not 
 conceded to be correct and related to the injury or condition 
 the petitioner has asserted is compensable.  If a party has not 
 returned the signed stipulation or filed objections within 30 
 days of service of the application, the intervenor's right to 
 reimbursement for the amount sought is deemed established 
 provided that the petitioner's claim is determined to be 
 compensable.  

    Subd. 4.    Attendance by intervenor.  Unless a 
 stipulation has been signed and filed or the intervenor's right 
 to reimbursement has otherwise been established, the intervenor 
 shall attend all settlement or pretrial conferences and shall 
 attend the regular hearing if ordered to do so by the 
 compensation judge.  

    Subd. 5.    Order.  If an objection to intervention 
 remains following settlement or pretrial conferences, the 
 commissioner or compensation judge shall rule on the 
 intervention and the order is binding on the compensation judge 
 to whom the case is assigned for hearing.  

    Subd. 6.    Presentation of evidence by intervenor.  
 Unless a stipulation has been signed and filed or the 
 intervenor's right to reimbursement has otherwise been 
 established, the intervenor shall present evidence in support of 
 the claim at the hearing unless otherwise ordered by the 
 compensation judge.  

    Subd. 7.    Effects of noncompliance.  Failure to comply 
 with this section shall not result in a denial of the claim for 
 reimbursement unless the compensation judge, or commissioner, 
 determines that the noncompliance has materially prejudiced the 
 interests of the other parties.  

    HIST: 1953 c 755 s 53; 1969 c 276 s 2; 1973 c 388 s 106; 1975 
 c 271 s 6; 1975 c 359 s 23; 1976 c 134 s 78; 1983 c 290 s 148; 
 1984 c 432 art 2 s 45; 1984 c 654 art 5 s 58; 1Sp1985 c 14 art 9 
 s 75; 1986 c 461 s 30,31; 1987 c 332 s 87-89; 1992 c 464 art 1 s 
 5; 1994 c 483 s 1