2006 Minnesota Statutes

176.106 ADMINISTRATIVE CONFERENCE.
    Subdivision 1. Scope. All determinations by the commissioner or the commissioner's
designee pursuant to section 176.102, 176.103, 176.135, or 176.136 shall be in accordance
with the procedures contained in this section. For medical disputes under sections 176.135 and
176.136, the commissioner or the commissioner's designee shall have jurisdiction to hold an
administrative conference and issue decisions and orders under this section if the amount in
dispute at the time the medical request is filed is $7,500 or less.
    Subd. 2. Request for conference. Any party may request an administrative conference by
filing a request on a form prescribed by the commissioner.
    Subd. 3. Conference. The matter shall be scheduled for an administrative conference within
60 days after receipt of the request for a conference. Notice of the conference shall be served on
all parties no later than 14 days prior to the conference, unless the commissioner determines that a
conference shall not be held. The commissioner may order an administrative conference before
the commissioner's designee whether or not a request for conference is filed.
The commissioner may refuse to hold an administrative conference and refer the matter for
a settlement or pretrial conference or may certify the matter to the Office of Administrative
Hearings for a full hearing before a compensation judge.
    Subd. 4. Appearances. All parties shall appear either personally, by telephone, by
representative, or by written submission. The commissioner's designee shall determine the issues
in dispute based upon the information available at the conference.
    Subd. 5. Decision. A written decision shall be issued by the commissioner's designee
determining all issues considered at the conference or if a conference was not held, based on
the written submissions. Disputed issues of fact shall be determined by a preponderance of the
evidence. The decision must be issued within 30 days after the close of the conference or if no
conference was held, within 60 days after receipt of the request for conference. The decision must
include a statement indicating the right to request a de novo hearing before a compensation
judge and how to initiate the request.
    Subd. 6. Penalty. At a conference, if the insurer does not provide a specific reason for
nonpayment of the items in dispute, the commissioner's designee may assess a penalty of $300
payable to the commissioner for deposit in the assigned risk safety account, unless it is determined
that the reason for the lack of specificity was the failure of the insurer, upon timely request, to
receive information necessary to remedy the lack of specificity. This penalty is in addition to any
penalty that may be applicable for nonpayment.
    Subd. 7. Request for hearing. Any party aggrieved by the decision of the commissioner's
designee may request a formal hearing by filing the request with the commissioner and serving
the request on all parties no later than 30 days after the decision. Requests shall be referred to the
Office of Administrative Hearings for a de novo hearing before a compensation judge. Except
where the only issues to be determined pursuant to this section involve liability for past treatment
or services that will not affect entitlement to ongoing or future proposed treatment or services
under section 176.102 or 176.135, the commissioner shall refer a timely request to the Office of
Administrative Hearings within five working days after filing of the request and the hearing at the
Office of Administrative Hearings must be held on the first date that all parties are available but
not later than 60 days after the Office of Administrative Hearings receives the matter. Following
the hearing, the compensation judge must issue the decision within 30 days. The decision of the
compensation judge is appealable pursuant to section 176.421.
    Subd. 8. Denial of primary liability. The commissioner does not have authority to make
determinations relating to medical or rehabilitation benefits when there is a genuine dispute over
whether the injury initially arose out of and in the course of employment, except as provided
by section 176.305.
    Subd. 9. Subsequent causation issues. If initial liability for an injury has been admitted or
established and an issue subsequently arises regarding causation between the employee's condition
and the work injury, the commissioner may make the subsequent causation determination subject
to de novo hearing by a compensation judge with a right to review by the court of appeals, as
provided in this chapter.
History: 1986 c 444; 1987 c 332 s 25; 1992 c 510 art 3 s 11; 1995 c 231 art 2 s 55; 2000 c
447 s 15; 2002 c 262 s 4; 2005 c 90 s 6