Chapter 176 — Intent of the Legislature

15.001 Application of Laws 2005, Chapter 56, Terminology Changes This section says state agencies must use updated terminology from a 2005 law when they replace printed materials and … 176.0001 This section has been repealed or relocated. 176.001 Intent of the Legislature This section states the legislature's intent that workers' compensation cases be decided fairly on their merits, without … 176.01 This section has been repealed or relocated. 176.011 Definitions This section defines the key terms used in Minnesota's workers' compensation law, including who counts as an 'employee,' … 176.012 This section has been repealed or relocated. 176.02 This section has been repealed or relocated. 176.021 Application to Employers and Employees Employers in Minnesota must pay workers' compensation for any employee injury or death that happens during and because … 176.03 This section has been repealed or relocated. 176.031 Employer's Liability Exclusive Workers' compensation is the only way an injured employee can get money from an employer for a work injury. However, if … 176.04 This section has been repealed or relocated. 176.041 Excluded Employments; Application, Exceptions, Election of Coverage Certain workers are excluded from Minnesota's workers' compensation coverage, including family farm workers, sole … 176.042 This section has been repealed or relocated. 176.043 Trucking and Messenger/courier Industries; Independent Contractors In the trucking and messenger/courier industries, a vehicle operator is considered an employee (covered by workers' … 176.05 This section has been repealed or relocated. 176.051 Assumption of Liability; Farm and Household Workers Farm workers and household workers are not automatically covered by workers' compensation, but their employers can … 176.06 This section has been repealed or relocated. 176.061 Third-party Liability When a work injury is caused by someone other than the employer (a third party), the injured worker may be able to sue … 176.07 This section has been repealed or relocated. 176.071 Joint Employers; Contribution When two or more employers jointly hire and pay one employee, they must share the cost of workers' compensation if that … 176.08 This section has been repealed or relocated. 176.081 Legal Services or Disbursements; Lien; Review Attorney fees in workers' compensation cases are capped at 20% of the first $275,000 of compensation awarded, with a … 176.09 This section has been repealed or relocated. 176.091 Minor Employees A minor (under 18) who is employed has the same rights as an adult employee when it comes to workers' compensation, … 176.092 Guardian; Conservator When an injured worker or a deceased worker's dependent is a minor or mentally incapacitated, a guardian or conservator … 176.095 Legislative Findings The legislature declared that workers' compensation benefits for total disability should be higher than benefits for … 176.10 This section has been repealed or relocated. 176.101 Compensation Schedule This section sets the payment amounts for workers' compensation benefits. Temporary total disability pays two-thirds of … 176.1011 This section has been repealed or relocated. 176.102 Rehabilitation Injured workers in Minnesota are entitled to vocational rehabilitation services to help them return to work. The … 176.1021 This section has been repealed or relocated. 176.103 Medical Health Care Review The Department of Labor and Industry monitors the quality of medical care given to injured workers. A Medical Services … 176.104 Rehabilitation Prior to Determination of Liability An injured worker can receive vocational rehabilitation services even while the employer disputes whether the injury is … 176.1041 This section has been repealed or relocated. 176.105 Commissioner to Establish Disability Schedules The commissioner creates rules that assign disability ratings to different types of work injuries. These ratings, based … 176.106 Administrative Conference When there is a dispute about medical treatment, rehabilitation, or medical fees in a workers' compensation case, either … 176.107 Teleconferences Workers' compensation proceedings, including mediation, conferences, settlement talks, and hearings, can be held in … 176.108 Light-duty Work Pools Employers are allowed to create light-duty work pools to help injured employees return to work in a limited capacity … 176.11 This section has been repealed or relocated. 176.111 Dependents, Allowances When a worker dies from a work-related injury, this section provides benefits to the worker's dependents. A surviving … 176.12 This section has been repealed or relocated. 176.121 Commencement of Compensation Workers' compensation for temporary total or temporary partial disability does not begin until the fourth day after the … 176.129 Creation of Special Compensation Fund This section creates the Special Compensation Fund, which is paid for by assessments on employers and insurers. The fund … 176.1292 Forbearance of Amounts Owed to the Special Compensation Fund This section addresses how insurers and self-insured employers must recalculate and pay permanent total disability … 176.13 This section has been repealed or relocated. 176.130 Targeted Industry Fund; Loggers This section creates the Targeted Industry Fund for loggers, funded by assessments on Minnesota wood mills. The money … 176.131 This section has been repealed or relocated. 176.1311 This section has been repealed or relocated. 176.132 This section has been repealed or relocated. 176.1321 Effective Date of Benefit Changes Unless a new law says otherwise, any change to workers' compensation benefits takes effect on October 1 after it is … 176.133 This section has been repealed or relocated. 176.134 This section has been repealed or relocated. 176.135 Treatment; Appliances; Supplies Employers must pay for all medical treatment, surgery, hospital stays, medicine, medical supplies, and rehabilitation … 176.1351 Managed Care Employers can use a certified managed care plan to coordinate medical treatment for injured workers. The plan must meet … 176.136 Medical Fee Review The commissioner sets rules that limit how much doctors, hospitals, and other healthcare providers can charge for … 176.1361 Testimony of Providers If a medical provider submits false testimony or a false report in a workers' compensation case, the matter is referred … 176.1362 Inpatient Hospital Payment This section sets the payment rules for inpatient hospital services in workers' compensation cases, generally capping … 176.1363 Ambulatory Surgical Center Payment This section sets payment rules for ambulatory surgical centers (ASCs) in workers' compensation cases. Payment is … 176.1364 Workers' Compensation Hospital Outpatient Fee Schedule This section creates a fee schedule for hospital outpatient services in workers' compensation cases, using the Medicare … 176.1365 Outpatient Billing, Payment, and Dispute Resolution This section governs how hospitals and ambulatory surgical centers bill and get paid for outpatient services in workers' … 176.137 Remodeling of Residence; Disabled Employees An employer or insurer may be required to pay for remodeling an injured worker's home to accommodate a permanent … 176.138 Medical Data; Access Employers and insurers can access an injured worker's medical records that are relevant to the workers' compensation … 176.139 Notice of Rights Posted Employers must post a notice in the workplace telling employees about their workers' compensation rights, including how … 176.14 This section has been repealed or relocated. 176.141 Notice of Injury If you are injured at work in Minnesota, you should give your employer written notice of the injury within 14 days. You … 176.145 Service of Notice, Form Notices in workers' compensation cases can be served personally, by certified mail, or by first-class mail, depending on … 176.15 This section has been repealed or relocated. 176.151 Time Limitations An injured worker must file a workers' compensation claim within three years of the injury (or within three years of the … 176.152 This section has been repealed or relocated. 176.155 Examinations An employer can require an injured worker to be examined by the employer's chosen physician. The exam must be at a … 176.16 This section has been repealed or relocated. 176.161 Alien Dependents If a deceased worker's dependents live in a foreign country, the workers' compensation benefits are limited to the … 176.165 Lump-sum Payments Workers' compensation benefits can be paid as a lump sum instead of regular payments if a compensation judge approves … 176.17 This section has been repealed or relocated. 176.171 Payment to Trustee When a workers' compensation payment is made to a person who is not able to manage their own affairs, the compensation … 176.175 Right to Compensation, Award The right to workers' compensation benefits cannot be taken away by creditors. Benefits cannot be assigned to someone … 176.178 Fraud It is a crime to commit fraud in a workers' compensation case. This includes making false statements to get benefits, … 176.179 Recovery of Overpayments If an insurer or employer overpays workers' compensation benefits, they can recover the overpayment by reducing future … 176.18 This section has been repealed or relocated. 176.181 Insurance Nearly all Minnesota employers must carry workers' compensation insurance or get approval to self-insure. Employers who … 176.1812 Collective Bargaining Agreements Unions and employers can negotiate workers' compensation terms through collective bargaining agreements, including … 176.182 Business Licenses or Permits; Coverage Required Cities and counties can require proof of workers' compensation insurance as a condition for issuing a business license … 176.183 Uninsured and Self-insured Employers; Benefits to Employees and Dependents; Liability of Employer If an employer does not have workers' compensation insurance, the Special Compensation Fund pays benefits to the injured … 176.184 Inspections; Enforcement The Commissioner of Labor and Industry can inspect workplaces to verify that employers have workers' compensation … 176.185 Policy of Insurance This section sets detailed rules for workers' compensation insurance policies in Minnesota, including what the policy … 176.186 Records From Other State Agencies State agencies must share records with the Commissioner of Labor and Industry to help enforce workers' compensation … 176.19 This section has been repealed or relocated. 176.191 Dispute Between Two or More Employers or Insurers Regarding Liability When two or more employers or insurers disagree about which one is responsible for paying a worker's benefits, the … 176.192 Bomb Disposal Unit Employees Members of a bomb disposal unit are entitled to workers' compensation benefits at triple the normal rate if they are … 176.194 Prohibited Practices Employers and insurers are prohibited from retaliating against an employee for filing a workers' compensation claim. It … 176.195 Revocation of Insurer's License The Commissioner of Commerce can revoke an insurer's license for violating workers' compensation laws, including failing … 176.20 This section has been repealed or relocated. 176.201 Discriminatory Rates Insurance companies cannot charge unfairly discriminatory workers' compensation rates. Rate differences must be based on … 176.205 Person Deemed Employer A person who hires an independent contractor to do work is treated as the employer of the contractor's employees for … 176.21 This section has been repealed or relocated. 176.211 Acts or Omissions of Third Persons If a third person (not the employer or a co-worker) causes a work injury, the injured worker can file a workers' comp … 176.215 Subcontractor's Failure to Comply With Chapter If a subcontractor fails to carry workers' compensation insurance, the general contractor who hired them is liable for … 176.22 This section has been repealed or relocated. 176.221 Payment of Compensation and Treatment Charges, Commencement Employers must begin paying workers' compensation within 14 days of learning about a work injury. If the employer denies … 176.222 Report on Collection and Assessment of Fines and Penalties The Commissioner of Labor and Industry must report to the legislature each year on the fines and penalties collected … 176.223 This section has been repealed or relocated. 176.225 Additional Award as Penalty If an employer or insurer unreasonably delays or denies workers' compensation benefits, a judge can order them to pay an … 176.23 This section has been repealed or relocated. 176.231 Report of Death or Injury to Commissioner of Department of Labor and Industry Employers must report serious work injuries and deaths to the Commissioner of Labor and Industry and their insurer … 176.232 This section has been repealed or relocated. 176.234 Release of Data for Epidemiologic Study The commissioner may release certain workers' compensation data for epidemiologic studies to help identify workplace … 176.235 Notice to Employers and Injured Employee of Rights and Duties After a work injury is reported, the employer and insurer must notify the injured employee of their rights and duties … 176.238 Notice of Discontinuance of Compensation Before an employer or insurer can stop paying workers' compensation benefits, they must give the injured worker written … 176.239 Administrative Decision Concerning Discontinuance of Compensation If an employer or insurer wants to stop paying workers' compensation benefits, the injured worker can request a quick … 176.24 This section has been repealed or relocated. 176.241 This section has been repealed or relocated. 176.242 This section has been repealed or relocated. 176.2421 This section has been repealed or relocated. 176.243 This section has been repealed or relocated. 176.244 This section has been repealed or relocated. 176.245 Receipts for Payment of Compensation, Filing When workers' compensation payments are made, the employer or insurer must file receipts with the commissioner as proof … 176.25 This section has been repealed or relocated. 176.251 Duties of Commissioner of Department of Labor and Industry The Commissioner of Labor and Industry has broad authority to administer and enforce the workers' compensation chapter, … 176.253 Insurer, Employer, and Third-party Administrator; Performance of Acts Insurers, employers, and third-party administrators must perform certain acts required by this chapter within the … 176.255 This section has been repealed or relocated. 176.26 This section has been repealed or relocated. 176.261 Employee of Commissioner of Department of Labor and Industry May Act for and Advise a Party to a Proceeding An employee of the Commissioner of Labor and Industry may act as an advisor or representative for a party in a workers' … 176.2611 Coordination of the Office of Administrative Hearings' Case Management System and the Workers' Compensation Imaging System This section requires the Office of Administrative Hearings to coordinate its case management system with the workers' … 176.2612 Workers' Compensation Claims Access and Management Platform User System (campus) This section establishes the CAMPUS system (Claims Access and Management Platform User System) for managing workers' … 176.2615 This section has been repealed or relocated. 176.262 This section has been repealed or relocated. 176.265 This section has been repealed or relocated. 176.27 This section has been repealed or relocated. 176.271 Initiation of Proceedings All workers' compensation proceedings are started by filing a written petition on a form provided by the Department of … 176.275 Filing of Papers; Proof of Service Legal papers in workers' compensation cases must be filed with the commissioner or the Office of Administrative … 176.28 This section has been repealed or relocated. 176.281 Orders, Decisions, and Awards; Filing; Service Orders, decisions, and awards in workers' compensation cases must be filed with the commissioner and served on all … 176.285 Service of Papers and Notices; Electronic Filing Papers and notices in workers' compensation cases may be served and filed electronically through the CAMPUS system. The … 176.29 This section has been repealed or relocated. 176.291 Disputes; Petitions; Procedure When there is a dispute about a workers' compensation claim, any party can file a petition with the Office of … 176.295 Nonresident Employers; Foreign Corporation An out-of-state employer doing business in Minnesota must comply with Minnesota's workers' compensation law. The … 176.30 This section has been repealed or relocated. 176.301 Determination of Issues Disputed issues in workers' compensation cases are decided by compensation judges at the Office of Administrative … 176.305 Petitions Filed With Workers' Compensation Division To start a formal workers' compensation dispute, a petition must be filed with the Workers' Compensation Division. The … 176.306 Scheduled Hearings The chief administrative law judge sets the schedule for workers' compensation hearings and assigns cases to … 176.307 Compensation Judges; Block System Compensation judges are assigned to hear workers' compensation cases using a block system, where groups of cases are … 176.31 This section has been repealed or relocated. 176.311 Reassignment of Petition for Hearing A workers' compensation petition can be reassigned to a different compensation judge if good cause is shown, such as a … 176.312 Affidavits of Prejudice and Petitions for Reassignment A party to a workers' compensation case can file an affidavit of prejudice to request a different judge, or petition for … 176.32 This section has been repealed or relocated. 176.321 Answer to Petition After a workers' compensation petition is filed, the other party must file a written answer within 20 days. The answer … 176.322 Decisions Based on Stipulated Facts In workers' compensation cases, the parties can agree on the facts and submit them to a judge for a decision without a … 176.325 Certified Question A compensation judge can certify a legal question to the Workers' Compensation Court of Appeals for an early ruling if … 176.33 This section has been repealed or relocated. 176.331 Proceedings When Answer Not Filed If the respondent in a workers' compensation case fails to file an answer to the petition within the required time, the … 176.34 This section has been repealed or relocated. 176.341 Hearing on Petition Workers' compensation hearings are conducted by compensation judges, who take testimony, receive evidence, and make … 176.35 This section has been repealed or relocated. 176.351 Testimonial Powers Compensation judges and the commissioner have the power to issue subpoenas, administer oaths, take depositions, and … 176.36 This section has been repealed or relocated. 176.361 Intervention A person or entity that has a direct interest in the outcome of a workers' compensation case can intervene (join) the … 176.37 This section has been repealed or relocated. 176.371 Award or Disallowance of Compensation After a hearing, the compensation judge must issue a written decision that awards or denies compensation, including … 176.38 This section has been repealed or relocated. 176.381 Reference of Questions of Fact The compensation judge can refer specific factual questions to an expert, such as a doctor or accountant, for … 176.39 This section has been repealed or relocated. 176.391 Investigations The commissioner has the power to investigate workers' compensation matters on their own initiative, including examining … 176.40 This section has been repealed or relocated. 176.401 Hearings Public Workers' compensation hearings are open to the public unless the compensation judge orders otherwise for good cause. 176.41 This section has been repealed or relocated. 176.411 Rules of Evidence, Pleading, and Procedure Workers' compensation proceedings follow relaxed rules of evidence and procedure compared to regular court. Technical … 176.42 This section has been repealed or relocated. 176.421 Appeals to Workers' Compensation Court of Appeals A party who disagrees with a compensation judge's decision can appeal to the Workers' Compensation Court of Appeals … 176.43 This section has been repealed or relocated. 176.431 This section has been repealed or relocated. 176.44 This section has been repealed or relocated. 176.441 Decisions of the Workers' Compensation Court of Appeals on questions of fact are final and not subject to further … 176.442 Appeals From Decisions of Commissioner Appeals from decisions of the commissioner (as opposed to compensation judges) go to the Workers' Compensation Court of … 176.445 This section has been repealed or relocated. 176.45 This section has been repealed or relocated. 176.451 Defaults If an employer or insurer fails to comply with a workers' compensation order or award, the injured worker can ask the … 176.46 This section has been repealed or relocated. 176.461 Setting Aside Award A workers' compensation award can be set aside or modified if there is a substantial change in the worker's condition, … 176.47 This section has been repealed or relocated. 176.471 Review by Supreme Court on Certiorari A party who disagrees with a decision of the Workers' Compensation Court of Appeals on a question of law can seek review … 176.48 This section has been repealed or relocated. 176.481 Original Jurisdiction of Supreme Court The Minnesota Supreme Court has original jurisdiction over challenges to the constitutionality of the workers' … 176.49 This section has been repealed or relocated. 176.491 Stay of Proceedings Pending Disposition of Case A pending workers' compensation case can be stayed (paused) while another related case is being decided, such as a … 176.50 This section has been repealed or relocated. 176.501 This section has been repealed or relocated. 176.51 This section has been repealed or relocated. 176.511 Costs The compensation judge can award costs and disbursements to a party in a workers' compensation case, including witness … 176.52 This section has been repealed or relocated. 176.521 Settlement of Claims Workers' compensation claims can be settled by written agreement between the injured worker and the employer or insurer. … 176.522 Notice to Employer An employee who is injured at work must give notice to the employer within 180 days of the injury. Failure to give … 176.53 This section has been repealed or relocated. 176.531 Award of Compensation Against a Political Subdivision or School District When a workers' compensation award is made against a political subdivision or school district, the award can be … 176.54 This section has been repealed or relocated. 176.540 This section has been repealed or relocated. 176.5401 This section has been repealed or relocated. 176.541 State Departments The workers' compensation self-insurance provisions allow employers to self-insure instead of buying a policy, but they … 176.55 This section has been repealed or relocated. 176.551 Reports The commissioner can order an employer to stop doing business in Minnesota if the employer fails to carry workers' … 176.56 This section has been repealed or relocated. 176.561 Workers' Compensation Court of Appeals Powers and Duties as to State Employees; Procedure for Determining Liability A workers' compensation settlement (stipulation) must be approved by a compensation judge, who must find that the … 176.57 This section has been repealed or relocated. 176.571 Investigations of Injuries to State Employees The attorney general represents the state and its agencies in workers' compensation matters. The section also sets rules … 176.572 Contract With Insurance Carriers The commissioner may appoint hearing officers or administrative law judges to conduct proceedings under this chapter. 176.58 This section has been repealed or relocated. 176.581 Payment to State Employees Workers' compensation records and proceedings are subject to the Minnesota Government Data Practices Act, with certain … 176.59 This section has been repealed or relocated. 176.591 State Compensation Revolving Fund This section establishes the Workers' Compensation Court of Appeals, which hears appeals from decisions of compensation … 176.60 This section has been repealed or relocated. 176.601 This section has been repealed or relocated. 176.602 This section has been repealed or relocated. 176.603 Cost of Administering Chapter, Payment The state compensation revolving fund may maintain an alternative cost allocation account to distribute workers' … 176.61 This section has been repealed or relocated. 176.611 Maintenance of State Compensation Revolving Fund The state's risk management division handles workers' compensation for state employees, including investigating claims, … 176.62 This section has been repealed or relocated. 176.621 This section has been repealed or relocated. 176.63 This section has been repealed or relocated. 176.631 This section has been repealed or relocated. 176.64 This section has been repealed or relocated. 176.641 This section has been repealed or relocated. 176.645 Adjustment of Benefits Workers' compensation benefits paid to state employees come from the state compensation revolving fund, and are subject … 176.65 This section has been repealed or relocated. 176.651 Severability State agencies must report work injuries to the commissioner of administration, who then reports them to the … 176.66 Occupational Diseases; How Regarded This section establishes the Workers' Compensation Advisory Council and sets out its purpose, membership, duties, and … 176.661 The Workers' Compensation Advisory Council is created to advise the legislature on workers' compensation policy. Members … 176.662 This section describes the membership of the Workers' Compensation Advisory Council, including representatives of labor, … 176.663 Members of the Workers' Compensation Advisory Council serve set terms and can be removed for cause. The council elects … 176.664 The Workers' Compensation Advisory Council must study and make recommendations on workers' compensation issues as … 176.665 The Workers' Compensation Advisory Council has the authority to request information and data from the Commissioner of … 176.666 The Department of Labor and Industry must provide staff support to the Workers' Compensation Advisory Council. 176.667 Members of the Workers' Compensation Advisory Council serve without pay but are reimbursed for their expenses. 176.668 The Workers' Compensation Advisory Council may appoint subcommittees and working groups to study specific topics. 176.669 This section has been repealed or relocated. 176.67 This section has been repealed or relocated. 176.68 This section has been repealed or relocated. 176.69 This section has been repealed or relocated. 176.70 This section has been repealed or relocated. 176.71 This section has been repealed or relocated. 176.72 This section has been repealed or relocated. 176.73 This section has been repealed or relocated. 176.74 This section has been repealed or relocated. 176.75 This section has been repealed or relocated. 176.76 This section has been repealed or relocated. 176.77 This section has been repealed or relocated. 176.78 This section has been repealed or relocated. 176.79 This section has been repealed or relocated. 176.80 This section has been repealed or relocated. 176.81 This section has been repealed or relocated. 176.82 Action for Civil Damages for Obstructing Employee Seeking Benefits It is illegal for an employer to fire, threaten, or otherwise punish a worker for filing a workers' compensation claim. … 176.83 Rules The commissioner has rulemaking authority to establish treatment parameters, utilization review procedures, medical fee … 176.84 Specificity of Notice or Statement This section creates the Medical Services Review Board, which advises the commissioner on medical issues in workers' … 176.85 Penalties; Appeals This section establishes the Rehabilitation Review Panel, which advises the commissioner on vocational rehabilitation … 176.86 This section has been repealed or relocated. 176.861 Disclosure of Information Employers who self-insure for workers' compensation must join the self-insurers' security fund, which guarantees payment … 176.862 Disclosure to Law Enforcement The self-insurers' security fund is governed by a board of trustees made up of representatives of self-insured … 176.87 Employees Contracting Tuberculosis to Receive Medical Care and Compensation The commissioner may approve alternative dispute resolution programs for workers' compensation cases, including … 176.871 Report of Illness of Employee, Hearing on Claim This section addresses workers' compensation coverage for employees of temporary staffing agencies, establishing which … 176.872 Findings, Payment of Medical Care and Compensation Professional employer organizations (PEOs) that co-employ workers with client companies have specific workers' … 176.873 Application to Certain Cases Workers' compensation insurers must report claims data to the commissioner for statistical analysis and rate-setting … 176.874 Police Officers Contracting Tuberculosis The commissioner may certify managed care organizations to provide medical services to injured workers under workers' … 176.875 Report of Illness This section addresses the coordination of workers' compensation benefits with other benefit programs, such as Social … 176.876 Officers Admitted to Hospital; Payments The commissioner must maintain a public database of workers' compensation insurance coverage, so anyone can verify …