1.1 A bill for an act
1.2 relating to workers' compensation; adopting recommendations from the Workers'
1.3 Compensation Advisory Council; amending Minnesota Statutes 2024, sections
1.4 176.011, subdivisions 9, 11; 176.041, subdivision 1; 176.135, subdivision 1;
1.5 176.151; 176.175, subdivision 2; 176.361, subdivision 2; 176.421, subdivision 4;
1.6 repealing Minnesota Rules, part 5220.2840.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 176.011, subdivision 9, is amended to read:
1.9 Subd. 9.Employee.(a) "Employee" means any person who performs services for another
1.10for hire including the following:
1.11 (1) an alien;
1.12 (2) a minor;
1.13 (3) a sheriff, deputy sheriff, police officer, firefighter, county highway engineer, and
1.14peace officer while engaged in the enforcement of peace or in the pursuit or capture of a
1.15person charged with or suspected of crime;
1.16 (4) a person requested or commanded to aid an officer in arresting or retaking a person
1.17who has escaped from lawful custody, or in executing legal process, in which cases, for
1.18purposes of calculating compensation under this chapter, the daily wage of the person shall
1.19be the prevailing wage for similar services performed by paid employees;
1.20 (5) a county assessor;
1.21 (6) an elected or appointed official of the state, or of a county, city, town, school district,
1.22or governmental subdivision in the state. An officer of a political subdivision elected or
1Section 1.
REVISOR SS/MI 25-0016404/02/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 3228
NINETY-FOURTH SESSION
Authored by Baker, Berg and Wolgamott04/23/2025
The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1appointed for a regular term of office, or to complete the unexpired portion of a regular
2.2term, shall be included only after the governing body of the political subdivision has adopted
2.3an ordinance or resolution to that effect;
2.4 (7) an executive officer of a corporation, except those executive officers excluded by
2.5section 176.041;
2.6 (8) a voluntary uncompensated worker, other than an inmate, rendering services in state
2.7institutions under the Direct Care and Treatment executive board and commissioner of
2.8corrections similar to those of officers and employees of the institutions, and whose services
2.9have been accepted or contracted for by the Direct Care and Treatment executive board and
2.10commissioner of corrections as authorized by law. In the event of injury or death of the
2.11worker, the daily wage of the worker, for the purpose of calculating compensation under
2.12this chapter, shall be the usual wage paid at the time of the injury or death for similar services
2.13in institutions where the services are performed by paid employees;
2.14 (9) a voluntary uncompensated worker engaged in emergency management as defined
2.15in section 12.03, subdivision 4, who is:
2.16 (i) registered with the state or any political subdivision of it, according to the procedures
2.17set forth in the state or political subdivision emergency operations plan; and
2.18 (ii) acting under the direction and control of, and within the scope of duties approved
2.19by, the state or political subdivision.
2.20The daily wage of the worker, for the purpose of calculating compensation under this chapter,
2.21shall be the usual wage paid at the time of the injury or death for similar services performed
2.22by paid employees;
2.23 (10) a voluntary uncompensated worker participating in a program established by a local
2.24social services agency. For purposes of this clause, "local social services agency" means
2.25any agency established under section 393.01. In the event of injury or death of the worker,
2.26the wage of the worker, for the purpose of calculating compensation under this chapter,
2.27shall be the usual wage paid in the county at the time of the injury or death for similar
2.28services performed by paid employees working a normal day and week;
2.29 (11) a voluntary uncompensated worker accepted by the commissioner of natural
2.30resources who is rendering services as a volunteer pursuant to section 84.089. The daily
2.31wage of the worker for the purpose of calculating compensation under this chapter, shall
2.32be the usual wage paid at the time of injury or death for similar services performed by paid
2.33employees;
2Section 1.
REVISOR SS/MI 25-0016404/02/25 3.1 (12) a voluntary uncompensated worker in the building and construction industry who
3.2renders services for joint labor-management nonprofit community service projects. The
3.3daily wage of the worker for the purpose of calculating compensation under this chapter
3.4shall be the usual wage paid at the time of injury or death for similar services performed by
3.5paid employees;
3.6 (13) a member of the military forces, as defined in section 190.05, while in state active
3.7service, as defined in section 190.05, subdivision 5a. The daily wage of the member for the
3.8purpose of calculating compensation under this chapter shall be based on the member's
3.9usual earnings in civil life. If there is no evidence of previous occupation or earning, the
3.10trier of fact shall consider the member's earnings as a member of the military forces;
3.11 (14) a voluntary uncompensated worker, accepted by the director of the Minnesota
3.12Historical Society, rendering services as a volunteer, pursuant to chapter 138. The daily
3.13wage of the worker, for the purposes of calculating compensation under this chapter, shall
3.14be the usual wage paid at the time of injury or death for similar services performed by paid
3.15employees;
3.16 (15) a voluntary uncompensated worker, other than a student, who renders services at
3.17the Minnesota State Academy for the Deaf or the Minnesota State Academy for the Blind,
3.18and whose services have been accepted or contracted for by the commissioner of education,
3.19as authorized by law. In the event of injury or death of the worker, the daily wage of the
3.20worker, for the purpose of calculating compensation under this chapter, shall be the usual
3.21wage paid at the time of the injury or death for similar services performed in institutions
3.22by paid employees;
3.23 (16) a voluntary uncompensated worker, other than a resident of the veterans home, who
3.24renders services at a Minnesota veterans home, and whose services have been accepted or
3.25contracted for by the commissioner of veterans affairs, as authorized by law. In the event
3.26of injury or death of the worker, the daily wage of the worker, for the purpose of calculating
3.27compensation under this chapter, shall be the usual wage paid at the time of the injury or
3.28death for similar services performed in institutions by paid employees;
3.29 (17) a worker performing direct support services, including any of the following:
3.30 (i) under section 256B.0659 for a recipient in the home of the recipient or in the
3.31community under section 256B.0625, subdivision 19a, who is paid from government funds
3.32through a fiscal intermediary under section 256B.0659, subdivision 33. For purposes of
3.33maintaining workers' compensation insurance, the employer of the worker is as designated
3.34in law by the commissioner of the Department of Human Services, notwithstanding any
3Section 1.
REVISOR SS/MI 25-0016404/02/25 4.1other law to the contrary where the personal care assistance provider agency is responsible
4.2for maintaining workers' compensation insurance for any employments not excluded under
4.3this chapter;
4.4 (ii) under section 256B.85 where the worker is either employed by an agency-provider
4.5or by a participant. When the worker is employed by a participant, the financial management
4.6services provider must require and verify that the participant maintains workers' compensation
4.7insurance for any employments not excluded under this chapter. When the worker is
4.8employed by an agency-provider, the agency-provider is responsible to maintain workers'
4.9compensation insurance for any employments not excluded under this chapter;
4.10 (iii) under section 256B.4911 where the worker is employed by the consumer-directed
4.11community supports participant. The financial management services provider must require
4.12and verify the participant maintains workers' compensation insurance for any employments
4.13not excluded under this chapter; and
4.14 (iv) under section 256.476 where the worker is employed by the consumer support grant
4.15participant. The financial management services provider must require and verify the
4.16participant maintains workers' compensation insurance for any employments not excluded
4.17under this chapter;
4.18 (18) students enrolled in and regularly attending the Medical School of the University
4.19of Minnesota in the graduate school program or the postgraduate program. The students
4.20shall not be considered employees for any other purpose. In the event of the student's injury
4.21or death, the weekly wage of the student for the purpose of calculating compensation under
4.22this chapter, shall be the annualized educational stipend awarded to the student, divided by
4.2352 weeks. The institution in which the student is enrolled shall be considered the "employer"
4.24for the limited purpose of determining responsibility for paying benefits under this chapter;
4.25 (19) a faculty member of the University of Minnesota employed for an academic year
4.26is also an employee for the period between that academic year and the succeeding academic
4.27year if:
4.28 (i) the member has a contract or reasonable assurance of a contract from the University
4.29of Minnesota for the succeeding academic year; and
4.30 (ii) the personal injury for which compensation is sought arises out of and in the course
4.31of activities related to the faculty member's employment by the University of Minnesota;
4.32 (20) a worker who performs volunteer ambulance driver or attendant services is an
4.33employee of the political subdivision, nonprofit hospital, nonprofit corporation, or other
4Section 1.
REVISOR SS/MI 25-0016404/02/25 5.1entity for which the worker performs the services. The daily wage of the worker for the
5.2purpose of calculating compensation under this chapter shall be the usual wage paid at the
5.3time of injury or death for similar services performed by paid employees;
5.4 (21) a voluntary uncompensated worker, accepted by the commissioner of administration,
5.5rendering services as a volunteer at the Department of Administration. In the event of injury
5.6or death of the worker, the daily wage of the worker, for the purpose of calculating
5.7compensation under this chapter, shall be the usual wage paid at the time of the injury or
5.8death for similar services performed in institutions by paid employees;
5.9 (22) a voluntary uncompensated worker rendering service directly to the Pollution
5.10Control Agency. The daily wage of the worker for the purpose of calculating compensation
5.11payable under this chapter is the usual going wage paid at the time of injury or death for
5.12similar services if the services are performed by paid employees;
5.13 (23) a voluntary uncompensated worker while volunteering services as a first responder
5.14or as a member of a law enforcement assistance organization while acting under the
5.15supervision and authority of a political subdivision. The daily wage of the worker for the
5.16purpose of calculating compensation payable under this chapter is the usual going wage
5.17paid at the time of injury or death for similar services if the services are performed by paid
5.18employees;
5.19 (24) a voluntary uncompensated member of the civil air patrol rendering service on the
5.20request and under the authority of the state or any of its political subdivisions. The daily
5.21wage of the member for the purposes of calculating compensation payable under this chapter
5.22is the usual going wage paid at the time of injury or death for similar services if the services
5.23are performed by paid employees; and
5.24 (25) a Minnesota Responds Medical Reserve Corps volunteer, as provided in sections
5.25145A.04 and 145A.06, responding at the request of or engaged in training conducted by the
5.26commissioner of health. The daily wage of the volunteer for the purposes of calculating
5.27compensation payable under this chapter is established in section 145A.06. A person who
5.28qualifies under this clause and who may also qualify under another clause of this subdivision
5.29shall receive benefits in accordance with this clause.
5.30 If it is difficult to determine the daily wage as provided in this subdivision, the trier of
5.31fact may determine the wage upon which the compensation is payable.
5.32 (b) For purposes of this chapter "employee" does not include farmers or members of
5.33their family who exchange work with other farmers in the same community.
5Section 1.
REVISOR SS/MI 25-0016404/02/25 6.1 EFFECTIVE DATE.This section is effective the day following final enactment.
6.2 Sec. 2. Minnesota Statutes 2024, section 176.011, subdivision 11, is amended to read:
6.3 Subd. 11.Executive officer of a corporation."Executive officer of a corporation"
6.4means any officer of a corporation elected or appointed in accordance with its charter or
6.5bylaws or pursuant to section 302A.011, subdivision 18.
6.6 EFFECTIVE DATE.This section is effective the day following final enactment.
6.7 Sec. 3. Minnesota Statutes 2024, section 176.041, subdivision 1, is amended to read:
6.8 Subdivision 1.Employments excluded.This chapter does not apply to any of the
6.9following:
6.10 (1) a person employed by a common carrier by railroad engaged in interstate or foreign
6.11commerce and who is covered by the Federal Employers' Liability Act, United States Code,
6.12title 45, sections 51 to 60, or other comparable federal law;
6.13 (2) a person employed by a family farm as defined by section 176.011, subdivision 11a;
6.14 (3) the spouse, parent, and child, regardless of age, of a farmer-employer working for
6.15the farmer-employer;
6.16 (4) a sole proprietor, or the spouse, parent, and child, regardless of age, of a sole
6.17proprietor;
6.18 (5) a partner engaged in a farm operation or a partner engaged in a business and the
6.19spouse, parent, and child, regardless of age, of a partner in the farm operation or business;
6.20 (6) an executive officer, as defined in section 176.011, subdivision 11, of a family farm
6.21corporation;
6.22 (7) an executive officer, as defined in section 176.011, subdivision 11, of a closely held
6.23corporation having less than 22,880 hours of payroll in the preceding calendar year, if that
6.24executive officer owns at least 25 percent of the stock of the corporation;
6.25 (8) a spouse, parent, or child, regardless of age, of an executive officer of a family farm
6.26corporation as defined in section 500.24, subdivision 2, and employed by that family farm
6.27corporation;
6.28 (9) a spouse, parent, or child, regardless of age, of an executive officer of a closely held
6.29corporation who is referred to in clause (7);
6Sec. 3.
REVISOR SS/MI 25-0016404/02/25 7.1 (10) another farmer or a member of the other farmer's family exchanging work with the
7.2farmer-employer or family farm corporation operator in the same community;
7.3 (11) a person whose employment at the time of the injury is casual and not in the usual
7.4course of the trade, business, profession, or occupation of the employer;
7.5 (12) persons who are independent contractors as defined by sections 176.043 and 181.723,
7.6and any rules adopted by the commissioner pursuant to section 176.83 except that these
7.7exclusions do not apply to an employee of an independent contractor;
7.8 (13) an officer or a member of a veterans' organization whose employment relationship
7.9arises solely by virtue of attending meetings or conventions of the veterans' organization,
7.10unless the veterans' organization elects by resolution to provide coverage under this chapter
7.11for the officer or member;
7.12 (14) a person employed as a household worker in, for, or about a private home or
7.13household who earns less than $1,000 in cash in a three-month period from a single private
7.14home or household provided that a household worker who has earned $1,000 or more from
7.15the household worker's present employer in a three-month period within the previous year
7.16is covered by this chapter regardless of whether or not the household worker has earned
7.17$1,000 in the present quarter;
7.18 (15) persons employed by a closely held corporation who are related by blood or marriage,
7.19within the third degree of kindred according to the rules of civil law, to an officer of the
7.20corporation, who is referred to in clause (7), if the corporation files a written election with
7.21the commissioner to exclude such individuals. A written election is not required for a person
7.22who is otherwise excluded from this chapter by this section;
7.23 (16) a nonprofit association which does not pay more than $1,000 in salary or wages in
7.24a year;
7.25 (17) persons covered under the Domestic Volunteer Service Act of 1973, as amended,
7.26United States Code, title 42, sections 5011, et seq.;
7.27 (18) a manager of a limited liability company having ten or fewer members and having
7.28less than 22,880 hours of payroll in the preceding calendar year, if that manager owns at
7.29least a 25 percent membership interest in the limited liability company;
7.30 (19) a spouse, parent, or child, regardless of age, of a manager of a limited liability
7.31company described in clause (18);
7.32 (20) persons employed by a limited liability company having ten or fewer members and
7.33having less than 22,880 hours of payroll in the preceding calendar year who are related by
7Sec. 3.
REVISOR SS/MI 25-0016404/02/25 8.1blood or marriage, within the third degree of kindred according to the rules of civil law, to
8.2a manager of a limited liability company described in clause (18), if the company files a
8.3written election with the commissioner to exclude these persons. A written election is not
8.4required for a person who is otherwise excluded from this chapter by this section; or
8.5 (21) members of limited liability companies who satisfy the requirements of clause (12).
8.6 EFFECTIVE DATE.This section is effective the day following final enactment.
8.7 Sec. 4. Minnesota Statutes 2024, section 176.135, subdivision 1, is amended to read:
8.8 Subdivision 1.Medical, psychological, chiropractic, podiatric, surgical, hospital.(a)
8.9The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and
8.10hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and
8.11surgical supplies, crutches and apparatus, including artificial members, or, at the option of
8.12the employee, if the employer has not filed notice as hereinafter provided, Christian Science
8.13treatment in lieu of medical treatment, chiropractic medicine and medical supplies, as may
8.14reasonably be required at the time of the injury and any time thereafter to cure and relieve
8.15from the effects of the injury. This treatment shall include treatments necessary to physical
8.16rehabilitation.
8.17 (b) The employer shall pay for the reasonable value of nursing services provided by a
8.18member of the employee's family or household in cases of permanent total disability.
8.19 (c) Exposure to rabies is an injury and an employer shall furnish preventative treatment
8.20to employees exposed to rabies.
8.21 (d) The employer shall furnish replacement or repair for artificial members, glasses or
8.22spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial teeth,
8.23hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising out
8.24of and in the course of the employment. If an item under this paragraph is customized
8.25specifically for the injured worker, the item is the property of the injured worker. For the
8.26purpose of this paragraph, "injury" includes damage wholly or in part to an artificial member.
8.27In case of the employer's inability or refusal to timely provide the items required to be
8.28provided under this paragraph, the employer is liable for the reasonable expense incurred
8.29by or on behalf of the employee in providing the same, including costs of copies of any
8.30medical records or medical reports that are in existence, obtained from health care providers,
8.31and that directly relate to the items for which payment is sought under this chapter, limited
8.32to the charges allowed by subdivision 7, and attorney fees incurred by the employee.
8Sec. 4.
REVISOR SS/MI 25-0016404/02/25 9.1 (e) Both the commissioner and the compensation judges have authority to make
9.2determinations under this section in accordance with sections 176.106 and 176.305.
9.3 (f) An employer may require that the treatment and supplies required to be provided by
9.4an employer by this section be received in whole or in part from a managed care plan certified
9.5under section 176.1351 except as otherwise provided by that section.
9.6 (g) An employer may designate a pharmacy or network of pharmacies that employees
9.7must use to obtain outpatient prescription and nonprescription medications. An employee
9.8is not required to obtain outpatient medications at a designated pharmacy unless the pharmacy
9.9is located within 15 miles of the employee's place of residence.
9.10 (h) Notwithstanding any fees established by rule adopted under section 176.136, an
9.11employer may contract for the cost of medication provided to employees. All requests for
9.12reimbursement from the special compensation fund formerly codified under section 176.131
9.13for medication provided to an employee must be accompanied by the dispensing pharmacy's
9.14invoice showing its usual and customary charge for the medication at the time it was
9.15dispensed to the employee. The special compensation fund shall not reimburse any amount
9.16that exceeds the maximum amount payable for the medication under Minnesota Rules, part
9.175221.4070, subparts 3 and 4, notwithstanding any contract under Minnesota Rules, part
9.185221.4070, subpart 5, that provides for a different reimbursement amount.
9.19 EFFECTIVE DATE.This section is effective the day following final enactment.
9.20 Sec. 5. Minnesota Statutes 2024, section 176.151, is amended to read:
9.21 176.151 TIME LIMITATIONS.
9.22 The time within which the following acts shall be performed shall be limited to the
9.23following periods, respectively:
9.24 (a) Actions or proceedings by an injured employee to determine or recover compensation,
9.25three years after the employer has made a written report of the injury has been made to the
9.26commissioner of the Department of Labor and Industry, but not to exceed six years from
9.27the date of the accident.
9.28 (b) Actions or proceedings by dependents to determine or recover compensation, three
9.29years after the receipt by the commissioner of the Department of Labor and Industry of
9.30written notice of death, given by the employer, but not to exceed six years from the date of
9.31injury, provided, however, if the employee was paid compensation for the injury from which
9.32the death resulted, such actions or proceedings by dependents must be commenced within
9.33three years after the receipt by the commissioner of the Department of Labor and Industry
9Sec. 5.
REVISOR SS/MI 25-0016404/02/25 10.1of written notice of death, given by the employer, but not to exceed six years from the date
10.2of death. In any such case, if a dependent of the deceased, or any one in the dependent's
10.3behalf, gives written notice of such death to the commissioner of the Department of Labor
10.4and Industry, the commissioner shall forthwith give written notice to the employer of the
10.5time and place of such death. In case the deceased was a native of a foreign country and
10.6leaves no known dependent within the United States, the commissioner of the Department
10.7of Labor and Industry shall give written notice of the death to the consul or other
10.8representative of the foreign country forthwith.
10.9 (c) In case of physical or mental incapacity, other than minority, of the injured person
10.10or dependents to perform or cause to be performed any act required within the time specified
10.11in this section, the period of limitation in any such case shall be extended for three years
10.12from the date when the incapacity ceases.
10.13 (d) In the case of injury caused by x-rays, radium, radioactive substances or machines,
10.14ionizing radiation, or any other occupational disease, the time limitations otherwise prescribed
10.15by Minnesota Statutes 1961, chapter 176, and acts amendatory thereof, shall not apply, but
10.16the employee shall give notice to the employer and commence an action within three years
10.17after the employee has knowledge of the cause of such injury and the injury has resulted in
10.18disability.
10.19 EFFECTIVE DATE.This section is effective the day following final enactment.
10.20Sec. 6. Minnesota Statutes 2024, section 176.175, subdivision 2, is amended to read:
10.21 Subd. 2.Nonassignability.No claim for compensation or settlement of a claim for
10.22compensation owned by an injured employee or dependents is assignable. Except as otherwise
10.23provided in this chapter, any claim for compensation owned by an injured employee or
10.24dependents is exempt from seizure or sale for the payment of any debt or liability, up to a
10.25total amount of $1,000,000 $10,000,000 per claim and subsequent award.
10.26 EFFECTIVE DATE.This section is effective for dates of injury on or after October
10.271, 2025.
10.28Sec. 7. Minnesota Statutes 2024, section 176.361, subdivision 2, is amended to read:
10.29 Subd. 2.Written motion.(a) A person desiring to intervene in a workers' compensation
10.30case as a party, including but not limited to a health care provider who has rendered services
10.31to an employee or an insurer who has paid benefits under section 176.191, shall submit a
10Sec. 7.
REVISOR SS/MI 25-0016404/02/25 11.1timely written motion to intervene to the commissioner, the office, or to the court of appeals,
11.2whichever is applicable.
11.3 (a) (b) The motion must be served on all parties, except for other intervenors, either
11.4personally, by first class mail, or by registered mail, return receipt requested. A motion to
11.5intervene must be served and filed within 60 days after a potential intervenor has been
11.6served with notice of a right to intervene or within 30 days of notice of an administrative
11.7conference or expedited hearing. Upon the filing of a timely motion to intervene, the potential
11.8intervenor shall be granted intervenor status without the need for an order. Objections to
11.9the intervention may be subsequently addressed by a compensation judge. Except where a
11.10member of the employee's family or household is supplying nursing services pursuant to
11.11section 176.135, subdivision 1, paragraph (b), where a motion to intervene is not timely
11.12filed under this section, the potential intervenor interest shall be extinguished and the potential
11.13intervenor may not collect, or attempt to collect, the extinguished interest from the employee,
11.14employer, insurer, or any government program.
11.15 (b) (c) The motion must show how the applicant's legal rights, duties, or privileges may
11.16be determined or affected by the case; state the grounds and purposes for which intervention
11.17is sought; and indicate the statutory right to intervene. The motion must be accompanied
11.18by the following:
11.19 (1) an itemization of disability payments showing the period during which the payments
11.20were or are being made; the weekly or monthly rate of the payments; and the amount of
11.21reimbursement claimed;
11.22 (2) a summary of the medical or treatment payments, or rehabilitation services provided
11.23by the Vocational Rehabilitation Unit, broken down by creditor, showing the total bill
11.24submitted, the period of treatment or rehabilitation covered by that bill, the amount of
11.25payment on that bill, and to whom the payment was made;
11.26 (3) copies of all medical or treatment bills for which payment is sought;
11.27 (4) copies of the work sheets or other information stating how the payments on medical
11.28or treatment bills were calculated;
11.29 (5) a copy of the relevant policy or contract provisions upon which the claim for
11.30reimbursement is based;
11.31 (6) the name and telephone number of the person representing the intervenor who has
11.32authority to represent the intervenor, including but not limited to the authority to reach a
11.33settlement of the issues in dispute;
11Sec. 7.
REVISOR SS/MI 25-0016404/02/25 12.1 (7) proof of service or copy of the registered mail receipt evidencing service on all parties
12.2except for other intervenors;
12.3 (8) at the option of the intervenor, a proposed stipulation which states that all of the
12.4payments for which reimbursement is claimed are related to the injury or condition in dispute
12.5in the case and that, if the petitioner is successful in proving the compensability of the claim,
12.6it is agreed that the sum be reimbursed to the intervenor; and
12.7 (9) if represented by an attorney, the name, address, telephone number, and Minnesota
12.8Supreme Court license number of the attorney.
12.9 EFFECTIVE DATE.This section is effective the day following final enactment.
12.10Sec. 8. Minnesota Statutes 2024, section 176.421, subdivision 4, is amended to read:
12.11 Subd. 4.Service and filing of notice; cost of transcript.Within the 30-day period for
12.12taking an appeal, the appellant shall:
12.13 (1) serve a copy of the notice of appeal on each adverse party; and
12.14 (2) pursuant to section 176.285, file the original notice of appeal, with proof of service
12.15by admission or affidavit, with the chief administrative law judge and file a copy with the
12.16commissioner.
12.17 In order to defray the cost of the preparation of the record of the proceedings appealed
12.18from, each appellant and cross-appellant shall pay to the commissioner of management and
12.19budget, Office of Administrative Hearings account the sum of $25. The filing fee must be
12.20received by the Office of Administrative Hearings within ten business days after the end of
12.21the appeal period. If the filing fee is not received within ten days after the appeal period,
12.22the appeal is not timely filed.
12.23 The first party to file an appeal is liable for the original cost of preparation of the
12.24transcript. Cross-appellants or any other persons requesting a copy of the transcript are
12.25liable for the cost of the copy. The chief administrative law judge may require payment for
12.26transcription costs to be made in advance of the transcript preparation. The cost of a transcript
12.27prepared by a nongovernmental source shall be paid directly to that source and shall not
12.28exceed the cost that the source would be able to charge the state for the same service.
12.29 Upon a showing of cause, the chief administrative law judge may direct that a transcript
12.30be prepared without expense to the party requesting its preparation, in which case the cost
12.31of the transcript shall be paid by the Office of Administrative Hearings.
12Sec. 8.
REVISOR SS/MI 25-0016404/02/25 13.1 All fees received by the Office of Administrative Hearings for the preparation of the
13.2record for submission to the Workers' Compensation Court of Appeals or for the cost of
13.3transcripts prepared by the office shall be deposited in the Office of Administrative Hearings
13.4account in the state treasury and shall be used solely for the purpose of keeping the record
13.5of hearings conducted under this chapter and the preparation of transcripts of those hearings.
13.6 EFFECTIVE DATE.This section is effective the day following final enactment.
13.7 Sec. 9. REPEALER.
13.8 Minnesota Rules, part 5220.2840, is repealed.
13.9 EFFECTIVE DATE.This section is effective the day following final enactment.
13Sec. 9.
REVISOR SS/MI 25-0016404/02/25 5220.2840FAILURE TO MAKE PAYMENT OR REPORT TO SPECIAL FUND;
PENALTY.
Subpart 1.Due date.For workers' compensation benefits paid from January 1 through
June 30, the due date of the completed assessment form and corresponding assessment
amount is August 15 of the same calendar year.
For workers' compensation benefits paid from July 1 through December 31, the due
date of the corresponding assessment amount is March 1 of the following calendar year.
Notice of the assessment rate and instructions for payment will be issued by the fund
45 or more days before the due date.
Insurers no longer licensed to provide, or no longer providing workers' compensation
insurance in Minnesota, and employers no longer self-insured to provide workers'
compensation benefits must continue to file the assessment form until five years have elapsed
since a policy of workers' compensation insurance or self-insurance was provided, or three
years after the last indemnity payment was made, whichever is later. Insurers not owing an
assessment must report zero liability during the required reporting years.
Subp. 2.Basis.A penalty will be assessed under Minnesota Statutes, section 176.129,
subdivision 10, where either:
A.the completed assessment form and payment of the special compensation fund
assessment; or
B.written certification that the assessment report and assessment payment will
not be made by the due date because of reasons beyond the control of the insurer or because
no assessment is owing, is not received by the special compensation fund on or before the
due date.
Subp. 3.Amount.Within 30 days of the due date, the special compensation fund will
give notice of penalty to those who have neither filed the completed assessment form and
paid the assessment amount, nor submitted a certified reason for nonpayment by the due
date as follows:
A.Either:
(1)2.5 percent of the assessment amount due if the assessment payment is
received at the fund within five days after the due date;
(2)five percent of the assessment amount due if the assessment payment is
received at the fund within six to 30 days after the due date;
(3)ten percent of the assessment amount due if the assessment payment is
received at the fund within 31 to 60 days after the due date; or
(4)15 percent of the assessment amount due if the assessment payment is
received at the fund 61 or more days after the due date;
B.$1,000, whichever is greater; or
C.$200 for failure to timely report under subpart 2, item B, that no assessment is
due.
Subp. 4.Payable to.The penalty is payable to the commissioner for deposit in the
assigned risk safety account.
Subp. 5.Continued nonpayment.If the insurer penalized does not make payment
within six months of the due date, the fund director shall refer the file to the Department of
Commerce for consideration of license or permit revocation.
1R
APPENDIX
Repealed Minnesota Rules: 25-00164