Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to workers' compensation; adopting recommendations from the Workers'
3	3	1.3 Compensation Advisory Council; amending Minnesota Statutes 2024, sections
4	4	1.4 176.011, subdivisions 9, 11; 176.041, subdivision 1; 176.135, subdivision 1;
5	5	1.5 176.151; 176.175, subdivision 2; 176.361, subdivision 2; 176.421, subdivision 4;
6	6	1.6 repealing Minnesota Rules, part 5220.2840.
7	7	1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8	1.8 Section 1. Minnesota Statutes 2024, section 176.011, subdivision 9, is amended to read:
9	9	1.9 Subd. 9.Employee.(a) "Employee" means any person who performs services for another
10	10	1.10for hire including the following:
11	11	1.11 (1) an alien;
12	12	1.12 (2) a minor;
13	13	1.13 (3) a sheriff, deputy sheriff, police officer, firefighter, county highway engineer, and
14	14	1.14peace officer while engaged in the enforcement of peace or in the pursuit or capture of a
15	15	1.15person charged with or suspected of crime;
16	16	1.16 (4) a person requested or commanded to aid an officer in arresting or retaking a person
17	17	1.17who has escaped from lawful custody, or in executing legal process, in which cases, for
18	18	1.18purposes of calculating compensation under this chapter, the daily wage of the person shall
19	19	1.19be the prevailing wage for similar services performed by paid employees;
20	20	1.20 (5) a county assessor;
21	21	1.21 (6) an elected or appointed official of the state, or of a county, city, town, school district,
22	22	1.22or governmental subdivision in the state. An officer of a political subdivision elected or
23	23	1Section 1.
24	24	25-00164 as introduced04/02/25 REVISOR SS/MI
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 3407NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: MCEWEN and Utke)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading04/22/2025
31	31	Referred to Labor 2.1appointed for a regular term of office, or to complete the unexpired portion of a regular
32	32	2.2term, shall be included only after the governing body of the political subdivision has adopted
33	33	2.3an ordinance or resolution to that effect;
34	34	2.4 (7) an executive officer of a corporation, except those executive officers excluded by
35	35	2.5section 176.041;
36	36	2.6 (8) a voluntary uncompensated worker, other than an inmate, rendering services in state
37	37	2.7institutions under the Direct Care and Treatment executive board and commissioner of
38	38	2.8corrections similar to those of officers and employees of the institutions, and whose services
39	39	2.9have been accepted or contracted for by the Direct Care and Treatment executive board and
40	40	2.10commissioner of corrections as authorized by law. In the event of injury or death of the
41	41	2.11worker, the daily wage of the worker, for the purpose of calculating compensation under
42	42	2.12this chapter, shall be the usual wage paid at the time of the injury or death for similar services
43	43	2.13in institutions where the services are performed by paid employees;
44	44	2.14 (9) a voluntary uncompensated worker engaged in emergency management as defined
45	45	2.15in section 12.03, subdivision 4, who is:
46	46	2.16 (i) registered with the state or any political subdivision of it, according to the procedures
47	47	2.17set forth in the state or political subdivision emergency operations plan; and
48	48	2.18 (ii) acting under the direction and control of, and within the scope of duties approved
49	49	2.19by, the state or political subdivision.
50	50	2.20The daily wage of the worker, for the purpose of calculating compensation under this chapter,
51	51	2.21shall be the usual wage paid at the time of the injury or death for similar services performed
52	52	2.22by paid employees;
53	53	2.23 (10) a voluntary uncompensated worker participating in a program established by a local
54	54	2.24social services agency. For purposes of this clause, "local social services agency" means
55	55	2.25any agency established under section 393.01. In the event of injury or death of the worker,
56	56	2.26the wage of the worker, for the purpose of calculating compensation under this chapter,
57	57	2.27shall be the usual wage paid in the county at the time of the injury or death for similar
58	58	2.28services performed by paid employees working a normal day and week;
59	59	2.29 (11) a voluntary uncompensated worker accepted by the commissioner of natural
60	60	2.30resources who is rendering services as a volunteer pursuant to section 84.089. The daily
61	61	2.31wage of the worker for the purpose of calculating compensation under this chapter, shall
62	62	2.32be the usual wage paid at the time of injury or death for similar services performed by paid
63	63	2.33employees;
64	64	2Section 1.
65	65	25-00164 as introduced04/02/25 REVISOR SS/MI 3.1 (12) a voluntary uncompensated worker in the building and construction industry who
66	66	3.2renders services for joint labor-management nonprofit community service projects. The
67	67	3.3daily wage of the worker for the purpose of calculating compensation under this chapter
68	68	3.4shall be the usual wage paid at the time of injury or death for similar services performed by
69	69	3.5paid employees;
70	70	3.6 (13) a member of the military forces, as defined in section 190.05, while in state active
71	71	3.7service, as defined in section 190.05, subdivision 5a. The daily wage of the member for the
72	72	3.8purpose of calculating compensation under this chapter shall be based on the member's
73	73	3.9usual earnings in civil life. If there is no evidence of previous occupation or earning, the
74	74	3.10trier of fact shall consider the member's earnings as a member of the military forces;
75	75	3.11 (14) a voluntary uncompensated worker, accepted by the director of the Minnesota
76	76	3.12Historical Society, rendering services as a volunteer, pursuant to chapter 138. The daily
77	77	3.13wage of the worker, for the purposes of calculating compensation under this chapter, shall
78	78	3.14be the usual wage paid at the time of injury or death for similar services performed by paid
79	79	3.15employees;
80	80	3.16 (15) a voluntary uncompensated worker, other than a student, who renders services at
81	81	3.17the Minnesota State Academy for the Deaf or the Minnesota State Academy for the Blind,
82	82	3.18and whose services have been accepted or contracted for by the commissioner of education,
83	83	3.19as authorized by law. In the event of injury or death of the worker, the daily wage of the
84	84	3.20worker, for the purpose of calculating compensation under this chapter, shall be the usual
85	85	3.21wage paid at the time of the injury or death for similar services performed in institutions
86	86	3.22by paid employees;
87	87	3.23 (16) a voluntary uncompensated worker, other than a resident of the veterans home, who
88	88	3.24renders services at a Minnesota veterans home, and whose services have been accepted or
89	89	3.25contracted for by the commissioner of veterans affairs, as authorized by law. In the event
90	90	3.26of injury or death of the worker, the daily wage of the worker, for the purpose of calculating
91	91	3.27compensation under this chapter, shall be the usual wage paid at the time of the injury or
92	92	3.28death for similar services performed in institutions by paid employees;
93	93	3.29 (17) a worker performing direct support services, including any of the following:
94	94	3.30 (i) under section 256B.0659 for a recipient in the home of the recipient or in the
95	95	3.31community under section 256B.0625, subdivision 19a, who is paid from government funds
96	96	3.32through a fiscal intermediary under section 256B.0659, subdivision 33. For purposes of
97	97	3.33maintaining workers' compensation insurance, the employer of the worker is as designated
98	98	3.34in law by the commissioner of the Department of Human Services, notwithstanding any
99	99	3Section 1.
100	100	25-00164 as introduced04/02/25 REVISOR SS/MI 4.1other law to the contrary where the personal care assistance provider agency is responsible
101	101	4.2for maintaining workers' compensation insurance for any employments not excluded under
102	102	4.3this chapter;
103	103	4.4 (ii) under section 256B.85 where the worker is either employed by an agency-provider
104	104	4.5or by a participant. When the worker is employed by a participant, the financial management
105	105	4.6services provider must require and verify that the participant maintains workers' compensation
106	106	4.7insurance for any employments not excluded under this chapter. When the worker is
107	107	4.8employed by an agency-provider, the agency-provider is responsible to maintain workers'
108	108	4.9compensation insurance for any employments not excluded under this chapter;
109	109	4.10 (iii) under section 256B.4911 where the worker is employed by the consumer-directed
110	110	4.11community supports participant. The financial management services provider must require
111	111	4.12and verify the participant maintains workers' compensation insurance for any employments
112	112	4.13not excluded under this chapter; and
113	113	4.14 (iv) under section 256.476 where the worker is employed by the consumer support grant
114	114	4.15participant. The financial management services provider must require and verify the
115	115	4.16participant maintains workers' compensation insurance for any employments not excluded
116	116	4.17under this chapter;
117	117	4.18 (18) students enrolled in and regularly attending the Medical School of the University
118	118	4.19of Minnesota in the graduate school program or the postgraduate program. The students
119	119	4.20shall not be considered employees for any other purpose. In the event of the student's injury
120	120	4.21or death, the weekly wage of the student for the purpose of calculating compensation under
121	121	4.22this chapter, shall be the annualized educational stipend awarded to the student, divided by
122	122	4.2352 weeks. The institution in which the student is enrolled shall be considered the "employer"
123	123	4.24for the limited purpose of determining responsibility for paying benefits under this chapter;
124	124	4.25 (19) a faculty member of the University of Minnesota employed for an academic year
125	125	4.26is also an employee for the period between that academic year and the succeeding academic
126	126	4.27year if:
127	127	4.28 (i) the member has a contract or reasonable assurance of a contract from the University
128	128	4.29of Minnesota for the succeeding academic year; and
129	129	4.30 (ii) the personal injury for which compensation is sought arises out of and in the course
130	130	4.31of activities related to the faculty member's employment by the University of Minnesota;
131	131	4.32 (20) a worker who performs volunteer ambulance driver or attendant services is an
132	132	4.33employee of the political subdivision, nonprofit hospital, nonprofit corporation, or other
133	133	4Section 1.
134	134	25-00164 as introduced04/02/25 REVISOR SS/MI 5.1entity for which the worker performs the services. The daily wage of the worker for the
135	135	5.2purpose of calculating compensation under this chapter shall be the usual wage paid at the
136	136	5.3time of injury or death for similar services performed by paid employees;
137	137	5.4 (21) a voluntary uncompensated worker, accepted by the commissioner of administration,
138	138	5.5rendering services as a volunteer at the Department of Administration. In the event of injury
139	139	5.6or death of the worker, the daily wage of the worker, for the purpose of calculating
140	140	5.7compensation under this chapter, shall be the usual wage paid at the time of the injury or
141	141	5.8death for similar services performed in institutions by paid employees;
142	142	5.9 (22) a voluntary uncompensated worker rendering service directly to the Pollution
143	143	5.10Control Agency. The daily wage of the worker for the purpose of calculating compensation
144	144	5.11payable under this chapter is the usual going wage paid at the time of injury or death for
145	145	5.12similar services if the services are performed by paid employees;
146	146	5.13 (23) a voluntary uncompensated worker while volunteering services as a first responder
147	147	5.14or as a member of a law enforcement assistance organization while acting under the
148	148	5.15supervision and authority of a political subdivision. The daily wage of the worker for the
149	149	5.16purpose of calculating compensation payable under this chapter is the usual going wage
150	150	5.17paid at the time of injury or death for similar services if the services are performed by paid
151	151	5.18employees;
152	152	5.19 (24) a voluntary uncompensated member of the civil air patrol rendering service on the
153	153	5.20request and under the authority of the state or any of its political subdivisions. The daily
154	154	5.21wage of the member for the purposes of calculating compensation payable under this chapter
155	155	5.22is the usual going wage paid at the time of injury or death for similar services if the services
156	156	5.23are performed by paid employees; and
157	157	5.24 (25) a Minnesota Responds Medical Reserve Corps volunteer, as provided in sections
158	158	5.25145A.04 and 145A.06, responding at the request of or engaged in training conducted by the
159	159	5.26commissioner of health. The daily wage of the volunteer for the purposes of calculating
160	160	5.27compensation payable under this chapter is established in section 145A.06. A person who
161	161	5.28qualifies under this clause and who may also qualify under another clause of this subdivision
162	162	5.29shall receive benefits in accordance with this clause.
163	163	5.30 If it is difficult to determine the daily wage as provided in this subdivision, the trier of
164	164	5.31fact may determine the wage upon which the compensation is payable.
165	165	5.32 (b) For purposes of this chapter "employee" does not include farmers or members of
166	166	5.33their family who exchange work with other farmers in the same community.
167	167	5Section 1.
168	168	25-00164 as introduced04/02/25 REVISOR SS/MI 6.1 EFFECTIVE DATE.This section is effective the day following final enactment.
169	169	6.2 Sec. 2. Minnesota Statutes 2024, section 176.011, subdivision 11, is amended to read:
170	170	6.3 Subd. 11.Executive officer of a corporation."Executive officer of a corporation"
171	171	6.4means any officer of a corporation elected or appointed in accordance with its charter or
172	172	6.5bylaws or pursuant to section 302A.011, subdivision 18.
173	173	6.6 EFFECTIVE DATE.This section is effective the day following final enactment.
174	174	6.7 Sec. 3. Minnesota Statutes 2024, section 176.041, subdivision 1, is amended to read:
175	175	6.8 Subdivision 1.Employments excluded.This chapter does not apply to any of the
176	176	6.9following:
177	177	6.10 (1) a person employed by a common carrier by railroad engaged in interstate or foreign
178	178	6.11commerce and who is covered by the Federal Employers' Liability Act, United States Code,
179	179	6.12title 45, sections 51 to 60, or other comparable federal law;
180	180	6.13 (2) a person employed by a family farm as defined by section 176.011, subdivision 11a;
181	181	6.14 (3) the spouse, parent, and child, regardless of age, of a farmer-employer working for
182	182	6.15the farmer-employer;
183	183	6.16 (4) a sole proprietor, or the spouse, parent, and child, regardless of age, of a sole
184	184	6.17proprietor;
185	185	6.18 (5) a partner engaged in a farm operation or a partner engaged in a business and the
186	186	6.19spouse, parent, and child, regardless of age, of a partner in the farm operation or business;
187	187	6.20 (6) an executive officer, as defined in section 176.011, subdivision 11, of a family farm
188	188	6.21corporation;
189	189	6.22 (7) an executive officer, as defined in section 176.011, subdivision 11, of a closely held
190	190	6.23corporation having less than 22,880 hours of payroll in the preceding calendar year, if that
191	191	6.24executive officer owns at least 25 percent of the stock of the corporation;
192	192	6.25 (8) a spouse, parent, or child, regardless of age, of an executive officer of a family farm
193	193	6.26corporation as defined in section 500.24, subdivision 2, and employed by that family farm
194	194	6.27corporation;
195	195	6.28 (9) a spouse, parent, or child, regardless of age, of an executive officer of a closely held
196	196	6.29corporation who is referred to in clause (7);
197	197	6Sec. 3.
198	198	25-00164 as introduced04/02/25 REVISOR SS/MI 7.1 (10) another farmer or a member of the other farmer's family exchanging work with the
199	199	7.2farmer-employer or family farm corporation operator in the same community;
200	200	7.3 (11) a person whose employment at the time of the injury is casual and not in the usual
201	201	7.4course of the trade, business, profession, or occupation of the employer;
202	202	7.5 (12) persons who are independent contractors as defined by sections 176.043 and 181.723,
203	203	7.6and any rules adopted by the commissioner pursuant to section 176.83 except that these
204	204	7.7exclusions do not apply to an employee of an independent contractor;
205	205	7.8 (13) an officer or a member of a veterans' organization whose employment relationship
206	206	7.9arises solely by virtue of attending meetings or conventions of the veterans' organization,
207	207	7.10unless the veterans' organization elects by resolution to provide coverage under this chapter
208	208	7.11for the officer or member;
209	209	7.12 (14) a person employed as a household worker in, for, or about a private home or
210	210	7.13household who earns less than $1,000 in cash in a three-month period from a single private
211	211	7.14home or household provided that a household worker who has earned $1,000 or more from
212	212	7.15the household worker's present employer in a three-month period within the previous year
213	213	7.16is covered by this chapter regardless of whether or not the household worker has earned
214	214	7.17$1,000 in the present quarter;
215	215	7.18 (15) persons employed by a closely held corporation who are related by blood or marriage,
216	216	7.19within the third degree of kindred according to the rules of civil law, to an officer of the
217	217	7.20corporation, who is referred to in clause (7), if the corporation files a written election with
218	218	7.21the commissioner to exclude such individuals. A written election is not required for a person
219	219	7.22who is otherwise excluded from this chapter by this section;
220	220	7.23 (16) a nonprofit association which does not pay more than $1,000 in salary or wages in
221	221	7.24a year;
222	222	7.25 (17) persons covered under the Domestic Volunteer Service Act of 1973, as amended,
223	223	7.26United States Code, title 42, sections 5011, et seq.;
224	224	7.27 (18) a manager of a limited liability company having ten or fewer members and having
225	225	7.28less than 22,880 hours of payroll in the preceding calendar year, if that manager owns at
226	226	7.29least a 25 percent membership interest in the limited liability company;
227	227	7.30 (19) a spouse, parent, or child, regardless of age, of a manager of a limited liability
228	228	7.31company described in clause (18);
229	229	7.32 (20) persons employed by a limited liability company having ten or fewer members and
230	230	7.33having less than 22,880 hours of payroll in the preceding calendar year who are related by
231	231	7Sec. 3.
232	232	25-00164 as introduced04/02/25 REVISOR SS/MI 8.1blood or marriage, within the third degree of kindred according to the rules of civil law, to
233	233	8.2a manager of a limited liability company described in clause (18), if the company files a
234	234	8.3written election with the commissioner to exclude these persons. A written election is not
235	235	8.4required for a person who is otherwise excluded from this chapter by this section; or
236	236	8.5 (21) members of limited liability companies who satisfy the requirements of clause (12).
237	237	8.6 EFFECTIVE DATE.This section is effective the day following final enactment.
238	238	8.7 Sec. 4. Minnesota Statutes 2024, section 176.135, subdivision 1, is amended to read:
239	239	8.8 Subdivision 1.Medical, psychological, chiropractic, podiatric, surgical, hospital.(a)
240	240	8.9The employer shall furnish any medical, psychological, chiropractic, podiatric, surgical and
241	241	8.10hospital treatment, including nursing, medicines, medical, chiropractic, podiatric, and
242	242	8.11surgical supplies, crutches and apparatus, including artificial members, or, at the option of
243	243	8.12the employee, if the employer has not filed notice as hereinafter provided, Christian Science
244	244	8.13treatment in lieu of medical treatment, chiropractic medicine and medical supplies, as may
245	245	8.14reasonably be required at the time of the injury and any time thereafter to cure and relieve
246	246	8.15from the effects of the injury. This treatment shall include treatments necessary to physical
247	247	8.16rehabilitation.
248	248	8.17 (b) The employer shall pay for the reasonable value of nursing services provided by a
249	249	8.18member of the employee's family or household in cases of permanent total disability.
250	250	8.19 (c) Exposure to rabies is an injury and an employer shall furnish preventative treatment
251	251	8.20to employees exposed to rabies.
252	252	8.21 (d) The employer shall furnish replacement or repair for artificial members, glasses or
253	253	8.22spectacles, artificial eyes, podiatric orthotics, dental bridge work, dentures or artificial teeth,
254	254	8.23hearing aids, canes, crutches, or wheel chairs damaged by reason of an injury arising out
255	255	8.24of and in the course of the employment. If an item under this paragraph is customized
256	256	8.25specifically for the injured worker, the item is the property of the injured worker. For the
257	257	8.26purpose of this paragraph, "injury" includes damage wholly or in part to an artificial member.
258	258	8.27In case of the employer's inability or refusal to timely provide the items required to be
259	259	8.28provided under this paragraph, the employer is liable for the reasonable expense incurred
260	260	8.29by or on behalf of the employee in providing the same, including costs of copies of any
261	261	8.30medical records or medical reports that are in existence, obtained from health care providers,
262	262	8.31and that directly relate to the items for which payment is sought under this chapter, limited
263	263	8.32to the charges allowed by subdivision 7, and attorney fees incurred by the employee.
264	264	8Sec. 4.
265	265	25-00164 as introduced04/02/25 REVISOR SS/MI 9.1 (e) Both the commissioner and the compensation judges have authority to make
266	266	9.2determinations under this section in accordance with sections 176.106 and 176.305.
267	267	9.3 (f) An employer may require that the treatment and supplies required to be provided by
268	268	9.4an employer by this section be received in whole or in part from a managed care plan certified
269	269	9.5under section 176.1351 except as otherwise provided by that section.
270	270	9.6 (g) An employer may designate a pharmacy or network of pharmacies that employees
271	271	9.7must use to obtain outpatient prescription and nonprescription medications. An employee
272	272	9.8is not required to obtain outpatient medications at a designated pharmacy unless the pharmacy
273	273	9.9is located within 15 miles of the employee's place of residence.
274	274	9.10 (h) Notwithstanding any fees established by rule adopted under section 176.136, an
275	275	9.11employer may contract for the cost of medication provided to employees. All requests for
276	276	9.12reimbursement from the special compensation fund formerly codified under section 176.131
277	277	9.13for medication provided to an employee must be accompanied by the dispensing pharmacy's
278	278	9.14invoice showing its usual and customary charge for the medication at the time it was
279	279	9.15dispensed to the employee. The special compensation fund shall not reimburse any amount
280	280	9.16that exceeds the maximum amount payable for the medication under Minnesota Rules, part
281	281	9.175221.4070, subparts 3 and 4, notwithstanding any contract under Minnesota Rules, part
282	282	9.185221.4070, subpart 5, that provides for a different reimbursement amount.
283	283	9.19 EFFECTIVE DATE.This section is effective the day following final enactment.
284	284	9.20 Sec. 5. Minnesota Statutes 2024, section 176.151, is amended to read:
285	285	9.21 176.151 TIME LIMITATIONS.
286	286	9.22 The time within which the following acts shall be performed shall be limited to the
287	287	9.23following periods, respectively:
288	288	9.24 (a) Actions or proceedings by an injured employee to determine or recover compensation,
289	289	9.25three years after the employer has made a written report of the injury has been made to the
290	290	9.26commissioner of the Department of Labor and Industry, but not to exceed six years from
291	291	9.27the date of the accident.
292	292	9.28 (b) Actions or proceedings by dependents to determine or recover compensation, three
293	293	9.29years after the receipt by the commissioner of the Department of Labor and Industry of
294	294	9.30written notice of death, given by the employer, but not to exceed six years from the date of
295	295	9.31injury, provided, however, if the employee was paid compensation for the injury from which
296	296	9.32the death resulted, such actions or proceedings by dependents must be commenced within
297	297	9.33three years after the receipt by the commissioner of the Department of Labor and Industry
298	298	9Sec. 5.
299	299	25-00164 as introduced04/02/25 REVISOR SS/MI 10.1of written notice of death, given by the employer, but not to exceed six years from the date
300	300	10.2of death. In any such case, if a dependent of the deceased, or any one in the dependent's
301	301	10.3behalf, gives written notice of such death to the commissioner of the Department of Labor
302	302	10.4and Industry, the commissioner shall forthwith give written notice to the employer of the
303	303	10.5time and place of such death. In case the deceased was a native of a foreign country and
304	304	10.6leaves no known dependent within the United States, the commissioner of the Department
305	305	10.7of Labor and Industry shall give written notice of the death to the consul or other
306	306	10.8representative of the foreign country forthwith.
307	307	10.9 (c) In case of physical or mental incapacity, other than minority, of the injured person
308	308	10.10or dependents to perform or cause to be performed any act required within the time specified
309	309	10.11in this section, the period of limitation in any such case shall be extended for three years
310	310	10.12from the date when the incapacity ceases.
311	311	10.13 (d) In the case of injury caused by x-rays, radium, radioactive substances or machines,
312	312	10.14ionizing radiation, or any other occupational disease, the time limitations otherwise prescribed
313	313	10.15by Minnesota Statutes 1961, chapter 176, and acts amendatory thereof, shall not apply, but
314	314	10.16the employee shall give notice to the employer and commence an action within three years
315	315	10.17after the employee has knowledge of the cause of such injury and the injury has resulted in
316	316	10.18disability.
317	317	10.19 EFFECTIVE DATE.This section is effective the day following final enactment.
318	318	10.20Sec. 6. Minnesota Statutes 2024, section 176.175, subdivision 2, is amended to read:
319	319	10.21 Subd. 2.Nonassignability.No claim for compensation or settlement of a claim for
320	320	10.22compensation owned by an injured employee or dependents is assignable. Except as otherwise
321	321	10.23provided in this chapter, any claim for compensation owned by an injured employee or
322	322	10.24dependents is exempt from seizure or sale for the payment of any debt or liability, up to a
323	323	10.25total amount of $1,000,000 $10,000,000 per claim and subsequent award.
324	324	10.26 EFFECTIVE DATE.This section is effective for dates of injury on or after October
325	325	10.271, 2025.
326	326	10.28Sec. 7. Minnesota Statutes 2024, section 176.361, subdivision 2, is amended to read:
327	327	10.29 Subd. 2.Written motion.(a) A person desiring to intervene in a workers' compensation
328	328	10.30case as a party, including but not limited to a health care provider who has rendered services
329	329	10.31to an employee or an insurer who has paid benefits under section 176.191, shall submit a
330	330	10Sec. 7.
331	331	25-00164 as introduced04/02/25 REVISOR SS/MI 11.1timely written motion to intervene to the commissioner, the office, or to the court of appeals,
332	332	11.2whichever is applicable.
333	333	11.3 (a) (b) The motion must be served on all parties, except for other intervenors, either
334	334	11.4personally, by first class mail, or by registered mail, return receipt requested. A motion to
335	335	11.5intervene must be served and filed within 60 days after a potential intervenor has been
336	336	11.6served with notice of a right to intervene or within 30 days of notice of an administrative
337	337	11.7conference or expedited hearing. Upon the filing of a timely motion to intervene, the potential
338	338	11.8intervenor shall be granted intervenor status without the need for an order. Objections to
339	339	11.9the intervention may be subsequently addressed by a compensation judge. Except where a
340	340	11.10member of the employee's family or household is supplying nursing services pursuant to
341	341	11.11section 176.135, subdivision 1, paragraph (b), where a motion to intervene is not timely
342	342	11.12filed under this section, the potential intervenor interest shall be extinguished and the potential
343	343	11.13intervenor may not collect, or attempt to collect, the extinguished interest from the employee,
344	344	11.14employer, insurer, or any government program.
345	345	11.15 (b) (c) The motion must show how the applicant's legal rights, duties, or privileges may
346	346	11.16be determined or affected by the case; state the grounds and purposes for which intervention
347	347	11.17is sought; and indicate the statutory right to intervene. The motion must be accompanied
348	348	11.18by the following:
349	349	11.19 (1) an itemization of disability payments showing the period during which the payments
350	350	11.20were or are being made; the weekly or monthly rate of the payments; and the amount of
351	351	11.21reimbursement claimed;
352	352	11.22 (2) a summary of the medical or treatment payments, or rehabilitation services provided
353	353	11.23by the Vocational Rehabilitation Unit, broken down by creditor, showing the total bill
354	354	11.24submitted, the period of treatment or rehabilitation covered by that bill, the amount of
355	355	11.25payment on that bill, and to whom the payment was made;
356	356	11.26 (3) copies of all medical or treatment bills for which payment is sought;
357	357	11.27 (4) copies of the work sheets or other information stating how the payments on medical
358	358	11.28or treatment bills were calculated;
359	359	11.29 (5) a copy of the relevant policy or contract provisions upon which the claim for
360	360	11.30reimbursement is based;
361	361	11.31 (6) the name and telephone number of the person representing the intervenor who has
362	362	11.32authority to represent the intervenor, including but not limited to the authority to reach a
363	363	11.33settlement of the issues in dispute;
364	364	11Sec. 7.
365	365	25-00164 as introduced04/02/25 REVISOR SS/MI 12.1 (7) proof of service or copy of the registered mail receipt evidencing service on all parties
366	366	12.2except for other intervenors;
367	367	12.3 (8) at the option of the intervenor, a proposed stipulation which states that all of the
368	368	12.4payments for which reimbursement is claimed are related to the injury or condition in dispute
369	369	12.5in the case and that, if the petitioner is successful in proving the compensability of the claim,
370	370	12.6it is agreed that the sum be reimbursed to the intervenor; and
371	371	12.7 (9) if represented by an attorney, the name, address, telephone number, and Minnesota
372	372	12.8Supreme Court license number of the attorney.
373	373	12.9 EFFECTIVE DATE.This section is effective the day following final enactment.
374	374	12.10Sec. 8. Minnesota Statutes 2024, section 176.421, subdivision 4, is amended to read:
375	375	12.11 Subd. 4.Service and filing of notice; cost of transcript.Within the 30-day period for
376	376	12.12taking an appeal, the appellant shall:
377	377	12.13 (1) serve a copy of the notice of appeal on each adverse party; and
378	378	12.14 (2) pursuant to section 176.285, file the original notice of appeal, with proof of service
379	379	12.15by admission or affidavit, with the chief administrative law judge and file a copy with the
380	380	12.16commissioner.
381	381	12.17 In order to defray the cost of the preparation of the record of the proceedings appealed
382	382	12.18from, each appellant and cross-appellant shall pay to the commissioner of management and
383	383	12.19budget, Office of Administrative Hearings account the sum of $25. The filing fee must be
384	384	12.20received by the Office of Administrative Hearings within ten business days after the end of
385	385	12.21the appeal period. If the filing fee is not received within ten days after the appeal period,
386	386	12.22the appeal is not timely filed.
387	387	12.23 The first party to file an appeal is liable for the original cost of preparation of the
388	388	12.24transcript. Cross-appellants or any other persons requesting a copy of the transcript are
389	389	12.25liable for the cost of the copy. The chief administrative law judge may require payment for
390	390	12.26transcription costs to be made in advance of the transcript preparation. The cost of a transcript
391	391	12.27prepared by a nongovernmental source shall be paid directly to that source and shall not
392	392	12.28exceed the cost that the source would be able to charge the state for the same service.
393	393	12.29 Upon a showing of cause, the chief administrative law judge may direct that a transcript
394	394	12.30be prepared without expense to the party requesting its preparation, in which case the cost
395	395	12.31of the transcript shall be paid by the Office of Administrative Hearings.
396	396	12Sec. 8.
397	397	25-00164 as introduced04/02/25 REVISOR SS/MI 13.1 All fees received by the Office of Administrative Hearings for the preparation of the
398	398	13.2record for submission to the Workers' Compensation Court of Appeals or for the cost of
399	399	13.3transcripts prepared by the office shall be deposited in the Office of Administrative Hearings
400	400	13.4account in the state treasury and shall be used solely for the purpose of keeping the record
401	401	13.5of hearings conducted under this chapter and the preparation of transcripts of those hearings.
402	402	13.6 EFFECTIVE DATE.This section is effective the day following final enactment.
403	403	13.7 Sec. 9. REPEALER.
404	404	13.8 Minnesota Rules, part 5220.2840, is repealed.
405	405	13.9 EFFECTIVE DATE.This section is effective the day following final enactment.
406	406	13Sec. 9.
407	407	25-00164 as introduced04/02/25 REVISOR SS/MI 5220.2840FAILURE TO MAKE PAYMENT OR REPORT TO SPECIAL FUND;
408	408	PENALTY.
409	409	Subpart 1.Due date.For workers' compensation benefits paid from January 1 through
410	410	June 30, the due date of the completed assessment form and corresponding assessment
411	411	amount is August 15 of the same calendar year.
412	412	For workers' compensation benefits paid from July 1 through December 31, the due
413	413	date of the corresponding assessment amount is March 1 of the following calendar year.
414	414	Notice of the assessment rate and instructions for payment will be issued by the fund
415	415	45 or more days before the due date.
416	416	Insurers no longer licensed to provide, or no longer providing workers' compensation
417	417	insurance in Minnesota, and employers no longer self-insured to provide workers'
418	418	compensation benefits must continue to file the assessment form until five years have elapsed
419	419	since a policy of workers' compensation insurance or self-insurance was provided, or three
420	420	years after the last indemnity payment was made, whichever is later. Insurers not owing an
421	421	assessment must report zero liability during the required reporting years.
422	422	Subp. 2.Basis.A penalty will be assessed under Minnesota Statutes, section 176.129,
423	423	subdivision 10, where either:
424	424	A.the completed assessment form and payment of the special compensation fund
425	425	assessment; or
426	426	B.written certification that the assessment report and assessment payment will
427	427	not be made by the due date because of reasons beyond the control of the insurer or because
428	428	no assessment is owing, is not received by the special compensation fund on or before the
429	429	due date.
430	430	Subp. 3.Amount.Within 30 days of the due date, the special compensation fund will
431	431	give notice of penalty to those who have neither filed the completed assessment form and
432	432	paid the assessment amount, nor submitted a certified reason for nonpayment by the due
433	433	date as follows:
434	434	A.Either:
435	435	(1)2.5 percent of the assessment amount due if the assessment payment is
436	436	received at the fund within five days after the due date;
437	437	(2)five percent of the assessment amount due if the assessment payment is
438	438	received at the fund within six to 30 days after the due date;
439	439	(3)ten percent of the assessment amount due if the assessment payment is
440	440	received at the fund within 31 to 60 days after the due date; or
441	441	(4)15 percent of the assessment amount due if the assessment payment is
442	442	received at the fund 61 or more days after the due date;
443	443	B.$1,000, whichever is greater; or
444	444	C.$200 for failure to timely report under subpart 2, item B, that no assessment is
445	445	due.
446	446	Subp. 4.Payable to.The penalty is payable to the commissioner for deposit in the
447	447	assigned risk safety account.
448	448	Subp. 5.Continued nonpayment.If the insurer penalized does not make payment
449	449	within six months of the due date, the fund director shall refer the file to the Department of
450	450	Commerce for consideration of license or permit revocation.
451	451	1R
452	452	APPENDIX
453	453	Repealed Minnesota Rules: 25-00164