Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Alexis C. Stangl
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 1159 - Workers Compensation Advisory Council Recommendations (Second Engrossment)
 
Author: Senator Theodore Lillie
 
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: May 11, 2011



 

Section 1, subdivision 2 (Chief administrative law judge) changes references to Chapters 14 and 176 (relating to Workers’ Compensation) to refer to the Office of Administrative Hearings. 

Section 2, subdivision 3 (Administrative law judges and compensation judges) changes the subdivision to allow that only compensation judges may conduct workers' compensation proceedings. 

Section 3 [Temporary administrative law judges] removes the ability for the chief administrative law judge to contract with qualified individuals to serve as compensation judges when regularly appointed compensation judges are unavailable.  Requires compensation judges to be employees of the state, except when the regular compensation judges are disqualified from a case. 

Section 4 [Hearings before administrative law judge] removes the ability for an administrative law judge to conduct hearings under Chapter 176 (relating to Workers’ Compensation). 

Section 5, subdivision 1 (Scope) deletes reference to "commissioner's designee" and replaces it with "compensation judge." 

Section 6, subdivision 3 (Conference) adds "or compensation judge" to include compensation judges in the process of scheduling administrative conferences. 

Sections 7 and 8 delete "commissioner's designee" and instead refer to the commissioner or compensation judge. 

Section 9, subdivision 7 (Request for hearing) deletes "commissioner's designee" and instead refers to the commissioner or compensation judge.  Requires that when a particular compensation judge issued an administrative decision, a formal de novo hearing on the matter must be held before a different compensation judge. 

Section 10, subdivision 8 (Denial of primary liability) deletes reference to section 176.305 (relating to petitions filed with the Workers' Compensation Division). 

Section 11, subdivision 9 (Subsequent causation issues) adds "compensation judge" to the subdivision and includes a reference to de novo hearings as provided in Section 9.

Section 12, subdivision 2 (Cost) provides that costs of obtaining architectural certification and supervision are included in the $75,000 limit in Section 14.

Section 13, subdivision 4 (Certification) allows that certain remodeling or alteration projects do not require an architect's certification and supervision.

Section 14, subdivision 5 (Limitation) increases the amount an employee who is permanently disabled because of a work-related personal injury may receive for remodeling or alteration of the employee's principal residence to accommodate the disability from $60,000 to $75,000.

Section 15, subdivision 6 (Expedited hearing before compensation judge) uses the term "interim administrative decision" instead of "the commissioner's decision."  Requires that when a compensation judge issued the interim decision, the de novo hearing on the matter must be held before a different compensation judge. 

Section 16, subdivision 1 (Hearings on petitions) requires the commissioner to now refer all petitions over which the commissioner lacks jurisdiction to the Administrative Hearings Office. 

Section 17, subdivision 1a (Settlement and pretrial conferences; summary decision) requires the chief administrative law judge to promptly assign a petition to a compensation judge and schedule a settlement conference by a compensation judge within a certain timeframe. 

Section 18 [Compensation judges; block system] allows the chief administrative law judge to assign cases using a block system, with exceptions.  Provides that the block system is the preferred means of assignment of cases. 

Section 19, subdivision 4 (Continuances) allows cancelation of settlement conferences if all parties agree to cancelation. 

Section 20 [Medical fee review; wholesale acquisition cost standard] requires the commissioner to replace the “average wholesale price" standard with the "wholesale acquisition cost" standard in Minnesota Rules 5221.4070 (relating to pharmacies).

Section 21 [Appropriation] appropriates up to $600,000 from the special compensation fund to implement a case management system and electronic filing system.  Requires that the review panel for proposals for the case management and electronic filing system include one labor representative and one business representative serving on the Council on Workers' Compensation.

Section 22 [Revisor's instruction] directs the revisor to change the term "commissioner's decision" to "interim administrative decision" where it occurs in statute.

[Effective date] paragraph (a) provides an effective date of August 1, 2011, for sections 1 to 11 and 15 to 21.

Paragraph (b) provides an effective date of the day following final enactment for sections 12 to 14.

CDF/syl

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 05/11/2011
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn