Subdivision 1. Definitions. (a) For purposes of this section, the definitions in this subdivision apply unless otherwise specified.
(b) "Commissioner" means the commissioner of labor and industry.
(c) "Department" means the Department of Labor and Industry.
(d) "Document" includes all data, whether in electronic or paper format, that is filed with or issued by the office or department related to a claim-specific dispute resolution proceeding under this section.
(e) "Office" means the Office of Administrative Hearings.
Subd. 2. Applicability. Subject to further amendments pursuant to section 176.2612, subdivision 2, this section specifies whether documents must be filed with the office or the commissioner, and governs access to dispute-related documents and data at the office or department. This section prevails over any conflicting provision in this chapter, Laws 1998, chapter 366, or corresponding rules.
Subd. 3. Documents that must be filed with the office. Except as provided in subdivision 4 and section 176.421, all documents that require action by the office under this chapter must be filed, electronically or in paper format, with the office as required by the chief administrative law judge. Filing a document that initiates or is filed in preparation for a proceeding at the office satisfies any requirement under this chapter that the document must be filed with the commissioner.
Subd. 4. Documents that must be filed with the commissioner. (a) The following documents must be filed directly with the commissioner in the format and manner prescribed by the commissioner:
(1) all requests for an administrative conference under section 176.106, regardless of the amount in dispute;
(2) a motion to intervene in an administrative conference that is pending at the department;
(3) any other document related to an administrative conference that is pending at the department;
(4) an objection to a penalty assessed by the commissioner or the department;
(5) requests for medical and rehabilitation dispute certification under section 176.081, subdivision 1, paragraph (c), including related documents; and
(6) except as provided in this subdivision or subdivision 3, any other document required to be filed with the commissioner.
(b) The filing requirement in paragraph (a), clause (1), makes no changes to the jurisdictional provisions in section 176.106. A claim petition that contains only medical or rehabilitation issues, unless primary liability is disputed, is considered to be a request for an administrative conference and must be filed with the commissioner.
(c) The commissioner must refer a timely, unresolved objection to a penalty under paragraph (a), clause (4), to the office within 60 calendar days.
Subd. 5. Form revision and access to documents and data. (a) The commissioner must revise dispute resolution forms, in consultation with the chief administrative law judge, to reflect the filing requirements in this section.
(b) Until August 31, 2020, the office must send the department all documents that are accepted for filing or issued by the office. The office must send the documents to the department, electronically or by courier, within two business days of when the documents are accepted for filing or issued by the office. Beginning August 31, 2020, all dispute-related documents accepted for filing or issued by the office, and all dispute-related documents filed with the department that are referred to the office under section 176.106, must be immediately transmitted between the office's case management system and CAMPUS using application programming interfaces.
Subd. 6. Data privacy. (a) All documents filed with or issued by the office under this chapter are private data on individuals and nonpublic data pursuant to chapter 13, except that the documents are available to the following:
(1) the office;
(2) the department;
(3) the employer;
(4) the insurer;
(5) the employee;
(6) the dependent of a deceased employee;
(7) an intervenor in the dispute;
(8) the attorney to a party in the dispute;
(9) a person who furnishes written authorization from the employer, insurer, employee, or dependent of a deceased employee; and
(10) a person, agency, or other entity allowed access to the documents under this chapter or other law.
Once a document filed with or issued by the office under this chapter is transmitted to the commissioner under subdivision 5 or section 176.281, access to the document in the division file is as provided in section 176.231.
(b) The office and department may post notice of scheduled proceedings on the agencies' websites and at their principal places of business in any manner that protects the employee's identifying information. Identifying information includes the employee's name or any part of the employee's name.
Subd. 7. Workers' Compensation Court of Appeals. The Workers' Compensation Court of Appeals has authority to amend its rules of procedure to reflect electronic filing with the office under this section for purposes of section 176.421, subdivision 5, and to allow electronic filing with the court under section 176.285. The court may amend its rules using the procedure in section 14.389.
2018 c 185 art 1 s 4; 1Sp2019 c 7 art 12 s 8-10; 7Sp2020 c 1 art 2 s 17
Structure Minnesota Statutes
Chapters 175 - 186 — Labor, Industry
Chapter 176 — Workers' Compensation
Section 176.001 — Intent Of The Legislature.
Section 176.011 — Definitions.
Section 176.021 — Application To Employers And Employees.
Section 176.031 — Employer's Liability Exclusive.
Section 176.041 — Excluded Employments; Application, Exceptions, Election Of Coverage.
Section 176.043 — Trucking And Messenger/courier Industries; Independent Contractors.
Section 176.051 — Assumption Of Liability; Farm And Household Workers.
Section 176.061 — Third-party Liability.
Section 176.071 — Joint Employers; Contribution.
Section 176.081 — Legal Services Or Disbursements; Lien; Review.
Section 176.091 — Minor Employees.
Section 176.092 — Guardian; Conservator.
Section 176.095 — Legislative Findings.
Section 176.101 — Compensation Schedule.
Section 176.102 — Rehabilitation.
Section 176.103 — Medical Health Care Review.
Section 176.104 — Rehabilitation Prior To Determination Of Liability.
Section 176.105 — Commissioner To Establish Disability Schedules.
Section 176.106 — Administrative Conference.
Section 176.107 — Teleconferences.
Section 176.108 — Light-duty Work Pools.
Section 176.111 — Dependents, Allowances.
Section 176.121 — Commencement Of Compensation.
Section 176.129 — Creation Of Special Compensation Fund.
Section 176.1292 — Forbearance Of Amounts Owed To The Special Compensation Fund.
Section 176.130 — Targeted Industry Fund; Loggers.
Section 176.1321 — Effective Date Of Benefit Changes.
Section 176.1361 — Testimony Of Providers.
Section 176.1362 — Inpatient Hospital Payment.
Section 176.1363 — Ambulatory Surgical Center Payment.
Section 176.1364 — Workers' Compensation Hospital Outpatient Fee Schedule.
Section 176.1365 — Outpatient Billing, Payment, And Dispute Resolution.
Section 176.137 — Remodeling Of Residence; Disabled Employees.
Section 176.138 — Medical Data; Access.
Section 176.1812 — Collective Bargaining Agreements.
Section 176.182 — Business Licenses Or Permits; Coverage Required.
Section 176.184 — Inspections; Enforcement.
Section 176.185 — Policy Of Insurance.
Section 176.186 — Records From Other State Agencies.
Section 176.191 — Dispute Between Two Or More Employers Or Insurers Regarding Liability.
Section 176.192 — Bomb Disposal Unit Employees.
Section 176.645 — Adjustment Of Benefits.
Section 176.651 — Severability.
Section 176.66 — Occupational Diseases; How Regarded.
Section 176.82 — Action For Civil Damages For Obstructing Employee Seeking Benefits.
Section 176.135 — Treatment; Appliances; Supplies.
Section 176.1351 — Managed Care.
Section 176.136 — Medical Fee Review.
Section 176.139 — Notice Of Rights Posted.
Section 176.141 — Notice Of Injury.
Section 176.145 — Service Of Notice, Form.
Section 176.235 — Notice To Employers And Injured Employee Of Rights And Duties.
Section 176.238 — Notice Of Discontinuance Of Compensation.
Section 176.151 — Time Limitations.
Section 176.155 — Examinations.
Section 176.161 — Alien Dependents.
Section 176.165 — Lump-sum Payments.
Section 176.171 — Payment To Trustee.
Section 176.175 — Right To Compensation, Award.
Section 176.221 — Payment Of Compensation And Treatment Charges, Commencement.
Section 176.222 — Report On Collection And Assessment Of Fines And Penalties.
Section 176.223 — Prompt First Action Report.
Section 176.225 — Additional Award As Penalty.
Section 176.179 — Recovery Of Overpayments.
Section 176.194 — Prohibited Practices.
Section 176.195 — Revocation Of Insurer's License.
Section 176.201 — Discriminatory Rates.
Section 176.205 — Person Deemed Employer.
Section 176.211 — Acts Or Omissions Of Third Persons.
Section 176.215 — Subcontractor's Failure To Comply With Chapter.
Section 176.231 — Report Of Death Or Injury To Commissioner Of Department Of Labor And Industry.
Section 176.234 — Release Of Data For Epidemiologic Study.
Section 176.239 — Administrative Decision Concerning Discontinuance Of Compensation.
Section 176.245 — Receipts For Payment Of Compensation, Filing.
Section 176.251 — Duties Of Commissioner Of Department Of Labor And Industry.
Section 176.253 — Insurer, Employer, And Third-party Administrator; Performance Of Acts.
Section 176.2612 — Workers' Compensation Claims Access And Management Platform User System (campus).
Section 176.271 — Initiation Of Proceedings.
Section 176.275 — Filing Of Papers; Proof Of Service.
Section 176.281 — Orders, Decisions, And Awards; Filing; Service.
Section 176.285 — Service Of Papers And Notices; Electronic Filing.
Section 176.291 — Disputes; Petitions; Procedure.
Section 176.295 — Nonresident Employers; Foreign Corporation.
Section 176.301 — Determination Of Issues.
Section 176.305 — Petitions Filed With Workers' Compensation Division.
Section 176.306 — Scheduled Hearings.
Section 176.307 — Compensation Judges; Block System.
Section 176.311 — Reassignment Of Petition For Hearing.
Section 176.312 — Affidavits Of Prejudice And Petitions For Reassignment.
Section 176.321 — Answer To Petition.
Section 176.322 — Decisions Based On Stipulated Facts.
Section 176.325 — Certified Question.
Section 176.331 — Proceedings When Answer Not Filed.
Section 176.341 — Hearing On Petition.
Section 176.351 — Testimonial Powers.
Section 176.361 — Intervention.
Section 176.371 — Award Or Disallowance Of Compensation.
Section 176.381 — Reference Of Questions Of Fact.
Section 176.391 — Investigations.
Section 176.401 — Hearings Public.
Section 176.411 — Rules Of Evidence, Pleading, And Procedure.
Section 176.421 — Appeals To Workers' Compensation Court Of Appeals.
Section 176.442 — Appeals From Decisions Of Commissioner.
Section 176.461 — Setting Aside Award.
Section 176.471 — Review By Supreme Court On Certiorari.
Section 176.481 — Original Jurisdiction Of Supreme Court.
Section 176.491 — Stay Of Proceedings Pending Disposition Of Case.
Section 176.521 — Settlement Of Claims.
Section 176.522 — Notice To Employer.
Section 176.531 — Award Of Compensation Against A Political Subdivision Or School District.
Section 176.541 — State Departments.
Section 176.571 — Investigations Of Injuries To State Employees.
Section 176.572 — Contract With Insurance Carriers.
Section 176.581 — Payment To State Employees.
Section 176.591 — State Compensation Revolving Fund.
Section 176.603 — Cost Of Administering Chapter, Payment.
Section 176.611 — Maintenance Of State Compensation Revolving Fund.
Section 176.84 — Specificity Of Notice Or Statement.
Section 176.85 — Penalties; Appeals.