Chapter 176. Workers' Compensation

176.001 INTENT OF THE LEGISLATURE.
It is the intent of the legislature that chapter 176 be interpreted so as to assure the quick and
efficient delivery of indemnity and medical benefits to injured workers at a reasonable cost to the
employers who are subject to the provisions of this chapter. It is the specific intent of the legislature
that workers' compensation cases shall be decided on their merits and that the common law
rule of "liberal construction" based on the supposed "remedial" basis of workers' compensation
legislation shall not apply in such cases. The workers' compensation system in Minnesota is based
on a mutual renunciation of common law rights and defenses by employers and employees alike.
Employees' rights to sue for damages over and above medical and health care benefits and wage
loss benefits are to a certain degree limited by the provisions of this chapter, and employers' rights
to raise common law defenses such as lack of negligence, contributory negligence on the part of
the employee, and others, are curtailed as well. Accordingly, the legislature hereby declares that
the workers' compensation laws are not remedial in any sense and are not to be given a broad
liberal construction in favor of the claimant or employee on the one hand, nor are the rights and
interests of the employer to be favored over those of the employee on the other hand.

176.011 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of this chapter the terms described in this section
have the meanings ascribed to them.

    Subd. 3. Daily wage. "Daily wage" means the daily wage of the employee in the employment
engaged in at the time of injury but does not include tips and gratuities paid directly to an
employee by a customer of the employer and not accounted for by the employee to the employer.
If the amount of the daily wage received or to be received by the employee in the employment
engaged in at the time of injury was irregular or difficult to determine, or if the employment was
part time, the daily wage shall be computed by dividing the total amount of wages, vacation pay,
and holiday pay the employee actually earned in such employment in the last 26 weeks, by the
total number of days in which such wages, vacation pay, and holiday pay was earned, provided
further, that in the case of the construction industry, mining industry, or other industry where the
hours of work are affected by seasonal conditions, the weekly wage shall not be less than five
times the daily wage. If the employee worked or earned less than a full day's worth of wages,
vacation pay, or holiday pay, the total amount earned shall be divided by the corresponding
proportion of that day. Where board or allowances other than tips and gratuities are made to an
employee in addition to wages as a part of the wage contract they are deemed a part of earnings
and computed at their value to the employee. In the case of persons performing services for
municipal corporations in the case of emergency, then the normal working day shall be considered
and computed as eight hours, and in cases where such services are performed gratis or without
fixed compensation the daily wage of the person injured shall, for the purpose of calculating
compensation payable under this chapter, be taken to be the usual going wage paid for similar
services in municipalities where such services are performed by paid employees. If, at the time of
injury, the employee was regularly employed by two or more employers, the employee's earnings
in all such employments shall be included in the computation of daily wage.

    Subd. 6. (1) Court of appeals. "Court of appeals" means the Workers' Compensation Court
of Appeals of Minnesota.

(2) Division. "Division" means the Workers' Compensation Division of the Department of
Labor and Industry.

(3) Department. "Department" means the Department of Labor and Industry.

(4) Commissioner. "Commissioner," unless the context clearly indicates otherwise, means
the commissioner of labor and industry.

(5) Office. "Office" means the Office of Administrative Hearings.

    Subd. 7. Judge. "Judge" means a member of the Workers' Compensation Court of Appeals.

    Subd. 7a. (1) Compensation judge. "Compensation judge" means a workers' compensation
judge at the Office of Administrative Hearings.

(2) Calendar judge. "Calendar judge" means a workers' compensation judge at the Office of
Administrative Hearings.

(3) Compensation judge. "Compensation judge" means a compensation judge at the
Department of Labor and Industry. Compensation judges may conduct settlement conferences,
issue summary decisions, approve settlements and issue awards thereon, determine petitions for
attorney fees and costs, and make other determinations, decisions, orders, and awards as may be
delegated to them by the commissioner. Compensation judges must be learned in the law.
    Subd. 8. Compensation. "Compensation" includes all benefits provided by this chapter on
account of injury or death.

    Subd. 9. Employee. "Employee" means any person who performs services for another for
hire including the following:
(1) an alien;
(2) a minor;

(3) a sheriff, deputy sheriff, police officer, firefighter, county highway engineer, and peace
officer while engaged in the enforcement of peace or in the pursuit or capture of a person charged
with or suspected of crime;

(6) an elected or appointed official of the state, or of a county, city, town, school district, or
governmental subdivision in the state. An officer of a political subdivision elected or appointed
for a regular term of office, or to complete the unexpired portion of a regular term, shall be
included only after the governing body of the political subdivision has adopted an ordinance
or resolution to that effect;

(9) a voluntary uncompensated worker engaged in emergency management as defined in
section 12.03, subdivision 4, who is:

(i) registered with the state or any political subdivision of it, according to the procedures set
forth in the state or political subdivision emergency operations plan; and
(ii) acting under the direction and control of, and within the scope of duties approved by, the
state or political subdivision.

The daily wage of the worker, for the purpose of calculating compensation under this chapter,
shall be the usual wage paid at the time of the injury or death for similar services performed
by paid employees;

(11) a voluntary uncompensated worker accepted by the commissioner of natural resources
who is rendering services as a volunteer pursuant to section 84.089. The daily wage of the worker
for the purpose of calculating compensation under this chapter, shall be the usual wage paid at the
time of injury or death for similar services performed by paid employees;

(20) a worker who performs volunteer ambulance driver or attendant services is an employee
of the political subdivision, nonprofit hospital, nonprofit corporation, or other entity for which
the worker performs the services. The daily wage of the worker for the purpose of calculating
compensation under this chapter shall be the usual wage paid at the time of injury or death for
similar services performed by paid employees;

(23) a voluntary uncompensated worker while volunteering services as a first responder or as
a member of a law enforcement assistance organization while acting under the supervision and
authority of a political subdivision. The daily wage of the worker for the purpose of calculating
compensation payable under this chapter is the usual going wage paid at the time of injury or
death for similar services if the services are performed by paid employees; and

If it is difficult to determine the daily wage as provided in this subdivision, the trier of fact
may determine the wage upon which the compensation is payable.

    Subd. 9a. Employee. For purposes of this chapter "employee" does not include farmers or
members of their family who exchange work with other farmers in the same community.

    Subd. 10. Employer. "Employer" means any person who employs another to perform a
service for hire; and includes corporation, partnership, limited liability company, association,
group of persons, state, county, town, city, school district, or governmental subdivision.

    Subd. 14. Member. "Member" includes leg, foot, toe, hand, finger, thumb, arm, back, eye,
and ear when used with reference to the anatomy.

    Subd. 15. Occupational disease. (a) "Occupational disease" means a disease arising out of
and in the course of employment peculiar to the occupation in which the employee is engaged and
due to causes in excess of the hazards ordinary of employment and shall include undulant fever.
Ordinary diseases of life to which the general public is equally exposed outside of employment are
not compensable, except where the diseases follow as an incident of an occupational disease, or
where the exposure peculiar to the occupation makes the disease an occupational disease hazard.
A disease arises out of the employment only if there be a direct causal connection between the
conditions under which the work is performed and if the occupational disease follows as a natural
incident of the work as a result of the exposure occasioned by the nature of the employment. An
employer is not liable for compensation for any occupational disease which cannot be traced to
the employment as a direct and proximate cause and is not recognized as a hazard characteristic
of and peculiar to the trade, occupation, process, or employment or which results from a hazard to
which the worker would have been equally exposed outside of the employment.
(b) If immediately preceding the date of disablement or death, an employee was employed
on active duty with an organized fire or police department of any municipality, as a member of
the Minnesota State Patrol, conservation officer service, state crime bureau, as a forest officer
by the Department of Natural Resources, state correctional officer, or sheriff or full-time deputy
sheriff of any county, and the disease is that of myocarditis, coronary sclerosis, pneumonia or its
sequel, and at the time of employment such employee was given a thorough physical examination
by a licensed doctor of medicine, and a written report thereof has been made and filed with
such organized fire or police department, with the Minnesota State Patrol, conservation officer
service, state crime bureau, Department of Natural Resources, Department of Corrections,
or sheriff's department of any county, which examination and report negatived any evidence
of myocarditis, coronary sclerosis, pneumonia or its sequel, the disease is presumptively an
occupational disease and shall be presumed to have been due to the nature of employment. If
immediately preceding the date of disablement or death, any individual who by nature of their
position provides emergency medical care, or an employee who was employed as a licensed
police officer under section 626.84, subdivision 1; firefighter; paramedic; state correctional
officer; emergency medical technician; or licensed nurse providing emergency medical care; and
who contracts an infectious or communicable disease to which the employee was exposed in the
course of employment outside of a hospital, then the disease is presumptively an occupational
disease and shall be presumed to have been due to the nature of employment and the presumption
may be rebutted by substantial factors brought by the employer or insurer. Any substantial factors
which shall be used to rebut this presumption and which are known to the employer or insurer at
the time of the denial of liability shall be communicated to the employee on the denial of liability.
(c) A firefighter on active duty with an organized fire department who is unable to perform
duties in the department by reason of a disabling cancer of a type caused by exposure to heat,
radiation, or a known or suspected carcinogen, as defined by the International Agency for Research
on Cancer, and the carcinogen is reasonably linked to the disabling cancer, is presumed to have an
occupational disease under paragraph (a). If a firefighter who enters the service after August 1,
1988, is examined by a physician prior to being hired and the examination discloses the existence
of a cancer of a type described in this paragraph, the firefighter is not entitled to the presumption
unless a subsequent medical determination is made that the firefighter no longer has the cancer.

    Subd. 16. Personal injury. "Personal injury" means injury arising out of and in the course
of employment and includes personal injury caused by occupational disease; but does not cover
an employee except while engaged in, on, or about the premises where the employee's services
require the employee's presence as a part of that service at the time of the injury and during
the hours of that service. Where the employer regularly furnished transportation to employees
to and from the place of employment, those employees are subject to this chapter while being
so transported. Personal injury does not include an injury caused by the act of a third person or
fellow employee intended to injure the employee because of personal reasons, and not directed
against the employee as an employee, or because of the employment. An injury or disease
resulting from a vaccine in response to a declaration by the Secretary of the United States
Department of Health and Human Services under the Public Health Service Act to address an
actual or potential health risk related to the employee's employment is an injury or disease arising
out of and in the course of employment.

    Subd. 18. Weekly wage. "Weekly wage" is arrived at by multiplying the daily wage by the
number of days and fractional days normally worked in the business of the employer for the
employment involved. If the employee normally works less than five days per week or works an
irregular number of days per week, the number of days normally worked shall be computed by
dividing the total number of days in which the employee actually performed any of the duties
of employment in the last 26 weeks by the number of weeks in which the employee actually
performed such duties, provided that the weekly wage for part time employment during a period
of seasonal or temporary layoff shall be computed on the number of days and fractional days
normally worked in the business of the employer for the employment involved. If, at the time
of the injury, the employee was regularly employed by two or more employers, the employee's
days of work for all such employments shall be included in the computation of weekly wage.
Occasional overtime is not to be considered in computing the weekly wage, but if overtime is
regular or frequent throughout the year it shall be taken into consideration. The maximum weekly
compensation payable to an employee, or to the employee's dependents in the event of death, shall
not exceed 66-2/3 percent of the product of the daily wage times the number of days normally
worked, provided that the compensation payable for permanent partial disability under section
176.101, subdivision 3, and for permanent total disability under section 176.101, subdivision 4, or
death under section 176.111, shall not be computed on less than the number of hours normally
worked in the employment or industry in which the injury was sustained, subject also to such
maximums as are specifically otherwise provided.

    Subd. 19. Worker. "Worker" means employee.

    Subd. 20. Average weekly wage. The statewide average weekly wage for any year means
that wage determined by the commissioner in the following manner: On or before July 1
preceding the year in which the wage is to be applicable, the total wages reported on wage detail
reports to the Department of Employment and Economic Development for the preceding 12
months ending on December 31 of that year shall be divided by the average monthly number of
covered workers (determined by dividing the total covered workers reported for the year ending
December 31 by 12). The average annual wage thus obtained shall be divided by 52 and the
average weekly wage thus determined rounded to the next highest dollar.

176.071 JOINT EMPLOYERS; CONTRIBUTION.
When compensation is payable under this chapter for the injury or death of an employee
employed and paid jointly by two or more employers at the time of the injury or death these
employers shall contribute to the payment of the compensation in the proportion of their
wage liabilities to the employee. If any such employer is excluded from the provisions of this
chapter and is not liable for compensation, the liability of those employers who are liable for
compensation is the proportion of the entire compensation which their wage liability bears to
the employee's entire wages. As between themselves such employers may arrange for a different
distribution of payment of the compensation for which they are liable.

176.66 OCCUPATIONAL DISEASES; HOW REGARDED.
    Subdivision 1. Disability, disablement. The disablement of an employee resulting from an
occupational disease shall be regarded as a personal injury within the meaning of the workers'
compensation law.
    Subd. 2.[Repealed, 1973 c 643 s 12]
    Subd. 3.[Repealed, 1973 c 643 s 12]
    Subd. 4.[Repealed, 1973 c 643 s 12]
    Subd. 5.[Repealed, 1973 c 643 s 12]
    Subd. 6.[Repealed, 1973 c 643 s 12]
    Subd. 7.[Repealed, 1973 c 643 s 12]
    Subd. 8.[Repealed, 1973 c 643 s 12]
    Subd. 9.[Repealed, 1973 c 643 s 12]
    Subd. 10. Multiple employers or insurers; liability. The employer liable for the
compensation for a personal injury under this chapter is the employer in whose employment the
employee was last exposed in a significant way to the hazard of the occupational disease. In the
event that the employer who is liable for the compensation had multiple insurers during the
employee's term of employment, the insurer who was on the risk during the employee's last
significant exposure to the hazard of the occupational disease is the liable party. Where there is a
dispute as to which employer is liable under this section, the employer in whose employment the
employee is last exposed to the hazard of the occupational disease shall pay benefits pursuant
to section 176.191, subdivision 1. If this last employer had coverage for workers' compensation
liability from more than one insurer during the employment the insurer on the risk during the
last period during which the employee was last exposed to the hazard of the occupational disease
shall pay benefits as provided under section 176.191, subdivision 1, whether or not this insurer
was on risk during the last significant exposure. The party making payments under this section
shall be reimbursed by the party who is subsequently determined to be liable for the occupational
disease, including interest at a rate of 12 percent a year. For purposes of this section, a self-insured
employer shall be considered to be an insurer and an employer.
    Subd. 11. Amount of compensation. The compensation for an occupational disease is
66-2/3 percent of the employee's weekly wage on the date of injury subject to a maximum
compensation equal to the maximum compensation in effect on the date of last exposure.

Minnesota Rules

5229.0350 PRESUMPTIVE RULE OF EQUITABLE APPORTIONMENT.

The presumptive rule of equitable apportionment under this chapter is that the parties and the arbitrator, in making the decision, must be guided by parts 5229.0100 to 5229.0700; Minnesota Statutes, section 176.191, subdivisions 1a and 5; and workers' compensation case law on the issue.

STAT AUTH: MS s 175.17; 175.171; 176.191; 176.83

WORKERS COMPENSATION COUNCIL

Duties, generally, 175.007

Insurance rate filings, duties regarding, 79.52, 79.55

Recommendations by
Workers' compensation legislation, 79.55, 175.007, 176.101, 176.645

Workers' Compensation Court of Appeals

405 Minnesota Judicial Center • 25 Rev. Dr. Martin Luther King Jr. Blvd. • Saint Paul, Minnesota 55155

Ganfield v. City of Richfield
Causation - peace officers presumption; Statutes construed-Minn. Stat. §176.011, subd. 15.
http://www.workerscomp.state.mn.us/2004/Ganfield-05-24-04.htm- 45.5KB

Boelter v. City of Ham Lake
Wages - volunteer firefighter; Statutes construed - Minn. Stat. § 176.011, subd. 3.
http://www.workerscomp.state.mn.us/sup/Boelter-sup-92.htm- 5.3KB

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