176.271 INITIATION OF PROCEEDINGS. Subdivision 1. Written petition. Unless otherwise provided by this chapter or by the commissioner, all proceedings under this chapter are initiated by the filing of a written petition on a prescribed form with the commissioner at the commissioner’s principal office. All claim petitions shall include the information required by section 176.291. […]
176.275 FILING OF PAPERS; PROOF OF SERVICE. Subdivision 1. Filing. If a document is required to be filed by this chapter or any rules adopted pursuant to authority granted by this chapter, the filing shall be completed upon acceptance of the document by the agency. Any document that lacks information required by statute or rule, […]
176.281 ORDERS, DECISIONS, AND AWARDS; FILING; SERVICE. (a) When the commissioner or compensation judge or Office of Administrative Hearings or the Workers’ Compensation Court of Appeals has issued correspondence, a notice, order, decision, award, or other disposition or outcome of a dispute, or an amendment to an order, decision, or award, it shall be filed […]
176.285 SERVICE OF PAPERS AND NOTICES; ELECTRONIC FILING. Subdivision 1. Service by mail. Service of documents shall be by first class United States mail or personal service, except where electronic service is authorized or required under this section and section 176.275. An employee cannot be required to accept electronic service where service on the employee […]
176.291 DISPUTES; PETITIONS; PROCEDURE. (a) Where there is a dispute as to a question of law or fact in connection with a claim for compensation, a party may serve on all other parties and file a petition with the office stating the matter in dispute. The petition shall be on a form prescribed by the […]
176.295 NONRESIDENT EMPLOYERS; FOREIGN CORPORATION. Subdivision 1. Affidavit of inability to effectuate service. Where a petitioner, an employee, or an employee’s dependent cannot serve a petition for compensation or other notice on an employer because the employer is a nonresident or a foreign corporation, the petitioner may file an affidavit with the chief administrative law […]
176.301 DETERMINATION OF ISSUES. Subdivision 1. Trial by court; reference to chief administrative law judge. When a workers’ compensation issue is present in the district court action, the court may try the action itself without a jury, or refer the matter to the chief administrative law judge for assignment to a compensation judge. The compensation […]
176.305 PETITIONS FILED WITH WORKERS’ COMPENSATION DIVISION. Subdivision 1. Hearings on petitions. The petitioner shall serve a copy of the petition on each adverse party personally or by first class mail. A clear copy shall be filed with the office, together with an appropriate affidavit of service. Subd. 1a. Settlement and pretrial conferences; summary decision. […]
176.306 SCHEDULED HEARINGS. Subdivision 1. Chief administrative law judge. The chief administrative law judge shall schedule workers’ compensation hearings on as regular a schedule as may be practicable in no fewer than six widely separated locations throughout the state, including at least four locations outside of the seven-county metropolitan area and Duluth, for the purpose […]
176.307 COMPENSATION JUDGES; BLOCK SYSTEM. The chief administrative law judge may assign workers’ compensation cases to compensation judges using a block system type of assignment that, among other things, ensures that a case will remain with the same judge from commencement to conclusion, except that the judge must be removed from the case when: (1) […]
176.311 REASSIGNMENT OF PETITION FOR HEARING. Where a petition is heard before a compensation judge, at any time before an award or order has been made in such proceeding, the chief administrative law judge may reassign the petition for hearing before another compensation judge. History: 1953 c 755 s 48; 1969 c 276 s 2; […]
176.312 AFFIDAVITS OF PREJUDICE AND PETITIONS FOR REASSIGNMENT. In accordance with rules adopted by the chief administrative law judge, an affidavit of prejudice for cause may be filed by each party to the claim against a compensation judge assigned to hear a case. A petition for reassignment of a case to a different compensation judge […]
176.321 ANSWER TO PETITION. Subdivision 1. Filing, service. Within 20 days after service of the petition, an adverse party shall serve and file an answer to the petition. The party shall serve a copy of the answer on the petitioner or the petitioner’s attorney. Subd. 2. Contents. The answer shall admit, deny, or affirmatively defend […]
176.322 DECISIONS BASED ON STIPULATED FACTS. If the parties agree to a stipulated set of facts and only legal issues remain, the commissioner or compensation judge may determine the matter without a hearing based upon the stipulated facts and the determination is appealable to the court of appeals pursuant to sections 176.421 and 176.442. In […]
176.325 CERTIFIED QUESTION. Subdivision 1. When certified. The chief administrative law judge or commissioner may certify a question of workers’ compensation law to the supreme court as important and doubtful under the following circumstances: (1) all parties to the case have stipulated in writing to the facts; and (2) the issue to be resolved is […]
176.331 PROCEEDINGS WHEN ANSWER NOT FILED. Except in cases involving multiple employers or multiple insurers, if an adverse party fails to file and serve an answer or obtain an extension from the office or the petitioner as required by section 176.321, subdivision 3, the office shall set the matter for an immediate hearing and prompt […]
176.341 HEARING ON PETITION. Subdivision 1. Time. Upon the filing of a petition, the chief administrative law judge shall fix a time and place for hearing the petition. The hearing shall be held as soon as practicable and at a time and place determined by the chief administrative law judge to be the most convenient […]
176.351 TESTIMONIAL POWERS. Subdivision 1. Oaths. The compensation judge to whom a petition has been assigned for hearing shall administer an oath to each witness. The commissioner may also administer an oath when required in the performance of duties. Subd. 2. Subpoenas. Acting with or without the written request of an interested party, the commissioner […]
176.361 INTERVENTION. Subdivision 1. Right to intervene. A person who has an interest in any matter before the Workers’ Compensation Court of Appeals, or commissioner, or compensation judge such that the person may either gain or lose by an order or decision may intervene in the proceeding by filing a motion in writing stating the […]
176.371 AWARD OR DISALLOWANCE OF COMPENSATION. The compensation judge to whom a petition has been assigned for hearing, shall hear all competent, relevant evidence produced at the hearing. All questions of fact and law submitted to a compensation judge at the hearing shall be disposed of and the judge’s decision shall be filed with the […]
