115B.25 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to sections 115B.25 to 115B.37. Subd. 1a. Fund. Except when another fund or account is specified, “fund” means the remediation fund established in section 116.155. Subd. 2. Agency. “Agency” means the Pollution Control Agency. Subd. 3. Compensable loss. “Compensable loss” means a loss that […]
115B.26 PAYING CLAIMS. Subdivision 1. [Repealed, 1995 c 220 s 141] Subd. 2. Appropriation. The amount necessary to pay claims of compensation granted by the agency under sections 115B.25 to 115B.37 must be directly appropriated to the agency from the fund by the legislature. The agency shall submit claims for compensation to the legislature at […]
115B.28 POWERS AND DUTIES OF AGENCY. Subdivision 1. Duties. In addition to performing duties specified in sections 115B.25 to 115B.37 or in other law, and subject to the limitations on disclosure contained in section 115B.35, the agency shall: (1) adopt rules, including rules governing practice and procedure before the agency, the form and procedure for […]
115B.29 ELIGIBLE PERSONS. Subdivision 1. Personal injury and certain property claims. A person may file a claim with the agency pursuant to this section for compensation for an eligible injury, or for eligible property damage that could reasonably have resulted from an exposure in Minnesota to a harmful substance released from a facility. Subd. 2. […]
115B.30 ELIGIBLE INJURY AND DAMAGE. Subdivision 1. Eligible personal injury. (a) A personal injury which could reasonably have resulted from exposure to a harmful substance released from a facility where it was placed or came to be located is eligible for compensation from the fund if: (1) it is a medically verified chronic or progressive […]
115B.31 OTHER ACTIONS. Subdivision 1. Subsequent action or claim prohibited in certain cases. (a) A person who has settled a claim for an eligible injury or eligible property damage with a responsible person, either before or after bringing an action in court for that injury or damage, may not file a claim with the fund […]
115B.32 CLAIM FOR COMPENSATION. Subdivision 1. Form. A claim for compensation from the fund must be filed with the agency in the form required by the agency. When a claim does not include all the information required by subdivision 2 and applicable agency rules, the agency staff shall notify the claimant of the absence of […]
115B.33 CLAIM STANDARDS. Subdivision 1. Standard for personal injury. The agency shall grant compensation to a claimant who shows that it is more likely than not that: (1) the claimant suffers a medically verified injury that is eligible for compensation from the fund and that has resulted in a compensable loss; (2) the claimant has […]
115B.34 COMPENSABLE LOSSES. Subdivision 1. Personal injury losses. Losses compensable by the fund for personal injury are limited to: (1) medical expenses directly related to the claimant’s injury; (2) up to two-thirds of the claimant’s lost wages not to exceed $2,000 per month or $24,000 per year; (3) up to two-thirds of a self-employed claimant’s […]
115B.35 DETERMINING CLAIMS. Subdivision 1. [Repealed, 2002 c 379 art 2 s 24] Subd. 2. Treatment of protected information. In making a final decision under this section, the agency shall examine protected information outside of the presence of the claimant, the claimant’s attorney, or any other person except agency staff. The agency, the agency’s staff, […]
115B.36 AMOUNT AND FORM OF PAYMENT. (a) If the agency decides to grant compensation, it shall determine the net uncompensated loss payable to the claimant by computing the total amount of compensable losses payable to the claimant and subtracting the total amount of any compensation received by the claimant for the same injury or damage […]
115B.37 ATTORNEY FEES. The agency may by rule limit the fee charged by any attorney for representing a claimant before the agency. History: 1Sp1985 c 8 s 16; 2002 c 379 art 2 s 20
