Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Determination of subrogation
interest by division.
Where there is no dispute about the facts or the calculation of
the subrogation interest, credit, or sum payable to the employee under
Minnesota Statutes, section
176.061,
subdivision 5, the insurer and employee may submit a petition based on
stipulated facts under Minnesota Statutes, section
176.322,
to the Workers' Compensation Division for an order determining subrogation
interest and credit.
A. The petition
must contain substantially the following:
(1)
information identifying both the district court action if any and the workers'
compensation claim involved;
(2)
the total proceeds of the third-party settlement or award;
(3) the amount of legal fees and costs of the
third-party claim;
(4) the
subrogation interest of the employer itemized by type of benefits paid such as
but not limited to:
(a) temporary total
disability;
(b) temporary partial
disability;
(c) permanent total
disability;
(d) permanent partial
disability; and
(e) medical
expenses where Minnesota Statutes, section
176.061,
subdivision 7, claim was not made;
(5) the name, address, and telephone number
of the attorney for each party if any; and
(6) the signatures of all parties indicating
agreement with the information in subitems (1) to (5).
B. The parties may also, but are not required
to, submit a proposed calculation of the subrogation interest, including the
future credit amount and the sum payable to the employee.
C. The petitioners must file one clean copy
of the petitions and attachments, suitable for imaging. The petition must be
served on the special compensation fund where it has a subrogation interest
based on payments made pursuant to Minnesota Statutes, section
176.183,
or a known potential interest under Minnesota Statutes 1990, section 176.131,
or Minnesota Statutes 1994, section 176.132.
D. The division may refer a petition based on
stipulated facts submitted under this subpart to the office for further
proceedings where the parties disagree how the subrogation interest, credit, or
sum payable to the parties should be calculated.
E. Except as provided in item D, after
receipt of the petition, the division shall serve on the petitioners, and
special compensation fund if appropriate, an order containing the following:
(1) the information upon which the
subrogation order is based;
(2) the
calculation of the subrogation interest, including the future credit amount and
the sum payable to the employee;
(3) an explanation of the effect of the
credit upon future benefit entitlement; and
(4) notice of the parties' right to appeal
the order within 30 days of its service pursuant to Minnesota Statutes, section
176.322.
Subp. 2.
Alternative petitions and orders.
Instead of petitioning the division for an order under subpart
1, parties may request an
award from a judge by submitting a stipulated agreement under Minnesota
Statutes, section
176.521, or
by filing a petition under Minnesota Statutes, section
176.291,
for a determination of subrogation interest and credit.
Statutory Authority: MS s
14.51;
175.17;
175.171;
176.081;
176.155;
176.231;
176.285;
176.312;
176.361;
176.83
