Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Request for
arbitration.
The arbitration process must be initiated by the filing of a
request for arbitration of an apportionment issue with the administrator by an
aggrieved self-insured employer or employer/insurer, but shall be permitted
only when the requesting party has met the requirements of Minnesota Statutes,
section
176.191,
subdivision 5.
A. A request must be
made on a form approved by the administrator, which must include the names of
the self-insured employers or employer/insurers among which equitable
apportionment is sought or from which contribution or reimbursement is sought,
the name and social security number of the employee, and the dates of the
relevant injury or injuries.
B. The
request for arbitration must be accompanied by:
(1) a statement of the facts;
(2) documentation that the requirements of
Minnesota Statutes, section
176.191,
subdivision 5, have been met;
(3)
medical evidence in support of the requested equitable apportionment;
(4) a brief or written argument in support of
the requesting party's position, including legal support;
(5) the name of the party's desired
arbitration advisor, if any;
(6)
any request for oral argument or special handling of the case; and
(7) a nonrefundable arbitration
administration fee payable to the administrator in an amount to be determined
in the agreement referred to in part
5229.0410, subpart
3, that is with the
administrator.
C. The
requesting party must provide the administrator with copies of the request and
supporting documents for the arbitrator, for each arbitration advisor, and for
the administrator's records.
D. The
requesting party must, at the same time as filing the request, serve copies of
the request and all attached documents on each self-insured employer or
employer/insurer from which equitable apportionment is sought, as well as the
employee and the employee's attorney, if any.
Subp. 2.
Determining arbitration
panel.
Upon receipt of the request for arbitration and after
ascertaining that the requirements of Minnesota Statutes, section
176.191,
subdivision 5, have been met, the administrator must start the process under
part
5229.0420 for determining the
panel to hear the arbitration. When the panel is determined, the administrator
must notify the arbitrator and forward copies of the request and documents to
the members of the panel.
Subp.
3.
Responses to arbitration request.
Within 90 days of the administrator's receipt of a copy of
the arbitration request and supporting documents, each party among which
equitable apportionment is sought or from which contribution or reimbursement
is sought must submit to the administrator its response to the arbitration
request.
A. Responses must include:
(1) a written brief or explanation of the
party's position;
(2) any relevant
medical evidence in support of its position;
(3) any other evidence or documentation
pertinent to the case;
(4) that
party's request for oral argument or special handling, if any; and
(5) the name of the party's desired
arbitration advisor, if any.
B. The responding party must provide the
administrator with copies of the response and supporting documents for the
arbitrator, for each arbitration advisor, and for the administrator's records.
The administrator shall forward a copy of the response and supporting documents
to each party.
C. When the 90-day
period following the arbitration request has passed, or when the panel is
determined, whichever is later, the administrator must forward the responsive
documents to the members of the panel.
