Minnesota · statute · Minn. Stat. ch. 79 · 36 active provisions
Subdivision 1. Terms. Unless the language or context clearly indicates that a different meaning is intended, the following terms, for the purposes of sections 79.01 to 79.211, shall have the meanings ascribed to them. Subd. 1a. Assigned risk plan. "Assigned risk plan" means: (1) the method to provide workers' compensat…
Subdivision 1. [Repealed, 1981 c 346 s 145; 1983 c 290 s 15] Subd. 2. Dividends. Dividend plans are not unfairly discriminatory where different premiums result for different policyholders with similar loss exposures but different expense factors, or where different premiums result for different policyholders with simil…
Subdivision 1. Premium reduction. Each insurer, including the assigned risk plan, issuing a policy of insurance, must make available to an employer, upon request, the option to agree to pay an amount per claim selected by the employer and specified in the policy toward the total of any claim payable under chapter 176.…
All insurers writing workers' compensation insurance in this state shall provide safety and occupational health loss control consultation services to each of their policyholders requesting the services in writing. Insurers must annually notify their policyholders of their right under this section to safety and occupati…
The commissioner shall employ the services of a casualty actuary experienced in worker's compensation whose duties shall include but not be limited to investigation of complaints by insured parties relative to rates, rate classifications, or discriminatory practices of an insurer. The salary of the actuary employed pur…
The rating association must make available for inspection on request of any person any data it possesses related to the calculation of indicated pure premium rates.
The Department of Commerce staff may investigate on the request of any person or on its own initiative the acts of the rating association, an insurer, or an agent that are subject to provisions of chapter 79 and may make findings and recommendations that the commissioner issue an order requiring compliance with the pro…
Subdivision 1. Zero estimated exposure. For purposes of this section, a "zero estimated exposure policy" has the meaning given in section 176.011, subdivision 19a. This section applies to zero estimated exposure policies issued to employers performing building construction or improvement services. Subd. 2. Attestation.…
Subdivision 1. Definitions. (a) "Project sponsor" means a person who engages the services of a contractor for the purpose of working on a single, specific, and large construction, erection, or demolition project. (b) "Owner-controlled insurance program" is a single, specific, and large construction, erection, or demoli…
Subdivision 1. Certain wages included for ratemaking. The rating association or an insurer shall include wages paid for a vacation, holiday, or sick leave in the determination of a workers' compensation insurance premium. An insurer, including the assigned risk plan, shall not include wages paid for work performed in a…
Subdivision 1. General duties of commissioner. (a)(1) The commissioner shall have all the usual powers and authorities necessary for the discharge of the commissioner's duties under this section and may contract with individuals in discharge of those duties. The commissioner shall audit the reserves established (i) for…
Subdivision 1. Purpose. The purpose of the assigned risk plan is to provide workers' compensation coverage to employers rejected by a licensed insurance company pursuant to subdivision 2. Subd. 2. Rejected risks. An insurer that refuses to write insurance for an employer shall furnish the employer a written notice of r…
Subdivision 1. Creation of account. There is created the assigned risk safety account as a separate account in the special compensation fund in the state treasury. Income earned by funds in the account must be credited to the account. Principal and income of the account are annually appropriated to the commissioner of…
Subdivision 1. Registration required. A corporation, partnership, sole proprietorship, or other business entity which provides staff, personnel, or employees to be employed in this state to other businesses pursuant to a lease arrangement or agreement shall, before becoming eligible to be issued a policy of workers' co…
Subdivision 1. Conditions requiring membership. The nonprofit association known as the Workers' Compensation Reinsurance Association may be incorporated under chapter 317A with all the powers of a corporation formed under that chapter, except that if the provisions of that chapter are inconsistent with sections 79.34 t…
The reinsurance association shall do the following on behalf of its members: (1) assume 100 percent of the liability as provided in section 79.34; (2) establish procedures by which members shall promptly report to the reinsurance association each claim which, on the basis of the injury sustained, may reasonably be anti…
In addition to the powers granted in section 79.35, the reinsurance association may do the following: (1) sue and be sued. A judgment against the reinsurance association shall not create any direct liability against the individual members of the reinsurance association. The reinsurance association shall provide in the…
Subdivision 1. Scope. This section governs the distribution of excess surplus of the Workers' Compensation Reinsurance Association declared after January 1, 1993. A distribution of excess surplus is declared on the date the board votes to make a distribution. No distribution of excess surplus other than that provided b…
An order of the commissioner of the Department of Labor and Industry relating to the distribution of excess surplus of the Workers' Compensation Reinsurance Association shall be reviewed by the commissioner of commerce. The commissioner of commerce may amend, approve, or reject an order or issue further orders to accom…
The distribution of excess surplus of the Workers' Compensation Reinsurance Association is not a distribution of excess premiums to members. Any excess surplus not refunded according to Laws 1993, chapter 361, section 2, must be returned to the association and must not be distributed to its members. Any excess surplus…
A board of directors of the reinsurance association is created and is responsible for the operation of the reinsurance association consistent with the plan of operation and sections 79.34 to 79.40. The board consists of 13 directors. Four directors shall represent insurers, two directors shall represent employers, two…
Subdivision 1. Provisions. The plan of operation shall provide for all of the following: (a) the establishment of necessary facilities; (b) the management and operation of the reinsurance association; (c) a preliminary premium, payable by each member in proportion to its total premium in the year preceding the inaugura…
Subdivision 1. Examination by commissioner. The reinsurance association is subject to all the provisions of this chapter. The commissioner of labor and industry or an authorized representative of the commissioner may visit the reinsurance association at any time and examine, audit, or evaluate the reinsurance associati…
Premiums charged members by the reinsurance association shall be recognized in the ratemaking procedures for insurance rates.
The purposes of this chapter are to: (a) promote public welfare by regulating insurance rates so that premiums are not excessive, inadequate, or unfairly discriminatory; (b) promote quality and integrity in the databases used in workers' compensation insurance ratemaking; (c) prohibit price fixing agreements and antico…