Professional Documents
Culture Documents
Nov. 9, 2005
minutes
Commissioner Scott Brener called the meeting to order at 9:40 a.m. Roll was
called. A quorum was present on both sides.
Glen Johnson made a motion to approve the Feb. 9, 2005 minutes. Brad Lehto
seconded the motion. All voted in favor of the motion and it passed.
Workers' Compensation Advisory Council -2- November 9, 2005
Minutes
The agenda was discussed and a legislative proposal from Rep. Bruce Anderson
was added.
Brener announced there would be no votes at the meeting. His intent was to begin
framing a workers’ compensation bill.
OAH proposals
Judge William Johnson, the assistant administrative law judge at the Office of
Administrative Hearings (OAH), asked the Workers’ Compensation Advisory Council
(WCAC) to consider two legislative proposals. He asked that Minnesota Statutes
§176.155, subd. 2, regarding the use of a neutral physician list by the judges, be removed
because it is no longer used. Members expressed some concern regarding this change. He
also requested additional language be added to M.S. §176.421, subd. 4, to allow the fax
filing of the Notice of Appeal to the Workers’ Compensation Court of Appeals. There
were no concerns regarding this change.
Brener agreed to fold these two issues into the WCAC bill that goes forward.
Lehto mentioned a letter from Chief Administrative Law Judge Raymond Krause,
written last summer, about the treatment parameters and offered to provide a copy to
WCAC members at the next meeting.
Medical providers
Rep. Bruce Anderson asked DLI to look into whether medical providers have to
provide services to workers’ compensation patients and whether the medical provider can
require prior authorization for treatment by the workers’ compensation insurer.
Jamie Anderson, DLI legislative liaison, reported DLI is looking into two issues
and will bring them to the WCAC at the December meeting. Data practices in Chapters
13, 175 and 176 may be clarified. They are also looking at the intervention process to see
if statutory changes are needed to clarify those provisions or to make them less
burdensome.
Lehto asked the department to look into the issues outlined in the summary from
Dr. Jong Lee in members’ packets. Brener agreed to look at the letter from Rep. Phyllis
Kahn and the summary from Dr. Lee.
Workers' Compensation Advisory Council -4- November 9, 2005
Minutes
Discussion occurred about the need for the Commerce Report on Workers’
Compensation Rates and the Minnesota Workers’ Compensation Insurers’ Association
(MWCIA) Ratemaking Report, as well as the manner in which the information is shared
with the WCAC. They questioned what the pure premium base rate indicates and how it
relates to Minnesota’s workers’ compensation system. Craig Anderson, an actuary from
the MWCIA, offered to come back to the WCAC with some sense of what the pure
premium base rate is and how it relates to the marketplace. Discussion followed, with no
conclusion about whether there should be a verbal report or whether to continue with a
written report.
The 2006 WCAC meeting schedule was included in the meeting packets and will
be provided on the department’s Web site at www.doli.state.mn.us/wcac.html.
V. Adjournment
Gary Thaden made a motion to adjourn at 10:32 a.m. Reed Pollack seconded
the motion. All voted in favor of the motion and it passed.
Respectfully submitted,
Debbie Caswell
Executive Secretary
dc/s