Striking balance between labor and industry, House passes workers’ comp reform bill

In an attempt to tackle a shortfall in available judges who oversee workers’ compensation hearings, the House on Tuesday passed a bipartisan bill that would allow retired judges to serve as needed.

Rep. Tony Albright

Tasked with reviewing workers’ comp cases decided by the Office of Administrative Hearings, the Workers’ Compensation Court of Appeals consists of five judges appointed by the governor and confirmed by the Senate. But sometimes it’s difficult for sitting judges to field a quorum, according to the court’s Chief Judge Patty Milun, and that slows down the process.

HF3873, as amended, passed 127-0 by the House, would allow retired workers’ comp and administrative law judges to hear these appeal cases. It would also establish a fee schedule for workers’ comp outpatients and qualify PTSD as an occupational disease when it affects law enforcement, firefighters and medical personnel.

The bill goes to the Senate where Sen. Paul Utke (R-Park Rapids) is the sponsor.

Rep. Tim Mahoney (DFL-St. Paul) mentioned the slow pace of the workers’ comp process. Claims “used to take up to 800-plus days,” he said, but now that it’s down to a year or so, it’s still too long.

“It’s really unacceptable for the injured worker,” Mahoney said, adding later, “This is some of the best work we’ve done in workers’ comp.”

“Both labor and industry came together and they have collaborated on a measure that, I think, will bring greater strength to all of Minnesota,” said Rep. Tony Albright (R-Prior Lake), the bill sponsor.

If approved, the substitute judges would cost the state an estimated $33,000 per year, according to a fiscal note from the Department of Labor and Industry.