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Subdivision 1.Power to make.
Before, during, or after any hearing, a compensation judge may make an independent investigation of the facts alleged in the petition or answer.
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Subd. 2.Appointment of physicians, surgeons, and other experts.
The compensation judge assigned to a matter may appoint one or more neutral physicians or surgeons to examine the injury of the employee and report thereon except as provided otherwise pursuant to section 176.1361. Where necessary to determine the facts, the services of other experts may also be employed.
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Subd. 3.Reports.
The report of a physician, surgeon, or other expert requested under this section shall be filed with the compensation judge assigned to the matter if any. The report shall be made a part of the record of the case and be open to inspection as such.
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Subd. 4.Compensation.
The compensation judge shall fix the compensation of a physician, surgeon, or other expert whose services are employed under this section. This compensation shall be paid initially out of the funds appropriated for the maintenance of the Workers' Compensation Division, but shall be taxed as costs to either party, or both, or otherwise, as the compensation judge directs.
Where a sum which has been taxed to a party has not been paid, it may be collected in the same manner as are costs generally.
Notes of Decisions
Reider v. Anoka-Hennepin Sch. Dist. No. 11, 728 N.W.2d 246 (Minn. 2007).
· cites it 4× “[6] The WCCA majority also noted that Minn. Stat. § 176.391 , subd. 2 (2006), gives compensation judges discretion to appoint neutral physicians and other experts.”
Fink v. Cold Spring Granite Co., 115 N.W.2d 22 (Minn. 1962).
· cites it 2× “But my condition is such that I am tired out and weak most of the time. The. wages they pay are at a poor rate.”
Hartman v. Cold Spring Granite Co., 67 N.W.2d 656 (Minn. 1954).
“§ 176.391. It is apparent from these statutory provisions that the commission is given broad discretionary powers over the manner in which a petition is to be heard.”
Koch v. Arnesen, 322 N.W.2d 362 (Minn. 1982).
· cites it 6× “We hold, under the particular circumstances of this case, that it was error for the court of appeals to rely on this report in making its decision.”
Ginsberg v. Pratt's Express Co., 141 N.W.2d 511 (Minn. 1966).
· cites it 2× “The commission in its order appointing the medical association as experts under § 176.391, subd. 2, requested it to make a study of the medical treatment rendered by the doctor, “taking into consideration the needed extent of any such treatment, and * * * make a recommendation…”
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