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Rushton & Karney <br /> Attorneys or Low <br /> Suite 504, Roseville Professional Center <br /> 1111 2233 Hamline Avenue North <br /> Roseville, Minnesota <br /> Telephone(612)6069654 <br /> Mork A RaneyOctober 6 , 1982 <br /> Sharon W Rushton Richard Meyers <br /> Of Couruel <br /> Richard Meyers, P.A. <br /> 1758 Venus Avenue <br /> St . Paul , MN 55112 <br /> Dear Dick : <br /> Enclosed herewith please find a letter I recently wrote to an <br /> attorney who represents Chris Weston . Mr . Weston is an employee <br /> of the City and presented a claim for workers ' compensation <br /> benefits which was subsequently denied by the City' s insurance <br /> carrier . Basically I advised the City to refrain from making any <br /> judgment about the propreity of his claim and follow the lead of <br /> the insurance company in denying benefits until there is a <br /> 1111 hearing requiring them to act otherwise . <br /> I also have Bruce Anderson' s letter to you dated September 9 , <br /> 1982. In that letter he asks whether there is any contract which <br /> would allow the City to treat the individuals as a "commodity" to <br /> avoid liability for workers ' compensation or unemployment <br /> expense . <br /> My understanding is that Minnesota law places an absolute <br /> liability upon employers for workers' compensation. Either the <br /> employers must be self-insured or have insurance to cover any <br /> employee whether the employee is seasonal , a minor or only works <br /> part-time . As long as there is an employer-employee relationship <br /> the City would be responsible for workers ' compensation and <br /> unemployment benefits . Even if the employee agrees in writing to <br /> waive work comp and unemployment compensation benefits such a <br /> contract is void as being against public policy and would not be <br /> • <br /> sufficient defense to a claim for benefits . <br /> The only way the City could avoid being liable for such benefits <br /> is if the employees signed agreements to work as independent <br /> contractors . To be independent contractors they must be self <br /> employed , be responsible for their own tax liability and be <br /> relatively free to exercise their own judgment with regard to <br /> hours , work conditions, etc . , in effect being outside the strict <br /> control of the City in performing their duties on behalf of the <br /> 1111 City . They would also have to sign a written agreement <br />