1.1 	A bill for an act
1.2 	relating to workers' compensation; specifying that a personal injury caused by 
1.3 	the gross negligence of an employer is not covered by the workers' compensation 
1.4 	system; amending Minnesota Statutes 2004, section 176.011, subdivision 16.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2004, section 176.011, subdivision 16, is amended to 
1.7 	read:
1.8 		Subd. 16.Personal injury. "Personal injury" means injury arising out of and in the 
1.9 	course of employment and includes personal injury caused by occupational disease; but 
1.10 	does not cover an employee except while engaged in, on, or about the premises where the 
1.11 	employee's services require the employee's presence as a part of that service at the time of 
1.12 	the injury and during the hours of that service. Where the employer regularly furnished 
1.13 	transportation to employees to and from the place of employment, those employees are 
1.14 	subject to this chapter while being so transported. Personal injury does not include: (1) 
1.15 	 an injury caused by the act of a third person or fellow employee intended to injure the 
1.16 	employee because of personal reasons, and not directed against the employee as an 
1.17 	employee, or because of the employment; or (2) an injury caused by the gross negligence 
1.18 	of an employer. An injury or disease resulting from a vaccine in response to a declaration 
1.19 	by the Secretary of the United States Department of Health and Human Services under 
1.20 	the Public Health Service Act to address an actual or potential health risk related to 
1.21 	the employee's employment is an injury or disease arising out of and in the course of 
1.22 	employment.

1.23 	EFFECTIVE DATE. This section is effective the day following final enactment.