2005 Minnesota Statutes - 176.205 — Person deemed employer.

     176.205 Person deemed employer.  


    Subdivision 1.    Fraudulent device to evade 
 responsibility to worker.  Subject to subdivision 2, a person 
 who creates or executes any fraudulent scheme, artifice, or 
 device to enable the person to execute work without being 
 responsible to the worker under this chapter, is deemed an 
 "employer" and is subject to the liabilities which this chapter 
 imposes on employers.  


    Subd. 2.    Contractor, subcontractor.  Subdivision 1 
 does not apply to an owner who in good faith lets a contract to 
 a contractor.  In such case, the contractor or subcontractor is 
 deemed the "employer."  


    Subd. 3.    Exceptions.  A person shall not be deemed a 
 contractor or subcontractor where: 


    (a)  the person performs work upon another's premises, with 
 the other's tools or appliances, and under the other's 
 direction; or, 


    (b)  the person does what is commonly called "piece work;" 
 or, 


    (c) in any way the system of employment merely provides a 
 method of fixing the worker's wages.  


    Subd. 4.    Calculation of compensation.  Where 
 compensation is claimed against a person under the terms of this 
 section, the compensation shall be calculated with reference to 
 the wages the worker was receiving at the time of the injury or 
 death from the person by whom the worker was immediately 
 employed.  


    HIST: 1953 c 755 s 27; 1986 c 444