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STATE OF MINNESOTA IN SUPREME COURT A10-380 Workers Compensation Court of Appeals Meyer, J. Concurring, Gildea, C.J., Anderson, Paul H. and Deitzen, JJ.

Rodney W. Swenson, Respondent, vs. Michael Nickaboine d/b/a Northland Quality Builders and SFM Mutual Insurance Company, Relators, and Medica Health Plans, Detroit Lakes Chiropractic, Minnesota Department of Labor and Industry/VRU, Meritcare Health System, Intervenors. ________________________ David C. Wulff, Law Office of David C. Wulff, Roseville, Minnesota, for respondent. M. Chapin Hall, Lynn, Scharfenberg & Assoc., Minneapolis, Minnesota, for relators. ________________________ SYLLABUS 1. The Office of Administrative Hearings, Workers Compensation Section Filed: February 2, 2011 Office of Appellate Courts

has authority under the Minnesota Workers Compensation Act to hear a claim arising out of an injury to a nontribal employee occurring on land held by the federal government 1

in trust for the Mille Lacs Band of Ojibwe (MLBO); that land is not "outside" Minnesota for the purposes of the workers compensation statute. 2. An agreement between the MLBO and its prime contractor to subject all

disputes arising out of the contract to MLBO jurisdiction does not affect Minnesotas jurisdiction over a subcontractors employees workers compensation claim. 3. Minnesota is authorized by 40 U.S.C.

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Minnesota Law