SYLLABUS WORKERS COMPENSATION THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW SPRING SEMESTER 2010

Size: px

Start display at page:

Download "SYLLABUS WORKERS COMPENSATION THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW SPRING SEMESTER 2010"

Ferdinand Rose
10 years ago
Views:

1 SYLLABUS WORKERS COMPENSATION THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW SPRING SEMESTER 2010 Lisa B. Pearson John G. Ness and Associates Suite St. Peter Street St. Paul, MN (651) (office) (651) (cell) I am usually available after class and will make myself available at most other times as well, just call for an appointment. Also, when communicating via , please use my work addresses NOT my St. Thomas addresses. Class Information: Thurs. 6:00pm - 8:55pm 12 regular classes, 1 (Saturday) review class January 21, 28 February 4, 11, 18, 25 March 4, 11, 18, 25 April 8, 15 Optional (but highly recommended) review class Saturday prior to exam (3 hours) Textbooks: The Minnesota Workers Compensation Deskbook (MN CLE Center, Third Floor, City Center, 600 Nicollet Mall, Suite 370 Minneapolis, MN 55402) Minnesota Statute 176 (available at the State of MN Bookstore and online) Rules Governing Workers Compensation Practice and Procedure (available online) The link for the Statute and Rules is The page numbers listed in the syllabus are for the Minnesota Workers Compensation Deskbook. For each class you should read the assigned pages and the relevant statutory provisions.

com I am usually available after class and will make myself available at most other times as well, just call for an appointment.

2 Classroom/Courtroom Procedure: Please be here, be on time and be prepared. Because we meet only once per week for a 3 credit class missing more than TWO sessions (6 hours of class) will cause you to fall behind and it will be very difficult to catch up. Each night we will be covering a new area of material and each area of material will be on the final exam with the exception of the final class period. Mid-Term & Final There will be a take home Midterm due on March and a Final Exam. The midterm grade will count as one third of your final grade, with the final exam counting two-thirds. If the midterm does not raise your final grade, it will not count. There will be a three-hour final exam at the end of the semester. The final exam will be somewhat open book - you can bring the Statute, the Rules and the Deskbook, any handouts, class notes and any outlines you have personally prepared or helped prepare. Extra Credit You may bump your final grade up one step (e.g. from B to B+) by doing extra credit e- mails and ing them to me by midnight the Sunday night after class. To receive this extra credit, you must complete the extra credit for 9 of the 10 in-class sessions. What is an extra credit ? An (no attachments please) with your name (not your test number) and: 1. A discussion of your questions and comments regarding the muddiest or most confusing point/rule/problem from the class; 2. The clearest point/rule/problem from the class; 3. Other questions and comments regarding the class, if you have any; Reminder, please send your to my work address [email protected], NOT to my St. Thomas address. Print a hard copy for your records in case I don t receive them. I will not reply to acknowledge receipt of every as they are sent.

Each night we will be covering a new area of material and each area of material will be on the final exam with the exception of the final class period.

3 DATE SUBJECT MATTER READING ASSIGNMENT January 21 Introduction and Overview of Workers Compensation System Compensable Claims Deskbook - Chapter One, p Statute ,.011 subp. 9-16, Types of Injuries 19, 21-22, non-covered injuries substantial contributing cause January 28 Covered Employees Deskbook - Chapter One, special employment situations Statute , subp. excluded employments 9, 16, 19, 21-22, subp. 1, independent contractor 1a, 2, , , jurisdiction Rules Statute Time Barred Claims Deskbook - Chapter Three notice Statute , statute of limitations exceptions to stat. of lims.

9-16, Types of Injuries 19, 21-22, non-covered injuries substantial contributing cause January 28 Covered Employees Deskbook - Chapter One, 16-44 special employment

4 February 4 Primary Liability Issues Deskbook - Chapter Two p.1-11 Arising out of employment Statute (16), (1) acts of god acts of 3rd parties coming and going rule idiopathic injuries In the course of Deskbook - Chapter Two p traveling employees Statute (16), (1), acts to assist others (1)(a) employee conduct home as workplace Subsequent non-work related inj. February 11 Calculation of Benefit Amount Guest Professor weekly wage Deskbook - Chapter Nine TTD compensation rate Statute PTD compensation rate TPD compensation rate Wage Loss Benefits Temporary Total Disability Deskbook - Chapter Four p factors affecting entitlement/duration (you are only responsible for knowing post 1995 law)

021(1), acts to assist others 176.131 (1)(a) employee conduct home as workplace Subsequent non-work related inj.

5 February 18 Wage Loss Benefits Deskbook - Chapter Four p Temporary Partial Disability Statute subd. (1) factors affecting entitlement duration Wage Loss Benefits Deskbook - Chapter Four p Defenses to Temp Wage Loss Benefits maximum medical improvement job search removal labor market layoff retirement earning capacity superseding intervening cause termination for cause non-coop. medical non-coop. rehabilitation (you are only responsible for knowing post 1995 law) February 25 Permanent Total Disability Deskbook - Chapter Four p Statute subd. (5) Review Wage Loss Benefits Deskbook - Chapter Four Statute (you are only responsible for knowing post 1995 law)

48-89 Defenses to Temp Wage Loss Benefits maximum medical improvement job search removal labor market layoff retirement earning capacity superseding intervening cause

6 March 4 Review/Explanation of Mid-Term receive mid-term factual scenario dispute regarding wage loss benefits Permanent Partial Disability Deskbook - Chapter Five schedules Statute subd. 2(a), 4(a) apportionment Rules skim et. seq p. 211 multiple body parts et. seq p (you are only responsible for knowing post 1995 law) March 11 Written portion of Mid-Term due Medical Benefits types of benefits fee schedule change of physician ime managed care second opinion surg. treatment parameters Deskbook - Chapter Seven Statute Rules et. seq. skim March 18 In Class portion of Mid Term

211 multiple body parts - 255 5223.0300 et. seq p.

7 March 25 Rehabilitation Benefits Deskbook - Chap 8 p. 1-23, Statute qualified rehabilitation consultant Rules et. seq. skim qualified employee commencement of rehabilitation rehabilitation plan retraining Deskbook - Chapter Eight p Statute (23) Poole v. Farmstead Foods, 42 WCD 970 (W.C.C.A. 1989) April 8 Death & Dep. Benefits Deskbook - Chapter Six dependants Statute subd. (2) burial Rules minimum payments calculation of benefits offsets survivability of benefits Attorney Fees/Penalties Deskbook - Chapter Ten Chapter Eleven contingency fees Statute ,.191,.511 medical fees subd (3) (5),.225 rehabilitation fees intervenor fees Edquist v. Browning-Ferris, 380 appellate fees N.W.2d 787 (1986) penalties paid to employee penalties paid to state Roraff v. State of Minnesota, 288 N.W.2d 15 (1980) Heaton v. J.E. Fryer & Co., 36 W.C.D. 316 (W.C.C.A. 1983)

1989) April 8 Death & Dep. Benefits Deskbook - Chapter Six dependants Statute - 176.111.151 subd. (2) burial Rules -5220.

8 April 15 Settlement Agrmnts/ Pet. to Vacate Deskbook - Chap Fifteen p Stipulations and Awards Statute ,.061 On Stipulation Rules et. seq. Deskbook - Chap Fifteen p Statute ,.521 (sub. 6) Fodness v. Standard Café, 41 W.C.D (W.C.C.A.1989) Apportionment Statute subd.10 by injury type Statute Subd. 4a controlling law Joyce v. Lewis Bolt & Nut Co., 414 statutory apportionment NW 2d 304 (1987) Contribution/Reimbursement temporary orders miscellaneous concepts Deskbook - Chapter Twelve The information covered this night will not be on the final exam. (?)TBD Review Session

66 subd.10 by injury type Statute- 176.101 Subd. 4a controlling law Joyce v. Lewis Bolt & Nut Co.

Attorney Fees. Prepared by Whitney L. Teel, Esq. The type of fees payable in a workers compensation case depends upon the type of benefit recovered.

Attorney Fees. Prepared by Whitney L. Teel, Esq. The type of fees payable in a workers compensation case depends upon the type of benefit recovered. Attorney Fees Prepared by Whitney L. Teel, Esq. I. Types of Fees The type of fees payable in a workers compensation case depends upon the type of benefit recovered. A. Recovery of Monetary Compensation: