CHAPTER ONE

Compensable Claims / Covered Employees

Compensable Injuries; Noncompensable Injuries; Special Employment Situations; Excluded Employments; Applicable Law; Jurisdiction

- Mark Fellman & Barbara Heck

CHAPTER TWO

Arising Out of and In the Course of Employment

Historical Overview and the Concept of Primary Liability; The “Arising Out of” Requirement– Causation by Employment; Increasing the Risk of Injury; The “In the Course of” Requirement – the Time, Place and Circumstances of an Injury; Subsequent Non-Employment Injuries

- Lorrie L. Bescheinen & John H. Guthmann

CHAPTER THREE

Time-Barred Claims

Introduction; Notice Requirement; Exceptions to the Notice Requirement; Special Notice Considerations; Effect of Notice Failure; Statute of Limitations; Exceptions to the Statute of Limitations or Events Which Will Toll the Limitation Period; Time Limitations for Contribution Disputes Between Insurers; Effect on Claim if Statute of Limitations Not Met; Occupational Disease Cases; Equitable Doctrine of Laches; Retraining Time Limitations

- Janet Monson

CHAPTER FOUR

Wage Loss Benefits

Temporary Total Disability; Permanent Total Disability; Temporary Partial Disability; Defenses to Wage Loss Benefits

- Robert C. Falsani, Jeffrey W. Jacobs, James S. Pikala & Sean M. Quinn

CHAPTER FIVE

Permanent Partial Disability

Basic Concepts; Injuries Occurring Prior to January 1, 1984; Injuries Occurring January 1, 1984 through June 30, 1993; Injuries Occurring July 1, 1993 through September 30, 1995; Injuries Occurring October 1, 1995 through September 30, 2000; Injuries Occurring October 1, 2000 through Present; Rating Disability When a Single Body Part is Injured in a Single Occurrence; Rating Disability When Multiple Body Parts are Injured in a Single Occurrence; Weber Ratings of Unscheduled Injuries; Apportionment of Permanent Partial Disability Resulting from Multiple Occurrences; How to Rate Specific Types of Injuries

- Thomas F. Coleman & David Wulff

CHAPTER SIX

Death / Dependency Benefits

Introduction; The Controlling Law; Statute of Limitations; Dependents – Definitions; Burial Expense; No Surviving Dependents; Minimum Payment; Appointment of Guardian or Conservator for Dependents or Incapacitated Dependents; Dependent Spouse With No Dependent Child – Minnesota Statutes Section 176.111(6); Dependent Spouse With One Dependent Child – Minnesota Statutes Section 176.111(7); Dependent Spouse With Two or More Dependent Children – Minnesota Statutes Section 176.111(8); “Last Weekly Benefit Payment” – Definition; Remarriage of Spouse; Orphans/Parents/Remote Dependents; Computation of Benefits, Allocation and Offsets; Survivability of Temporary Total, Temporary Partial, Permanent Total, Permanent Partial and Medical Benefits

- Thomas P. Kieselbach

CHAPTER SEVEN

Medical Benefits

Introduction; General Principles; Who May Provide Treatment Under the Workers’ Compensation Act; Employee’s Right to Choose Treating Health Care Providers; Managed Care Plans; Specific Types of Treatment Allowed; The Permanent Treatment Parameters; Medical Billing, Fees and Review; Independent Medical Examinations; Second Opinions and Neutral Examinations; Medical Dispute Resolution

- Charles M. Cochrane & Lisa P. Wheeler

CHAPTER EIGHT

Rehabilitation and Retraining

Introduction; Rehabilitation Providers; Commencement of Rehabilitation; Initiation of Rehabilitation Services; Rehabilitation Plan; Termination of Rehabilitation Plan; Miscellaneous

- Michael J. Koshmrl & Grant Hartman

CHAPTER NINE

Rates / Wages

Introduction; General Principles; Methods of Calculation; Specially-Treated Occupations/Employers; Other Considerations Affecting Wage; Effect of Computing Wage on Specific Benefits; Workers’ Compensation Tables

- Timothy P. Jung & Thomas D. Mottaz

CHAPTER TEN

Attorneys’ Fees

Introduction; Contingent Fees; Procedures for Approval of Contingent Fees; Fees on Intervenor Recoveries; Fees Paid by the Employer or Insurer; Effect of 1992 Legislative Changes on Fees Payable to Defense Counsel

- John G. Brian, III

CHAPTER ELEVEN

Penalties / Interest / Costs

Introduction; Penalties Assessed Against Employer/Insurer and Payable to the State; Penalties Assessed Against Employer/Insurer and Payable to the Employee; Appeal of Penalties; Civil Damages Against Employers; Costs and Disbursements

- Allen R. Webb

CHAPTER TWELVE

Apportionment, Contribution and Reimbursement

Introduction; History and Development of Apportionment; 1995 Amendments – Legislative Restrictions on Equitable Apportionment; Apportionment by Injury Type; Controlling Law; Statutory Apportionment; Contribution and Reimbursement; Computation of Benefits

- Jay T. Hartman & Tracy M. Borash

CHAPTER THIRTEEN

Special Compensation Fund

Introduction; Uninsured Employers; Subsequent Disability (a.k.a. “Second Injury Fund”) Reimbursement; Supplementary Benefits; Subrogation Rights of the Special Compensation Fund; Assessments

- Mark A. Kleinschmidt & Sara J. Stoltman

CHAPTER FOURTEEN

Worker’s Compensation Reinsurance Association

Introduction; Organization of the WCRA; Regulation; Coverage; Financial Structure; Claims; Dispute Resolution; WCRA Services

- Carl W. Cummins, III

CHAPTER FIFTEEN

Coordination of Benefits

Coordination of Benefits

- Fay E. Fishman & James A. Schaps

CHAPTER SIXTEEN

Medicare

Introduction; How to Protect Medicare’s Future Interests – MSAs; Penalties Under the Medicare Secondary Payer Act and the False Claims Act; MSA Submissions to CMA; How to Protect Medicare’s Past Interests – Settlement of Conditional Payments; CMS Policy Memoranda and the Interpretation of the MSP

- Aaron P. Frederickson & Stephen R. Daly

CHAPTER SEVENTEEN

Settlement Agreement / Vacation of Awards

Introduction; Applicable Statutory Provisions and Rules; Contents of Stipulation for Settlement; Types of Settlements; Approval of Stipulation for Settlement; Preserving Claim for Contribution In Settlement Agreement; Award on Stipulation; Persons Excluded from Settlement; Payment Per Award; Miscellaneous; Vacation of Settlement Agreements; Statutory Provisions and Procedural Rules Governing Vacation of Awards; Jurisdiction of Workers’ Compensation Court of Appeals and Scope of Review; Grounds for Vacation of Award; Employer Petitions to Vacate; Effect of Vacation of Award

- D. Jeffrey Pricco & Honorable Debra A. Wilson

CHAPTER EIGHTEEN

Third-Party Practice

Introduction; Statutory Authority; Real Party in Interest; Statute of Limitations; Subrogation in Automobile Accident Cases; Judicial Enforcement of the Right of Subrogation; The Effect of Comparative Fault; Mechanics of Subrogation Action; Waiving the Employer’s Subrogation Claim; Settlement Techniques by Employee; Benefits Subject to Subrogation; Settlement Techniques by Employer; The Distribution Formula; The Employer’s Third-Party Contribution Liability; Workers’ Compensation Payments as a Collateral Source; Effect of 2000 Amendments

- William M. Bradt & Wilbur W. Fluegel

CHAPTER NINETEEN

Employment Law Issues for Workers’ Compensation Practitioners

Introduction; Americans with Disabilities Act, Minnesota Human Rights Act and the Family and Medical Leave Act; Conclusion

- Howard L. Bolter & Mary  A. Rice

CHAPTER TWENTY

Practice and Procedure

Introduction; Actions Commenced With the Filing of a Claim Petition; Other Actions Commenced With the Filing of a Petition; Procedures for Continuation or Discontinuance of Weekly Benefits; Procedure for Resolving Medical Issues; Procedure for Resolving Rehabilitation Issues; Collectively Bargained Alternative Dispute Resolution System

- Kathleen S. Bray & Dean M. Salita

CHAPTER TWENTY-ONE

Practice Forms

Introduction; Consolidation Information; Alphabetical List of Forms; Forms

- Deborah L. Crowley & Michael Scully

Table of Authorities

Cases; Statutes; Rules; Session Laws/Miscellaneous

Subject Index