Edited by Jay T. Hartman & Thomas D. Mottaz
With Junior Editors Judge Kirsten M. Marshall, Joshua M. Steinbrecher & Jerry Sisk
Whether you’re evaluating a case, preparing for a hearing, writing a brief, preparing for trial, or just searching for information, this Deskbook is a MUST HAVE! By covering nearly every practice issue imaginable, providing you with orientation, the analysis and the authorities you need to cite, there’s no doubt that this Deskbook will be your go-to guide for all workers’ compensation matters.
The Minnesota Workers’ Compensation Deskbook has become the most authoritative secondary source on Minnesota workers’ compensation law. The Deskbook cites nearly 4,000 cases and statutes, correctly analyzes these citations, as well as provides the most precise and up-to-date information available. You'll not only receive correct legal analysis, but you'll also receive very practical practice tips and pointers for both petitioner and defense attorneys. There is nowhere else you can find such a resource to help you in your daily practice, but the Minnesota Workers’ Compensation Deskbook.
2022 UPDATE
The 2022 Update to the Minnesota Workers’ Compensation Deskbook includes updates to 12 chapters, including Chapter 1 – Compensable Claims/Covered Employees; Chapter 2 – Arising Out Of and In The Course of Employment; Chapter 7 – Medical Benefits; Chapter 9 – Rates/Wages; Chapter 10 – Attorney’s Fees; Chapter 15 – Coordination of Benefits; and Chapter 20 – Practice and Procedure; and more! Every chapter update includes expert analysis of the newest case law from the Minnesota Supreme Court and the Workers’ Compensation Court of Appeals, keeping practitioners current with new law. The 2022 Update also includes an updated Workers’ Compensation Benefit Calculation Chart – a handy reference cheat sheet that makes practice just a little easier!
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CHAPTER 1
Compensable Claims/Covered Employees
Compensable Injuries; Noncompensable Injuries; Jurisdiction; Special Employment Situations; Excluded Employments; Applicable Law; Equitable Estoppel
– David M. Bateson & Joshua M. Steinbrecher
CHAPTER 2
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
– Jennifer M. Fitzgerald & N. Amee Pham
CHAPTER 3
Time-Barred Claims
Introduction; Notice Requirement; Statute Of Limitations; Occupational Disease Cases; Equitable Doctrine Of Laches; Retraining Time Limitations
– Janet Monson
CHAPTER 4
Wage-Loss Benefits
Temporary Total Disability; Permanent Total Disability; Temporary Partial Disability
– Douglas J. Brown & Jeffrey W. Jacobs
CHAPTER 5
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 September 30, 2018; Injuries Occurring October 1, 2018 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
– David C. Wulff
CHAPTER 6
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 – MINN. STAT. § 176.111, SUBD. 6; Dependent Spouse With One Dependent Child – MINN. STAT. § 176.111, SUBD. 7; Dependent Spouse With Two Or More Dependent Children – MINN. STAT. § 176.111, SUBD. 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 7
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; The Medical Treatment Parameters; Specific Treatment Considerations; Medical Billing, Fees, And Review; Independent Medical Examinations; Second Opinions, Impact Of Decisions Regarding Proceeding With Surgery, And Neutral Examinations; Medical Dispute Resolution; Medical Cannabis
– Charlene K. Feenstra & David B. Kempston
CHAPTER 8
Rehabilitation And Retraining
Introduction; Initiation Of Rehabilitation Services; Change Of Rehabilitation Personnel; Rehabilitation Plan; Retraining; Termination Of Rehabilitation Plan; Rehabilitation Providers
– Whitney L. Teel
CHAPTER 9
Rates/Wages
Introduction; General Principles; Methods Of Calculation; Specially-Treated Occupations, Employers, and Employees; Other Considerations Affecting Wage; Effect Of Computing Wage On Specific Benefits; Appendix A – Workers’ Compensation Benefit Adjustments
– Thomas D. Mottaz
CHAPTER 10
Attorney Fees
Introduction; Contingent Fees; Fees On Intervenor Recoveries; Fees Paid By The Employer Or Insurer; Fees In Multiple Issue Cases; Procedures For Approval Of Attorney Fees; Fees Payable To Defense Counsel
– Honorable Grant R. Hartman
CHAPTER 11
Penalties, Interest, and Costs
Introduction; Penalties Assessed Against Employer/Insurer And Payable To The Employee; Penalties Assessed Against Employer/Insurer And Payable To The State; Penalties Payable To Employee’s Attorney; Appeal Of Penalties; Civil Actions Under Minnesota Statutes Section 176.82; Interest; Costs And Disbursements
– Karen M. Charlson
CHAPTER 12
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
CHAPTER 13
Special Compensation Fund
Introduction; Uninsured Employers; Supplementary Benefits; Subsequent Disability (A.K.A. “Second Injury Fund”) Reimbursement; Subrogation Rights Of The Special Compensation Fund; Assessments
– Mark A. Kleinschmidt, Sara J. Stoltman & Laura B. Zajac
CHAPTER 14
Workers’ Compensation Reinsurance Association
Introduction; Organization Of The WCRA.; Regulation; Coverage; Financial Structure; Claims; Dispute Resolution; Other Duties of Members;WCRA Services
– James Heer
CHAPTER 15
Coordination Of Benefits
Coordination Of Benefits; Appendix A – Scenarios
– Fay E. Fishman & James A. Schaps
CHAPTER 16
Medicare
Basics Of Medicare Coverage; The Medicare Secondary Payer Act; Medicare, Medicaid, and the SCHIP Enforcement Ace, Section 111: Reporting Requirements For Employers And Insurers; Reimbursing Medicare’s Past Conditional Payments; Workers’ Compensation Medicare Set-Aside Arrangements; Setting Up A Medicare Set-Aside Account; Timing Of Approval Of A Medicare Set-Aside Account; Avoiding A Medicare Set-Aside Account; Effect Of A Workers’ Compensation Judge Approving A Workers’ Compensation Settlement; Penalties; False Claims Act and Private Cause of Action; Selected Cases; Useful Resources; Appendix A – Glossary of Acronyms
– Joseph P. Mitchell & Jerry W. Sisk
CHAPTER 17
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; Appeal
– Honorable Deborah K. Sundquist & Gregg A. Johnson
CHAPTER 18
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; Intervention Rights; Settlement Techniques By Employee; Benefits Subject To Subrogation; 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; Waive and Walk
– Wilbur W. Fluegel
CHAPTER 19
Employment Law Issues For Workers’ Compensation Practitioners
Introduction; Americans With Disabilities Act, Minnesota Human Rights Act, And The Family And Medical Leave Act; Conclusion
– Blaine L.M. Balow & Clayton Halunen
CHAPTER 20
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
– Honorable Kirsten M. Marshall, Kristen L. Ohlsen & Michael F. Scully
CHAPTER 21
Practice Forms
Introduction; Court And Filing Information
– Honorable Kirsten M. Marshall, Kristen L. Ohlsen & Michael F. Scully
Table of Authorities
Subject Index
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