Editors: Jay T. Hartman & Thomas D. Mottaz
With Judge Kirsten M. Marshall, Jerry W. Sisk & Joshua M. Steinbrecher
Whether evaluating a case, preparing for a hearing, writing a brief, preparing for trial, or just searching for information, the Minnesota Workers’ Compensation Deskbook is a MUST HAVE resource for attorneys practicing in this area of law! The Seventh Edition, published in 2023, now includes an accompanying eFormbook with more than 120 forms available to download, as well as the handy Workers’ Compensation Benefit Calculation Chart, a standalone resource filled with benefit information. Written by expert plaintiff and defense attorneys as well as judges with decades of experience, the Deskbook is a go-to guide for all workers’ compensation matters. With chapters covering every practice issue imaginable, providing practitioners with the necessary information, analysis, and authorities, there’s no doubt that this Deskbook will be a valuable addition to your practice.
The Deskbook has become the most authoritative secondary source on Minnesota workers’ compensation law. Citing nearly 4,000 cases and statutes, the Deskbook delivers analysis of critical case law, legislation, and administrative rules, and regular updates provide practitioners with the most detailed and up-to-date information available. The Deskbook is also filled with practice-based insight, including helpful comments, practice tips for both petitioner and defense attorneys, examples, and sample language.
2024 UPDATE
The 2024 Update to the Minnesota Workers’ Compensation Deskbook includes updates to 11 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 Fees; Chapter 11 – Penalties, Interest, and Costs; Chapter 15 – Coordination of Benefits; Chapter 21 – Practice and Procedure; and more! Every 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. These cases include Peterson v. City of Minneapolis; Olson v. Total Specialty Contracting, Inc.; Buckwalter v. Fahrner Asphalt Sealers, LLC; Bjornson v. McNeilus Companies, Inc.; and Johnson v. Concrete Treatments, Inc. The 2024 Update also includes an updated Workers’ Compensation Benefit Calculation Chart – a handy reference cheat sheet that makes practice just a little easier!
BUNDLE AND SAVE!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
CHAPTER 1
Compensable Claims/Covered Employees
Compensable Injuries; Noncompensable Injuries; Jurisdiction; Special Employment Situations; Excluded Employments; Applicable Law; Equitable Estoppel
– Hon. 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
– Hon. N. Amee Pham & Erin E. Gross
CHAPTER 3
Time-Barred Claims
Introduction; Notice Requirement; Statute of Limitations; Occupational Disease Cases; Equitable Doctrine of Laches; Retraining Time Limitations
– Eric Beyer
CHAPTER 4
Wage-Loss Benefits
Temporary Total Disability; Permanent Total Disability; Temporary Partial Disability
– Jeffrey W. Jacobs & Samuel A. Heacox
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 September 30, 2023; Injuries Occurring October 1, 2023 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
– Carrie I. Jacobson & Thomas Atkinson
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; Cessation of Dependency Benefits
– David B. Kempston & Maxwell F. Riebel
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
– Charlene K. Feenstra & David B. Kempston
CHAPTER 8
Rehabilitation and Retraining
Introduction; Initiation of Rehabilitation Services; Initiation and Change of Rehabilitation Personnel; Rehabilitation Plan; Retraining; Termination of Rehabilitation Plan; Rehabilitation Providers
– Whitney Teel & Brian Mak
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
– Stephanie K. Thiemann & Kelly B. Lambert
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
– Hon. Grant R. Hartman & Amanda M. Furth
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, Kelly P. Falsani & David O. Nirenstein
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
– Laura B. Zajac, Patricia Munkel-Olson & Fred A. Simon
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 A. Heer
CHAPTER 15
Coordination of Benefits
Variety of Benefits Payable to Injured Workers; No-Fault Basic Economic Loss Benefits; Veterans’ Administration Benefits; Longshore and Harbor Workers’ Compensation Act; Mutually Exclusive Benefits; Rights of Third-Party Payors; Overpayment Recovery Pursuant to Minnesota Statutes Section 176.179; Appendix A – Scenarios
– Jennifer Yackley & Edward C. Olson
CHAPTER 16
Medicare
Basics of Medicare Coverage; The Medicare Secondary Payer Act; Medicare, Medicaid, and SCHIP Enforcement Act, 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; What Happens After a WCMSA Has Been Submitted; 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 Common Acronyms
– Jerry W. Sisk & Joseph P. Mitchell
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
– Hon. Deborah K. Sundquist, Gregg A. Johnson & Hon. Nicholas W. Chang
CHAPTER 18
Third-Party Practice
Introduction; The Employer’s Right of Subrogation; Third Party Contribution Liability; Workers’ Compensation Payments as an Offset Against Civil Damages
– Scott A. Wilson
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; Minnesota Sick and Safe Time; Minn. Stat. § 176.82 – Workers’ Compensation Retaliation; Settlement Agreements; Conclusion
– Leonard B. Segal
CHAPTER 20
Intervention
Introduction; Notice of Right to Intervene Under Minnesota Administrative Rules Part 1415.1100; Right to Intervene – Minn. Stat. § 176.361; Amount Payable; Reimbursement From Benefit Award; Edquist Fees
– Jane C. Poole
CHAPTER 21
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
– Kathryn Hipp Carlson, Michael F. Scully & Hon. Kirsten M. Marshall
CHAPTER 22
Practice Forms
Introduction; Court and Filing Information
– Hon. Kirsten M. Marshall & Michael F. Scully
Table of Authorities
Subject Index
Forms Included:
HARD COPY + eFORMBOOK: $209
LINKEDLAW + eFORMBOOK: $125 for 1-year subscription
Bundle and save!
Purchase the hard copy and receive a coupon code to purchase the corresponding LinkedLaw eDeskbook for only $50! Code will be sent to you with your hard copy.
Other discounts that may apply:
Quantity discount:
Please email customerservice@minncle.org or call 800-759-8840 to inquire about bulk orders.
Owners of Hard Copy:
Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.
Owners of LinkedLaw:
Access the eFormbook directly from within your LinkedLaw book which can be accessed through your account on the Minnesota CLE website under My Account > eResources & Publications.
Take Your Deskbooks to the Next Level With LinkedLaw
Minnesota CLE's Deskbooks, important resources you have known and trusted for decades, are even more valuable with LinkedLaw, an innovative web-based product. LinkedLaw Deskbooks are available 24/7 online, via your computer or mobile device. In addition to being fully searchable, LinkedLaw Deskbooks are linked to primary authorities mentioned in the text. Summon the texts of statutes, rules, and cases with simple mouse clicks. Navigate through the book quickly and easily using the table of contents to jump directly to corresponding pages within the book.
And, with a LinkedLaw Deskbook subscription you will always have the most current version of the Deskbook at your fingertips. All updates and new editions published during the subscription period are incorporated automatically and seamlessly into the LinkedLaw Deskbook, becoming instantly available at no extra cost.
LinkedLaw Deskbooks have everything you need to research, prepare and evaluate dynamite analysis – and save valuable time in the process!
Accessing LinkedLaw eDeskbooks
Subscribers have 24/7 access to their LinkedLaw eDeskbooks through their account on the Minnesota CLE website under My Account > eResources & Publications. Access to each LinkedLaw eDeskbook subscription will be available to the subscriber for 12 months from the date of purchase. LinkedLaw eDeskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Using LinkedLaw eDeskbooks
LinkedLaw eDeskbooks are designed to be user-friendly. Easy-to-use features allow you to navigate quickly through the book, readily search the entire text, and instantly summon the text of primary authorities mentioned in the text. Depending on the device being used, additional features may also be available to you including tools that allow you to copy and paste, zoom in and out, expand the table of contents, view page thumbnails, and more.
Renewing LinkedLaw eDeskbook Subscriptions
Current subscribers to an individual LinkedLaw eDeskbook title can renew their subscription at a specially reduced subscription rate if renewing within the time frame specified.
LinkedLaw Deskbooks can be accessed on any operating system with a supported internet browser and HTML5. The operating system should have 512MB or more of RAM and a single core CPU 2.0 GHz or dual core CPU 1.5 GHz or higher.
LinkedLaw Deskbooks also can be accessed on mobile devices that support HTML5. Some features such as the copy and paste tool may not be available on these devices.
The system is designed to recognize the user's device/platform and load the appropriate version of the LinkedLaw Deskbook.
Test your system by viewing this LinkedLaw Deskbook sample:
I understand and agree to the following:
The LinkedLaw Deskbook subscription period will extend for one year from the date you submit your credit card payment information. The subscription fee is nonrefundable. Your subscription will not automatically renew, but you may renew at a reduced price if renewing within the time frame specified. The subscription is nontransferable. LinkedLaw Deskbook subscriptions bundled with a hard copy deskbook end when the next update is published.
Minnesota Continuing Legal Education grants you a nonexclusive, nontransferable license to access, retrieve, and view the LinkedLaw Deskbook during your subscription period. Sections of the Deskbook also may be cut and pasted into your documents and forms may be downloaded for your use. The LinkedLaw Deskbook is for your personal use only. LinkedLaw contains copyrighted and other proprietary information. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, copying, sharing, resale, or otherwise, of material obtained from LinkedLaw, except as permitted by the Copyright Act or other law. The compilation of all content in LinkedLaw is the exclusive property of Minnesota Continuing Legal Education and is protected by U.S. and international copyright laws.
Disclaimer and Limitation of Liability:
Any information contained in the materials in LinkedLaw is not legal advice. Non-lawyers should seek the advice of a licensed attorney in all legal matters. Readers should assure themselves that the material in LinkedLaw was current and applicable at the time of the Deskbook's original publication. Obviously, neither Minnesota Continuing Legal Education nor the authors can warrant that the material will continue to be accurate, nor do they warrant it to have been completely free of errors when first published. Readers should verify any statements before relying on them.
The materials reflect the viewpoints of their authors and do not necessarily express the opinions of Minnesota Continuing Legal Education.
Minnesota Continuing Legal Education makes no warranties, express or implied, concerning the materials contained in LinkedLaw. Minnesota Continuing Legal Education expressly disclaims all implied warranties of merchantability and of fitness for a particular purpose.
Minnesota Continuing Legal Education does not warrant that this Website, its services, its servers, or e-mails sent from it are free of viruses or other harmful components. Under no circumstances shall Minnesota Continuing Legal Education be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of this site, or sites to which it links, or from reliance on or use of information, services, software, or merchandise provided on or through this site, or that result from deletion of files, delays in operation or transmission of data, or any failure of performance of the site.
Minnesota Continuing Legal Education reserves the right to immediately terminate this Agreement and deny you access to LinkedLaw if you materially breach this Agreement, including but not limited to misuse or unauthorized distribution of the LinkedLaw materials.
This Agreement is governed by the laws of the state of Minnesota. If any provision of this Agreement, or its application, shall, at any time or to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Failure by Minnesota Continuing Legal Education to enforce any provision does not waive any further enforcement rights.
Q.
What is the difference between the LinkedLaw Deskbook Library and the LinkedLaw Deskbook PREMIUM Library?
The LinkedLaw Deskbook PREMIUM Library contains one additional Deskbook, the best-selling Drafting Wills and Trust Agreements with eFormbook.
Q.
Do I need any special hardware or software to access LinkedLaw Deskbooks?
LinkedLaw Deskbooks can be used accessed with any Internet browser on any device. Some tools like copy/paste may not be available on mobile devices. Test your system by viewing the LinkedLaw Deskbook sample.
Q.
May I preview a LinkedLaw Deskbook before deciding to subscribe?
You are welcome to give the LinkedLaw Deskbook sample a test drive!
Q.
May I purchase a LinkedLaw Deskbook or LinkedLaw Library Subscription over the phone?
No, purchasing a subscription online is how you activate the link to access an individual LinkedLaw Deskbook or the LinkedLaw Deskbook Library.
Q.
Can I be invoiced for a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription?
No, subscriptions must be purchased and paid for online.
Q.
Is the length of my subscription rounded off to the nearest week or month?
No, your subscription will run one full year (or month, if a monthly subscription is chosen), to the day. You can see the expiration date of your subscription under My Account > eResources & Publications.
Q.
Once I’ve purchased a LinkedLaw Deskbook or LinkedLaw Deskbook Library subscription, how do I access it?
Log into your account on the Minnesota CLE website and go to My Account > eResources & Publications.
If you've purchased an individual LinkedLaw Deskbook, click the VIEW button by the LinkedLaw Deskbook title in the "Active Online Publications" section.
If you've purchased a LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library subscription, click the ACCESS button in the "LinkedLaw Deskbook Library Subscription" section.
Q.
Will I always have access to the LinkedLaw Deskbooks?
You will have access to the LinkedLaw Deskbook as long as you have an active subscription to the individual LinkedLaw Deskbook or an active subscription to the LinkedLaw Deskbook Library or LinkedLaw Deskbook PREMIUM Library.
Q.
Do I need to purchase updates for my LinkedLaw Deskbook?
No, any update or new edition published during your subscription period is included at no extra charge and will be incorporated automatically and seamlessly into the LinkedLaw Deskbook.
Q.
Can I download the forms in a LinkedLaw Deskbook?
Yes, and we recommend that you download all of the forms in your LinkedLaw Deskbooks so you can use them without Internet access.
Q.
Why won't my eforms download when using Google Chrome? What should I do?
Google has started to block the download of certain types of content in its latest versions of Chrome. One option you have is to switch to a different browser. To continue using Chrome, you can try the following:
Copy and paste chrome://settings/content/insecureContent into your Chrome browser address bar. In the "Allow" section, click the Add button. An "Add a Site" pop-up box should appear. Enter www.minncle.org in the box and click the Add button. You should now be able to open and download your eforms.