MN WORKERS' COMPENSATION DESKBOOK W/EFORMBOOK - LINKEDLAW
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ITEM #:  60090700   |   PUBLISHED:  DECEMBER 3, 2021
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Minnesota Workers’ Compensation Deskbook with eFormbook, 6th Edition

Edited by Jay T. Hartman, Thomas D. Mottaz, Judge Kirsten M. Marshall & Joshua M. Steinbrecher

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.

2021 UPDATE
The 2021 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’s Fees; Chapter 17 – Settlement Agreement/Vacation of Awards; and Chapter 20 – Practice and Procedure; and others. 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 2021 Update also includes three updated forms and one brand-new form in the companion eFormbook, as well as 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

  • WC01 Affidavit of Counsel in Support of Motion to Compel [Additional Discovery] [Attendance at IME/IVE/Deposition]
  • WC02 Affidavit in Support of Motion for Continuance
  • WC03 Affidavit in Support of Motion for Medical Testimony
  • WC04 Affidavit in Support of Petition to Vacate [Award on Stipulation] [Findings and Order]
  • WC05 Affidavit in Support of Motion to Dismiss
  • WC06 Affidavit in Support of Motion for Joinder
  • WC07 Affidavit in Support of Motion to Reinstate on Hearing Calendar
  • WC08 Affidavit in Support of Motion to Strike the Employee’s Claim Petition
  • WC09 Affidavit of Significant Financial Hardship
  • WC10 Affidavit of Service
  • WC11 Annual Claim for Reimbursement from the Second Injury Fund
  • WC12 Annual Claim for Reimbursement of Supplementary Benefits
  • WC12.1 Addendum to Annual Claim for Reimbursement of Supplementary Benefits
  • WC13 Answer to Claim Petition
  • Application to Intervene (see Form WC41, Motion to Intervene)
  • WC14 Authorization to Release Medical Information
  • WC15 Authorization To Use And/Or Disclose Medical Records
  • WC16 Authorization to Review File
  • WC17 Authorization For Release of Employment Information
  • Award on Stipulation:
  • WC18 Award on Stipulation: with legal representation and conclusively presumed
  • WC19 Award on Stipulation: with legal representation and with judicial review
  • WC20 Award on Stipulation: all parties not represented and with judicial review
  • WC21 Employee’s Claim Petition (OAH)
  • NOTE: Filers wishing to initiate proceedings at the DLI in conformity with Minnesota Statutes section 176.2611should use the DLI’s form. Filers wishing to initiate proceedings at the OAH in conformity with Minnesota Statutes section 176.2611 should use the OAH’s form.
  • WC22 Employee’s Claim Petition (DLI)
  • NOTE: Filers wishing to initiate proceedings at the DLI in conformity with Minnesota Statutes section 176.2611should use the DLI’s form. Filers wishing to initiate proceedings at the OAH in conformity with Minnesota Statutes section 176.2611 should use the OAH’s form.
  • WC23 Claim Petition for Dependency Benefits or Payment to Estate (OAH)
  • WC24 Demand for Discovery Pursuant to Minnesota Rule 1420.2200
  • WC25 Disability Status Report
  • WC26 Employee or Insurer’s Objection to Requested Attorney Fees and/or Costs
  • WC27 Excess Fee Exhibit
  • WC28 First Report of Injury
  • WC29 Health Care Provider Report
  • WC30 Interim Status Report
  • WC31 Medical Request
  • WC32 Medical Response
  • WC33 Mediation Request Form (OAH)
  • Motions:
  • WC34 Motion to Compel [Additional Discovery] [Attendance at IME/IVE/Deposition]
  • WC35 Motion for Continuance
  • WC36 Motion for Consolidation
  • WC37 Motion for Medical Testimony
  • WC38 Motion to Dismiss
  • WC39 Motion for Extension Of Time Within Which To Complete an Independent Medical Examination Pursuant to Minn. Stat. § 176.155
  • WC40 Motion for Joinder
  • WC41 Motion to Intervene (OAH)
  • WC42 Motion to Intervene (DLI)
  • WC43 Motion to Reinstate on Hearing Calendar
  • WC44 Motion to Strike From Active Trial Calendar
  • WC45 Notice of Appeal to Workers’ Compensation Court of Appeals (OAH)
  • WC46 Notice of Appearance of Attorney for Employee
  • WC47 Notice of Appearance
  • WC48 Notice of Benefit Payment
  • WC49 Notice of Benefit Reinstatement
  • WC50 Notice of Case Settlement
  • WC51 Notice of Discontinuance of Workers’ Compensation Benefits Upon Death of Employee
  • WC52 Notice of Discontinuance of Workers’ Compensation Dependency Benefits
  • WC53 Notice of Insurer’s Primary Liability Determination
  • WC54 Notice of Intention to Discontinue Benefits
  • WC55 Notice of Taking Deposition
  • WC56 Notice to Potential Intervenors (DLI)
  • NOTE: If matter is pending at the DLI, this notice should be used. The OAH’s form (Form WC59, Notice of Right to Intervene), should be used when matter is pending at the OAH.
  • WC57 Notice of Right to Intervene (OAH)
  • NOTE: If matter is pending at the OAH, this notice should be used. The DLI’s form (Form WC58, Notice to Potential Intervenors), should be used when matter is pending at the DLI.
  • WC58 Employee’s Objection to Discontinuance
  • WC59 Objection to Request for Expedited Hearing Based Upon Financial Hardship
  • WC60 Objection to Petition for Contribution and/or Reimbursement
  • WC61 Objection to Petition for Joinder
  • WC62 Objection to Request for Formal Hearing
  • WC63 Order Allowing Medical Testimony
  • WC64 Order Compelling Discovery
  • WC65 Order for Consolidation
  • WC66 Order for Continuance
  • WC67 Order Denying Motion for Dismissal
  • Order Determining Attorney Fees:
  • WC68 Lump Sum
  • WC69 Ongoing
  • WC70 Medical
  • WC71 Rehabilitation
  • Order Dismissing Claim Petition:
  • WC72 After Stricken
  • WC73 Claim/Pleading Withdrawn
  • WC74 Order Dismissing Parties
  • WC75 Order Dismissing Pleadings
  • WC76 Order Extending Time to File Independent Medical Examination Report
  • WC77 Order for Joinder
  • WC78 Order Reinstating Employee’s Claim Petition
  • WC79 Order Striking Employee’s Claim Petition from Active Trial Calendar
  • WC80 Permanent Total Disability Agreement (Effective Only for Dates of Injuries Prior to 10/01/1995)
  • WC81 [Petition for Contribution and/or Reimbursement] [Request for Hearing on Liability on Temporary Order]
  • WC82 Petition to Discontinue Workers’ Compensation Benefits
  • WC83 Petition for Joinder
  • WC84 Petition for Permanent Total Disability
  • WC85 Petition for Reassignment (OAH)
  • WC86 Petition for Reimbursement from the Special Compensation Fund
  • WC87 Petition for Temporary Order
  • WC88 Petition for Taxation of Actual and Necessary Disbursements
  • WC89 Petition for Writ of Certiorari
  • WC90 Petition to Vacate [Award] [Order]
  • WC91 Pretrial Statement
  • WC92 Rehabilitation Request
  • WC93 Rehabilitation Response
  • WC94 Report of Work Ability
  • WC95 Request for Administrative Conference on Discontinuance of Workers’ Compensation Benefits
  • WC96 Attorney Request for Certification of Dispute
  • WC97 Request for Formal Hearing
  • WC98 Request to Cancel Settlement Conference
  • WC99 Request to Cancel Minn. Stat. § 176.239 Administrative Conference
  • WC100 Request to Appear at Stipulation Status Conference (SSC) by Telephone
  • WC101 Response of [Employee] [Employer] to Motion of _______ to Intervene
  • WC102 Sample Retainer Agreements
  • WC103 Statement of Attorney Fees and Costs
  • WC104 Stipulation for Dismissal
  • WC105 Stipulation of Intervention (OAH)
  • WC106 Stipulation of Intervention (DLI)
  • WC107 Stipulation for Settlement
  • WC108 Stipulation for Settlement (Multiple Parties)
  • WC109 Stipulation For Settlement Provisions Relating to Social Security Offsets
  • WC110 Stipulation of Permanent Total Disability
  • WC111 Stipulation Waiving Bond
  • WC112 Subpoena
  • WC113 Substitution of Attorneys
  • WC114 Temporary Order
  • WC115 Writ of Certiorari
  • WC116 Request for Interpreter

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