MN WORKERS' COMPENSATION DESKBOOK - LINKEDLAW
LinkedLaw eDeskbook
ITEM #:  60090700   |   PUBLISHED:  NOVEMBER 30, 2018
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Minnesota Workers’ Compensation Deskbook, 6th Edition

Edited by Jay T. Hartman, Thomas D. Mottaz, Judge Kirsten M. Tate & 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. 

SIXTH EDITION
The Sixth Edition of the Minnesota Workers’ Compensation Deskbook includes comprehensive updates, discussion, and analysis of the latest workers’ compensation law that came out of Minnesota in 2018. Editors Thomas Mottaz and Jay Hartman, and Junior Editors Judge Kirsten M. Tate and Joshua Steinbrecher, have provided a valuable and dependable New Edition, which improves on prior editions and makes it the essential resource for anyone practicing workers’ compensation in Minnesota. This new edition 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. Tate, Kristen L. Ohlsen & Michael F. Scully

CHAPTER 21
Practice Forms
Introduction; Court And Filing Information; Alphabetical List Of Forms With Source Annotations; Appendix A – Practice Forms: Affidavit of Counsel in Support of Motion to Compel [Additional Discovery] [Attendance at IME/IVE/Deposition]; Affidavit in Support of Motion for Continuance; Affidavit in Support of Motion for Medical Testimony; Affidavit in Support of Petition to Vacate [Award on Stipulation] [Findings and Order]; Affidavit of Counsel in Support of Motion to Dismiss; Affidavit in Support of Motion for Joinder; Affidavit of _____ in Support of Motion to Reinstate on Hearing Calendar; Affidavit of _____ in Support of Motion to Strike the Employee’s Claim Petition; Answer to Employee’s Claim Petition; Application to Intervene (see Motion to Intervene); Authorization for Release – Medical Information; Authorization for Release – Medical Records (MHA); Authorization to Review File of Department of Labor and Industry; Authorization to Release Employment Information; Award on Stipulation: (1) with legal representation and conclusively presumed; (2) with legal representation and with judicial review; (3) all parties not represented and with judicial review; Demand for Discovery Pursuant to Minnesota Rule 1420.2200; Motions: (1) to Compel; (2) for Continuance; (3) for Consolidation; (4) for Medical Testimony; (5) to Dismiss; (6) for Extension to File Independent Medical Examination Report; (7) for Joinder; (8) to Intervene (See Application to Intervene); (9) to Reinstate; (10) to Strike; Notice of Appeal to Workers’ Compensation Court of Appeals; Notice of Taking Deposition; Notice to Potential Intervenors; Order Allowing Medical Testimony; Order Compelling Discovery; Order for Consolidation; Order for Continuance; Order Denying Motion for Dismissal; Order Determining Attorney Fees: (1) Lump Sum; (2) Ongoing; (3) Medical; (4) Rehabilitation; Order Dismissing Petition: (1) After Stricken; (2) After Resolution; Order Dismissing a Party; Order Extending Time to File Independent Medical Examination; Order Granting Intervention; Order for Joinder; Order Reinstating Claim Petition; Order Striking Claim Petition from Active Trial Calendar; Petition for Contribution and/or Reimbursement [Request for Hearing on Liability]; Petition to Discontinue Workers’ Compensation Benefits; Petition for Permanent Total Disability Benefits; Petition for Reassignment; Petition for Reimbursement from Special Compensation Fund; Petition for Temporary Order; Petition for Writ of Certiorari; Petition to Vacate; Pretrial Statement; Response to Motion to Intervene; Retainer Agreement; Sample Intervention Letter; Stipulation for Dismissal; Stipulation for Settlement-Single Employer/Insurer; Stipulation for Settlement-Multiple Employers/Insurers: (1) Social Security Disability Language; Stipulation of Permanent Total Disability; Stipulation Waiving Bond; Substitution of Attorneys; Temporary Order; Writ of Certiorari
– Honorable Kirsten M. Tate, Kristen L. Ohlsen & Michael F. Scully

Table of Authorities
Subject Index

  • Affidavit of Counsel in Support of Motion to Compel [Additional Discovery] [Attendance at IME/IVE/Deposition]
  • Affidavit in Support of Motion for Continuance 
  • Affidavit in Support of Motion for Medical Testimony 
  • Affidavit in Support of Petition to Vacate [Award on Stipulation] [Findings and Order] 
  • Affidavit of Counsel in Support of Motion to Dismiss 
  • Affidavit in Support of Motion for Joinder 
  • Affidavit of _____ in Support of Motion to Reinstate on Hearing Calendar 
  • Affidavit of _____ in
  •  Support of Motion to Strike the Employee’s Claim Petition 
  • Answer to Employee’s Claim Petition 
  • Application to Intervene (see Motion to Intervene) 
  • Authorization for Release – Medical Information 
  • Authorization for Release – Medical Records (MHA) 
  • Authorization to Review File of Department of Labor and Industry 
  • Authorization to Release Employment Information 
  • Award on Stipulation: 
    • with legal representation and conclusively presumed 
    • with legal representation and with judicial review 
    • all parties not represented and with judicial review 
  • Demand for Discovery Pursuant to Minnesota Rule 1420.2200 
  • Motions: 
    • to Compel 
    • for Continuance 
    • for Consolidation 
    • for Medical Testimony 
    • to Dismiss 
    • for Extension to File Independent Medical Examination Report 
    • for Joinder 
    • to Intervene (See Application to Intervene) 
    • to Reinstate 
    • to Strike 
  • Notice of Appeal to Workers’ Compensation Court of Appeals 
  • Notice of Taking Deposition 
  • Notice to Potential Intervenors 
  • Order Allowing Medical Testimony 
  • Order Compelling Discovery 
  • Order for Consolidation 
  • Order for Continuance 
  • Order Denying Motion for Dismissal 
  • Order Determining Attorney Fees: 
    • Lump Sum 
    • Ongoing 
    • Medical 
    • Rehabilitation 
  • Order Dismissing Petition: 
    • After Stricken 
    • After Resolution 
  • Order Dismissing a Party 
  • Order Extending Time to File Independent Medical Examination 
  • Order Granting Intervention 
  • Order for Joinder 
  • Order Reinstating Claim Petition 
  • Order Striking Claim Petition from Active Trial Calendar 
  • Petition for Contribution and/or Reimbursement [Request for Hearing on Liability] 
  • Petition to Discontinue Workers’ Compensation Benefits 
  • Petition for Permanent Total Disability Benefits 
  • Petition for Reassignment 
  • Petition for Reimbursement from Special Compensation Fund 
  • Petition for Temporary Order 
  • Petition for Writ of Certiorari 
  • Petition to Vacate 
  • Pretrial Statement 
  • Response to Motion to Intervene 
  • Retainer Agreement 
  • Sample Intervention Letter 
  • Stipulation for Dismissal 
  • Stipulation for Settlement-Single Employer/Insurer 
  • Stipulation for Settlement-Multiple Employers/Insurers: 
    • Social Security Disability Language 
  • Stipulation of Permanent Total Disability 
  • Stipulation Waiving Bond Substitution of Attorneys 
  • Temporary Order 
  • Writ of Certiorari

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