WORKERS' COMPENSATION EXAMINATION

Spring Semester 1995

Professor Larry J. Peterson

(5 points)

1. The employee had a lumbar spine injury causing symptoms of low back pain and burning type symptoms and pain into the left leg. Upon examination, stiffness was noted by the doctor with a decrease in range of motion of the lumbar spine. A CT scan showed an abnormality at two lumbar vertebral levels. Question: What percent of permanent partial disability does this condition represent under the permanent partial disability rules? Question: What is radicular pain? Question: What is radicular paresthesia?

(5 points)

2. The employee had a non-work related motor vehicle accident causing a permanent neck injury in 1980. In 1995, the employee had a permanent aggravation of the neck injury at work. Question: Does the employer owe all of the permanent partial disability rated under the permanent partial disability rules for the entire permanent impairment caused from both injuries? Please cite statutory and rule provisions.

(25 points)

3. Laura was hired by Brick Laying Contractor. This contractor had a contract with General Construction Company to put in the exterior sidewalks at the local shopping mall. Sidewalk Forms, Inc., had a contract with General Construction to lay out and excavate the sidewalk prior to the laying of the bricks.

An employee of Sidewalk Forms., Inc., had put in a sidewalk form which broke when Laura laid a brick sidewalk over it. Laura was injured. When she sought her workers' compensation benefits, she learned that Brick Laying Contractor had no insurance for workers' compensation injuries. Question: Who, if anyone, owes Laura workers' compensation benefits? Question: Who, if anyone, can Laura sue for the broken sidewalk form? Question: What counter claims, cross claims or contribution claims do any of the three construction companies have against each other?

(25 points)

4. Due to corporate downsizing, Computer Slow Data asked every two employees to share an office and equipment. To achieve the use of the same office and equipment each team of employees were required to either work Monday, Wednesday, Friday or Tuesday, Thursday and Saturday in the office. During two other days during the week, the employees were required to work at home. Henry was at home on his assigned "at home" day working on a project for work. He realized he needed computer paper. Rather than drive to his office and pick up computer paper from the supply room, he drove to a nearby shopping mall. He did his grocery shopping at the Rainbow grocery store and then went to Office Max to purchase the computer paper that he needed. He walked next door to the McDonald's and ate lunch. While exiting McDonald's he stepped on a ketchup package, slipped, fell and was injured. Question: Can Henry recover workers' compensation benefits for his injuries? Select the employee's or employer's position. Argue either side to support your conclusion on whether he can or cannot receive workers' compensation benefits.

(5 points)

5. The employee fell fracturing the femur bone of the right leg. This is the large bone in the upper leg. The fracture did not heal and a nonunion resulted a the fracture site. A non-weight bearing orthopedic appliance (orthosis) is required for the employee to walk.

Question: What percent of permanent partial disability does the employee have under the permanent partial disability rules?

(25 points)

6. Ms. Safety Director was laid off by the Dollar Saving Company as part of a reduction in its labor force. She was retained as a consultant to provide safety inspections one time per week at Dollar Saving's warehouse. She was paid $2,500.00 per month for the services. She was provided use of her old office and could access a printer to produce a weekly inspection report. After each weekly inspection, she was required to supply within 24 hours a report outlining any and all safety violations. She was to be available on an as needed basis to discuss and propose solutions to safety violations which she found. She purchased a lap top computer that was compatible with the printers at Dollar Saving. She marketed her services to other companies in the same industry as Dollar Saving and distributed a brochure outlining her consulting services. At the time of her injury, she had not been retained by any other company.

After a warehouse inspection, she was drafting her report in her old office. As she walked out of her office to go for an early lunch at approximately 11:15 a.m. her left knee gave out. She was turning out of her office and walking toward the lobby and the front door of Dollar Saving. Question: Can she recover workers' compensation benefits? Please cite all statutes and rules.

(10 points)

7. Joe's shift ended at 11:00 p.m. It was a Friday evening and he and some co-employees stayed in the company parking lot to have a few beers. About two hours later a fight broke out among five or six co-employees. Extensive property damage was occurring to private and company property. While running to get a company security guard, Joe fell and was injured. Argue the employer's defense of this workers' compensation claim.