Workers Compensation Practice For Paralegals

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Workers' Compensation Practice for Paralegals

Author : Lynne J. DeVenny,J. Griffin Morgan
Publisher : Unknown
Page : 0 pages
File Size : 54,8 Mb
Release : 2008
Category : Legal assistants
ISBN : 1594602646

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Workers' Compensation Practice for Paralegals by Lynne J. DeVenny,J. Griffin Morgan Pdf

Workers' Compensation Practice for Paralegals is a textbook and practice guide for paralegals and other legal professionals who work in the area of workers' compensation law. The book addresses practical tasks associated with the law office management of workers' compensation cases, including an overview of workers' compensation law, determining compensable claims, evaluating and accepting cases, reviewing and summarizing medical records, investigating claims, obtaining evidence, drafting pleadings and preparing for mediations and hearings. More complex tasks, such as handling catastrophic injuries and death claims, Medicare Set-Aside Arrangements, third party claims and bankrupt defendants, are also discussed. Each chapter includes practice tips to help paralegals become proficient in the practice of workers' compensation law, as well as references to find the most up-to-date information regarding various aspects of workers' compensation practice. Sample documents are included to illustrate the kinds of documents paralegals may draft in a typical private law practice. Workers' Compensation Practice for Paralegals is unique because it is written specifically for paralegals by an attorney/paralegal team with a combination of over thirty years of practice in workers' compensation law. In addition, both authors have experience teaching law students and paralegals in college settings. Recognizing that there are excellent state-specific workers' compensation reference books for workers' compensation practitioners, this book is intended to guide and train paralegal students, paralegals and other legal professionals new to the practice of workers' compensation law. Straightforward and easy to read, it provides its readers with an overview of the essential skills necessary to perform substantive work on any workers' compensation case, as well as the tools to find the information they need to make a significant contribution to a workers' compensation practice, whether it be their own state-specific rules and forms, Medicare's current WCMSA requirements or medical references.

Workers' Compensation Law

Author : Bevans
Publisher : Cengage Learning
Page : 317 pages
File Size : 46,8 Mb
Release : 2009
Category : Workers' compensation
ISBN : 1418018295

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Workers' Compensation Law by Bevans Pdf

Workersa Compensation Law provides an in-depth look at the day-to-day practice of this field while addressing theoretical aspects that form a critical foundation for this branch of law. Reviews how a worker's compensation case begins and explains activities involved in those cases, such as drafting petitions, presenting cases to an administrative law judge, and bringing an appeal. The theoretical basis of the material is laid out in easy to understand and enjoyable format reinforced with practical real-life examples. Although written with paralegal-specific information, the content includes information vital to anyone dealing with Workersa Compensation issues.

Worker's Compensation

Author : Ed Priz,Scott Priz
Publisher : Advanced Insurance Mgmt.
Page : 238 pages
File Size : 47,8 Mb
Release : 2010-01-04
Category : Employers' liability insurance
ISBN : 9781439270592

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Worker's Compensation by Ed Priz,Scott Priz Pdf

The Field Guide for Employers explains in detail how Workers Compensation insurance is priced and audited, and how employers can protect themselves from common overcharges made by insurance companies. Everything business people need to know about Workers Compensation insurance, but were afraid to ask (or didn't know who to ask).

Workers' Compensation

Author : Alan Eskenazi,Steven Siemers,Ellyn Moscowitz
Publisher : Unknown
Page : 862 pages
File Size : 50,6 Mb
Release : 1994-01-01
Category : Legal assistants
ISBN : 0832100315

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Workers' Compensation by Alan Eskenazi,Steven Siemers,Ellyn Moscowitz Pdf

Unexpected Consequences of Compensation Law

Author : Prue Vines,Arno Akkermans
Publisher : Bloomsbury Publishing
Page : 411 pages
File Size : 52,6 Mb
Release : 2020-09-03
Category : Law
ISBN : 9781509928002

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Unexpected Consequences of Compensation Law by Prue Vines,Arno Akkermans Pdf

This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Pennsylvania Workers' Compensation Law: the Basics

Author : Daniel J Siegel Esquire,Molly Barker Gilligan Esquire
Publisher : Unknown
Page : 336 pages
File Size : 52,8 Mb
Release : 2013-07
Category : Law
ISBN : 1478705590

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Pennsylvania Workers' Compensation Law: the Basics by Daniel J Siegel Esquire,Molly Barker Gilligan Esquire Pdf

The only resource of its kind, Pennsylvania Workers' Compensation Law: The Basics: A Primer for New Lawyers, General Practitioners & Others, is an up-to-date and easy-to-understand guide to Pennsylvania workers' compensation law, practice and procedure. This book is designed to be used as a desk reference by injured workers, employers, attorneys, paralegals, claims adjusters, self-insured employers and vocational rehabilitation workers. Written in plain English and without any legalese by Attorney Daniel J. Siegel, former Chair of the Philadelphia Bar Association Workers' Compensation Section and a frequent lecturer and author on this area of law, and Attorney Molly Barker Gilligan, the book includes: The latest version of the Pennsylvania Workers' Compensation Act and Regulations; A detailed explanation of the Pennsylvania statutes and regulations; Helpful tips for anyone seeking to better understand Pennsylvania's complex workers' compensation system. The book covers everything, including: What Is Workers' Compensation; Total Temporary Disability Benefits; Partial Disability; Medical Benefits; How Does An Attorney Get Paid?; Substantive Law; Procedural Law; The Statute Of Limitations; What Are a Worker's Rights?; Employee Obligations; Employer Obligations; Obtaining Benefits; Who Is An Employer/Employee; Medical Care Issues; What Doctor Can I See?; The Myth Of The 90 Day Rule for Medical Care; Litigation; Light Duty Job Offers; Vocational Interviews; Labor Market Surveys; Impairment Rating Evaluations; Uninsured Employers; Evidentiary Principles; Mediation; Decisions; Appeals.

Legal Nurse Consulting Practices

Author : Vernon J. Geberth
Publisher : CRC Press
Page : 648 pages
File Size : 40,8 Mb
Release : 2010-02-19
Category : Law
ISBN : 9781420089509

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Legal Nurse Consulting Practices by Vernon J. Geberth Pdf

Over the past generation, the practice of legal nurse consulting has grown to include areas such as life care planning, risk management, and administrative law, as well as taking on a more diversified role in both criminal and civil law and courtroom proceedings. First published in 1997, Legal Nurse Consulting, Principles and Practices provided pro

Workers' Compensation Subrogation In All 50 States - Fifth Edition

Author : Gary L. Wickert
Publisher : Juris Publishing, Inc.
Page : 1616 pages
File Size : 41,8 Mb
Release : 2012-04-01
Category : Law
ISBN : 9781578233632

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Workers' Compensation Subrogation In All 50 States - Fifth Edition by Gary L. Wickert Pdf

Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Legal Nurse Consulting Principles and Practices

Author : Julie Dickinson,Anne Meyer
Publisher : CRC Press
Page : 996 pages
File Size : 46,8 Mb
Release : 2019-09-03
Category : Law
ISBN : 9781000458596

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Legal Nurse Consulting Principles and Practices by Julie Dickinson,Anne Meyer Pdf

Legal Nurse Consulting Principles and Practices, Fourth Edition, provides foundational knowledge on the specialty nursing practice of legal nurse consulting. Legal nurse consulting is defined, and essential information about the practice is discussed (history, certification, scope and standards of practice, and ethical and liability considerations). The essentials of the law and medical records are explored. Analysis of the various types of legal cases on which legal nurse consultants work is provided, as are other practice areas for legal nurse consultants. The various roles and skills of legal nurse consultants are explored, and the textbook concludes with discussion of the ways in which legal cases are adjudicated. This volume allows nurses to bridge the gap from their clinical experience to the unfamiliar territory of the legal world, with practical advice on topics including tactics for being cross-examined in the courtroom and investigative and analytical techniques for medical records. Individual chapters by subject-matter experts focus on the full range of legal, medical, and business issues that new or experienced legal nurse consultants and nurse experts will encounter in their work. A nuanced look at the realities and complexities of toxic torts, medical malpractice cases, civil rights in correctional healthcare, ERISA and HMO litigation, and other practice areas is offered. Suitable for experienced nurses studying for certification as legal nurse consultants, and for expert witnesses, practitioners seeking to expand their current legal nurse roles, and other healthcare and legal practitioners.

Workers' Compensation Practice Manual

Author : Eric M. May
Publisher : Unknown
Page : 128 pages
File Size : 43,6 Mb
Release : 2003-01-01
Category : Workers' compensation
ISBN : 0944694411

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Workers' Compensation Practice Manual by Eric M. May Pdf

Personal Injury and the Law of Torts for Paralegals

Author : Emily Lynch Morissette
Publisher : Aspen Pub
Page : 0 pages
File Size : 49,7 Mb
Release : 2008-10-13
Category : Law
ISBN : 0735569576

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Personal Injury and the Law of Torts for Paralegals by Emily Lynch Morissette Pdf

Personal Injury And The Law of Torts for Paralegals is a highly teachable new textbook that balances substantive and practical coverage to prepare students to work as personal injury paralegals. Emphasizing medical information specifically related to personal injury law, Emily Lynch Morissette provides consistently clear writing, examples drawn from experience, and myriad teaching devices to convey a working understanding of the role of the paralegal in personal injury cases. Providing both foundational information on torts And The skill development needed to work as a personal injury paralegal, this text features : complete coverage of the AAfPE’s Model Tort Law syllabus logically organized substantive topics that begin with an introduction To The concept of torts and move through each element of negligence, followed by medical malpractice as a type of negligence, intentional torts, and Worker’s Compensation. practice-based topics that examine how to discover medical records, tort discovery, and litigation an Introduction to Medicine in the Appendix an emphasis on medical information specifically related to personal injury — such as how to obtain and understand medical records a wealth of clear and accessible examples fact-based exercises using real-life scenarios consistent and hard-working pedagogy, including: Chapter Objectives marginal definitions tables and figures case summaries ethics topics Chapter Summaries review questions Web links detailed Instructor's Manual that includes sample syllabi, answers to all review questions and exercises, and a Test Bank Take a look at the new Torts book for paralegals that offers complete coverage of substantive torts topics while underscoring the specific skills critical to the work of a personal injury paralegal: Personal Injury And The Law of Torts for Paralegals by Emily Lynch Morissette.

New York Workers' Compensation Law

Author : Gregory Lois
Publisher : Independently Published
Page : 350 pages
File Size : 48,7 Mb
Release : 2020-10-02
Category : Electronic
ISBN : 9798678291097

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New York Workers' Compensation Law by Gregory Lois Pdf

COMPLETELY REVISED FOR 2021, THIS IS THE MOST UP-TO-DATE, PRACTICAL, and easy-to-understand guide to workers' compensation claims in New York. This book is designed for employers, attorneys, claim adjusters, physicians, self-insured employers and vocational rehabilitation workers. This guide is written in plain English by a New York State attorney and provides a detailed analysis of relevant statutes and regulations; a complete recap of recent court decisions including 2019 & 2020 cases; and a full description of current practice. This book provides a behind-the-scenes look at the complicated issues and makes the law understandable for business owners. Includes a summary of the Medical Treatment Guidelines and the New York State Guidelines for Determining Permanent Impairment. Up-to-date information on the COVID-19 Claims, the Prescription Drug Formulary, Expanded Provider Law, NEW Medical Treatment Guidelines, and Temporary Disability Credit is included in this edition.WHAT'S NEW in the 2021 Edition? Chapter-by-Chapter updates include: Introduction: Updated case filing facts and figures from latest (2019) Workers' Compensation Board Annual Report. Chapter 1: Added information about new methods of sending information and documents to the Board, including Web Upload option. Chapter 1: Added information about virtual hearing program and post-COVID hearings. Chapter 3: Added information regarding payment of benefits and impact on tolling State of Limitations. Chapter 5: Updated references in "Attachment to the Workforce" section to include references to C-258.1 Form "Claimant's Record of Independent Job Search." Chapter 7: Added section to discuss impact of 2020 case decisions and implications of claimant receiving both a SLU and LWEC award for same injury.Chapter 8: Added references to additional Medical treatment Guidelines effective January 1, 2021. Added "Elbow Injuries Medical Treatment Guidelines," "Ankle and Foot Injuries Medical Treatment Guidelines," "Hip and Groin Injuries Medical Treatment Guidelines," and "Occupational Interstitial Lung Disease Medical Treatment Guidelines."Chapter 9: Add information about dependency benefits available in same-sex marriage.Chapter 13: ENTIRELY NEW CHAPTER analyzing how COVID-19 (SARS-CoV-2) claims are handled under the New York Workers' Compensation Law.Chapter 14: Added new sections on appeals from Board Panel Decisions, including appeal to the Full Board, Appeal to the Third Department of the Appellate Division of the Supreme Court, and final appeal to the New York Court of Appeals.Chapter 15: Added discussion of the "Records Review" to the chapter on Independent Medical Evaluations.Chapter 16: Added discussion of the impact of the 2017 reform creating credit for temporary disability after 130 weeks.Added reference to 2020-2021 maximum benefit rates throughout.

Virginia Workers' Compensation Case Finder - Fourth Edition

Author : Peter M. Sweeny
Publisher : Juris Publishing, Inc.
Page : 1328 pages
File Size : 54,5 Mb
Release : 2012
Category : Law
ISBN : 9781578233601

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Virginia Workers' Compensation Case Finder - Fourth Edition by Peter M. Sweeny Pdf

The most convenient source for case law, Virginia Workers' Compensation Case Finder is the first and only source to integrate the workers’ compensation opinions of the Virginia Supreme Court, Court of Appeals, and Workers’ Compensation Commission. For ready reference, it carefully summarizes and arranges the decisions under 102 topic headings, covering the most litigious issues in workers’ compensation. The Case Finder is used as a reference tool by the Virginia Workers' Compensation Commission and by workers compensation attorneys and insurance companies throughout the state. (Includes 2013 Supplement)

The California Workers' Compensation Survival Manual

Author : Thomas K. Ledgerwood
Publisher : Unknown
Page : 128 pages
File Size : 51,6 Mb
Release : 2013
Category : Law
ISBN : 1595719229

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The California Workers' Compensation Survival Manual by Thomas K. Ledgerwood Pdf

“Unfortunately, the modern workers' compensation system has become a wilderness of red tape. You need a sober understanding of where you are going, the system's benefits (and where they fall short), how to quickly obtain those benefits, and where else to look for help.” –Attorney Thomas K. Ledgerwood Thomas K. Ledgerwood's compact and clearly organized book, designed to help California residents understand the workers' compensation system, guides readers through decisions such as where to begin when they are injured on the job, whether to consult a lawyer, and how the claim process works.Written in clear language, this book covers the financial and legal aspects of a workers' compensation claim, and answers questions like, “How do I protect myself financially while I am getting the medical treatment I need?” and “What other government programs are available for me?” Thomas K. Ledgerwood has been practicing law in California since 1991. He is a bar-certified specialist in workers' compensation.

Pennsylvania Workers' Compensation Law: the Basics

Author : Daniel Siegel
Publisher : CreateSpace
Page : 414 pages
File Size : 50,8 Mb
Release : 2015-03-15
Category : Electronic
ISBN : 1508886539

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Pennsylvania Workers' Compensation Law: the Basics by Daniel Siegel Pdf

Pennsylvania Workers' Compensation Law: The Basics is a resource for lawyers, employers, injured workers, medical providers, insurance carriers and others who only handle a few workers' compensation cases, or who need an answer to what they believe is a "simple" question. Generally, the questions arise because employers, workers and lawyers do not understand the often unique, and sometimes less than intuitive language of Pennsylvania workers' compensation law. This book outlines the basics in an easy-to-use format, provides practical tips for lawyers about handling these cases, and contains the full text of the Workers' Compensation Act and the applicable regulations.