worker-comp-law_W1_A2

Week 1 Project: Case Analysis:  Explorer Air v. Pat Greene

There is often a dispute between employers and employees as to the work relationship between the two. The determination of whether an employee is truly an employee, and which employer might be responsible, are normal challenges in a workers’ compensation claim.

As a paralegal, ask yourself the following questions:

• Why would a volunteer be considered an employee under workers’ compensation?
• Is there a difference to the employee as to the designation between being an employee and being an independent contractor?

Week 1 Tasks

Pat Greene, a schoolteacher in Stanford, Illinois, was selected to fly a space mission with Explorer Air, a corporation incorporated in the State of Illinois. On their way back into the atmosphere, a part of the shuttle broke off, and two of the astronauts were killed. Pat was not physically injured. However, upon his return home, he started experiencing severe sleep disturbances, nightmares, and flashbacks.

In the classroom, students complained that Pat would “zone out” and lose his place in lectures and classroom activities. Sometimes in the classroom, he experienced uncontrollable mood swings from anger to sobbing. The school sent him for a psychological evaluation. The psychologist diagnosed post-traumatic stress disorder and suggested antidepressants and talk therapy. Pat has been off work now for a month and has been unable to return.

Your attorney asks you to write up an analysis on the matter. Be sure to include a discussion about whether or not Pat Greene is entitled to workers’ compensation during his leave of absence. Research the Internet to determine if there is any tort or precedent that supports his case. If so discuss how Pat Greene can file and claim for compensation and medical expenses.

Without considering whether or not Pat is eligible for workers’ compensation at this point, answer the following questions:

• What benefits might be available to Pat? State your reasons.
• Cite examples to support your answer.

Provide your answer as an internal memorandum to your attorney with supporting documentation in a Microsoft Word document.

Click here to download the template for drafting the memorandum.

• On a separate page, cite all sources using the Bluebook format.