Transcript of "Fall 2006 closed memo assignment workers' comp. horseplay rule a z doc"
MEMORANDUMTO: Junior Associates A-MFROM: Senior Partner Goering and Senior Associate StrombergRE: Potential representation of Jenny FordhamDATE: September 7, 2006 Yesterday I met with Jenny Fordham, a potential client who suffered a back injury atwork. She has asked us to represent her in pressing a claim against her employer for workerscompensation to cover the medical costs of treating her injury. Because she was able to return towork, she does not seek ongoing workers compensation benefits. Jenny lives in Gladstone, Missouri and works as a payroll accountant at the Proctor &Gamble (P & G) manufacturing facility in Kansas City, Kansas. On November 6, 2005, sheclocked into work at 8:21 a.m. and began waiting for a required morning meeting with otheraccounting staff, scheduled for 8:30. As she was waiting for the meeting to begin, she sat in aconference chair with rollers, her legs extended and her feet propped up on another conferencechair. She was engrossed in solving a sudoku puzzle while she waited for other employees toarrive for the meeting. Before the meeting started and while Ms. Fordham was thus engaged, a fellow employee,Bill Gordon, came up behind her. Gordon was Ms. Fordhams friendly rival in P & Gs voluntarySudoku Singles Club, whose members met at least twice weekly during coffee breaks andoccasionally socialized after hours. Gordon could see that Ms. Fordham was concentrating on theSudoku Singles Challenge Puzzle of the Month. Whoever completed the puzzle first would win a$1,000 purse, contributed by members of the club. To distract her, he playfully took hold of thechairs back and pushed it forward, dumping her off the chair and onto the terrazzo tile floor. Ms.Fordham hit the floor and immediately suffered a low back injury. Ms. Fordham insists she did nothing whatsoever to provoke Gordon to push the chair outfrom under her and dump her on the floor. She did not argue with Gordon before the incident,and she and Gordon had no feelings of ill will toward one another. In fact, they were goodfriends. Before the incident that morning, Ms. Fordham did not email or converse with Mr.Gordon or communicate with him in any other way. In fact, she did not even know he wasapproaching until she found herself sitting on the floor of the conference room. As a result of the incident, Ms. Fordham suffered a low back injury. After medicaltreatment she was able to return to her accounting position, but her low back remainssymptomatic. To control continuing low back pain, she wears a TENS unit during waking hours,and she continues to require physical therapy and medical treatment to monitor her condition.Work disability is not an issue; Ms. Fordham just wants to know whether Proctor & Gamblemust pay her ongoing medical costs under its mandatory workers compensation coverage. The facts are not in dispute. After reviewing the attached legal authorities, please write ashort office memo addressing the issue of law using the appropriate legal terms. I have attachedthe relevant statute and all the other materials you will need; please limit your research to these
materials and do not look up any other legal authority or background information. However, youmay consult a law dictionary to ensure you understand any unfamiliar terms. Your memo should follow the standard format for office memoranda discussed in theEdwards text, including the appropriate headings. Please use 12-point Times New Roman fontand 1.25-inch margins on all four sides, and please double-space your memo. Your completedmemo should be approximately 5-7 pages in length. I will not read past the end of the seventhpage, so be sure you include all required memo components within that overall page limit. A draft of your memo, including at minimum the Question Presented, Brief Answer,Facts, an outline of your Discussion, and Conclusion, is due no later than Thursday,September 14, at 5:00 p.m. The final memo, which will be graded, is due on or beforeThursday, September 21, at 5:00 p.m. In preparing your office memo, please cite case authority consistent with the ALWDcitation manual. For statutes, please use the following format: Kan. Stat. Ann. § xx-xxx (2006).While I expect you to make a reasonable effort to accurately cite your authorities, the preciseform of your citations will not affect your grade on this assignment. You are expected todemonstrate that you know when you should cite authority to support a statement in your memo.You may discuss the research materials and your analysis with other students who are workingon the same closed memo assignment. However, you may not discuss the assignment or any ofthe materials with anyone else - including other law students, your parents, your lawyer, yourroommate, or your significant other. In addition, you may not show your written work to anyone,including your classmates in this course. Writing, revising, editing, and proofreading of yourmemo must be done by you alone. Any departure from these requirements will be considered aviolation of the Washburn School of Law Honor Code and handled accordingly.