Writing

Part One – Review Process:

Once an employee has gone through the hearing process and an administrative law judge has issued an award, the employee has the right to file an application for review with the Labor and Industrial Relations Commission within 20 days of the date of the award.

The first appeal from a final award is to the Labor and Industrial Relations Commission. The appeal can be made by filing an Application for Review to the Labor and Industrial Relations Commission. The “Commission” is a three-member panel that reviews the awards of administrative law judges in workers’ compensation cases.

The Commission will ask the court reporter to make a complete transcript of the trial proceedings. The Commission will require that legal briefs be filed. If the Commission agrees completely with the judge’s award, it may adopt the judge’s award as its own. If the Commission disagrees with the judge’s decision, in whole or in part, the Commission will issue a new award.

A second appeal may be requested by any party after a final award by the Commission. This is done by filing a timely Notice of Appeal to the Missouri Court of Appeals. The Court of Appeals does NOT hold a new trial. The Court of Appeals will review the transcript of the trial proceedings before the administrative law judge. The Court of Appeals can only change or reverse the Commission’s award based upon legal issues. The Court of Appeals must accept the Commission’s findings of fact.

There is a possibility of a third appeal in some cases. The Missouri Supreme Court may accept a case for a third appeal. This is extremely rare, and only happens in cases involving significant legal issues.

Part Two – Commission Reviews: https://labor.mo.gov/LIRC/Forms/WC_Decisions

This is the page and URL that you will go to review and pick your two cases for your presentations. When you pick your cases, it would be best if you picked a case that was three or more years old. The reason for this is that those cases are seasoned and less likely to change or be challenged.

Keep in mind when you review your choices that you will be required to explain to the class what arguments were presented for each side, what other cases were used to support their cases, Be capable to explain the final ruling and how the case may impact the field of EHS/HR.

Finally, you will be required to present your cases to the class, (in front of people). Each case will be written up with at least three, (3) typed pages, double spaced. Grammar, sentence structure and works cited will also be assessed. Total possible points are 50.

Part Three – The Rubric Platform:

  1. Case Introduction: background information is provided such as setting, employer(s), and the process or work activity beginning examined. Legal procedural history is mentioned. Information regarding the legal process and why the case was filed. Include the low decisions.
  2. Parties involved are introduced along with background information on each.
  3. Plaintiff and defendant identified.
  4. Arguments were presented for each side.
  5. Other case(s), used as a basis in determining the outcome for your case are identified along with their significant.
  6. Final ruling explained, was the ruling in the favor of the plaintiff or the defendant? A statement of the facts that were used to help the courts make a decision and the court’s justification for the ruling in included.
  7. Statement regarding how this case could be used to decide others and the significance to the EHS professional.
  8. Length requirement fulfilled of three pages, double spaced.
  9. Additional details – your opinion of the case, a statement as to whether you agree with the ruling and any other pertinent information that will help the reader get a good grasp on the issues explored.
  10. Grammar, sentence construction and works cited. Show a linear progression of thought. Grammar and spelling are not distracting. Works cited page is included as a separate sheet along with in-text references.
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