A/N: Last night, truthseekr's BiF ("Best internet Friend") Poa wanted to know why she hadn't been writing Chuck fanfic (particularly Chuck v. The Burning Man) for the last couple of weeks. With a sigh, the truthseekr explained, "Oh, I've been writing Chuck fiction alright, just not exactly what would be posted on fanfic . net ." "Well, whatever it is you should post it. I can't wait to hear about it," she responded enthusiastically. "Okay?" The truthseekr responded with a weak grin and continued, ". . .all I can tell you is it's what happens when your avocation smashes into your vocation."
So those of you with a Chuck avocation who are considering the law as a bona-fide vocation, if you don't have a legal Intersect in your head, the next best thing might be Professor Truthseekr's Spring 2010 course. Until then, here's this year's Final Exam for you to analyze as you continue in your Chuck studies.
WORKER'S COMPENSATION
FINAL EXAMINATION
April 29, 2009 1:30 p.m. – 3:30 p.m.
FACTS
Chuck Bartowski worked at Buy More, Inc.--an electronics superstore in Burbank, CA. Due to years of typing as a certified computer technician he developed carpal tunnel syndrome in his right wrist. On March 12, 2007, because of pain that occurred whenever he typed there, Chuck wrote a letter to his boss, Big Mike, which stated, "due to pain in my wrist that you have ignored and failed to accommodate, I cannot continue in this job and thus, I consider you to have constructively terminated my employment effective March 26, 2007."
Big Mike had already made travel arrangements on Oceanic Airlines 815 for Chuck and another employee, John Casey, to attend the 2007 Biomedical Conference [here] at the Magic City Convention Center on April 26-30, 2007. While there, Chuck was to promote the store's on-line sales of laptop computers with digital medical records software (all billed to help medical professionals wage war against swine flu, bird flu, and even frog flu—who knew?). In order to get Chuck to go to the conference, Big Mike told Chuck all about the excellent medical care available for wrist injuries there. Chuck agreed to attend the conference and work the Buy More display with John Casey as "one last job". While they were at the conference demonstrating the new R7 laptop, they were both required to wear their Buy More uniforms and name badges.
Before Chuck left, Big Mike handed him an "Employment Application" but scratched out the word "Employment" and wrote "Contractor" over the top of that word. After the plane touched down [near the convention center], Chuck signed the application and made his way off the plane. In the rush to get off the plane, Chuck accidentally ran into Casey (who was exiting the plane's little boys' room). Due in part to a defect in the lavatory door's latch, Casey's hand was crushed and required immediate medical attention. Per Buy More policy, Chuck immediately reported Casey's injury to Big Mike and was told to take him to the Shelby County Memorial Hospital ("SCMH") emergency room where he was treated by Dr. Strangelove (who taught Casey a thing or two about bombs while examining him). After getting a cast on his hand, Casey went with Chuck to the convention center.
On April 30, 2007, while still at the conference Chuck received an emergency request for assistance with an off-site install of one of the R7 laptops at SCMH. When he arrived he noticed that there was a bomb wired to the computer. Although disarming bombs was not normally part of his job, Chuck moonlighted as a CIA analyst (unbeknownst to Buy More). Due to his CIA skills, Chuck was able to disarm the bomb by overloading the laptop with inappropriate adult content (i.e. porn from the Irene Demova website).
That afternoon, Chuck called the Buy More's Assistant Manager Emmett Milbarge. Chuck told Emmett, "I'm at the hospital. I'm done working for you, no more fixing computers, it hurts too much and it's too stressful." Emmett responded, "You can't quit on me. You're fired!"
Due to the mental stress and physical strain of the experience the pain that was once in Chuck's wrist gravitated to his right shoulder. After the ordeal, Chuck went directly to the emergency room. Since then he has been treated by Dr. House for his prior carpal tunnel in his wrist (that he sustained at the Buy More) and a rotator cuff tear in his shoulder. During a complication in surgery, Dr. House (who had always been out to get Chuck) left a bandage inside Chuck's right arm rending his middle finger in a permanently extended position. Dr. Freud treated Chuck for post-traumatic stress disorder ("PTSD") but unfortunately the doctor spent a lot of time talking to Chuck about Chuck's mother and not the circumstances surrounding the bomb incident.
As it turned out, a terrorist wasn't responsible for the SCMH bomb. Instead, Casey (inspired by Dr. Strangelove's 'Big Bang Theory') wired the bomb out of spite due to Chuck's carelessness in breaking his hand. While planting the bomb, Casey inhaled some of the C4 powder which has now caused him to develop restrictive airways syndrome.
After the ordeal, Casey was fired and only the 'Dancing with the Stars' studio would hire him. When he recently stepped in the studio bathroom, he lost his breath when he inhaled the smell combination of hair gel, urinal cakes, ammonia, and Lysol. Of course, the cigars that he regularly smokes to help him feel manly in this sea of estrogen do not help his pulmonary condition.
Chuck's last injurious exposure for his carpal tunnel syndrome was his last date of work at the Buy More. For his other injuries consider the events at SCMC as his date of his accident.
Dr. House released Chuck to return to work full duty with a medical impairment rating of 100% to the middle finger; 20% to the arm, 10% to his body as a whole. Dr. Freud gave him 90% to his body as a whole due to his mental impairment. Dr. House also gave Chuck 30% to the right hand due to his carpal tunnel injury that he previously sustained at the Burbank Buy More.
While Chuck worked at the Burbank Buy More he made $12.50/hour (assume a 40 hour work week). His pay included health, life, and disability insurance which was discontinued after he no longer worked there. The value of this benefit was $120/week.
Buy More listed Chuck as a "contractor" during the week he worked at the MCCC (when he sustained his shoulder, finger, and mental injury). He was not eligible for any benefits and was sent one check in the amount of $1200.
Chuck is 28 years old.
SECTION I
Chuck came by your office and asked you to analyze both his and Casey's claims and any defenses which may be applicable.
SECTION II (Choose Part A or B)
Part A
1. Draft a Complaint on behalf of Chuck to be filed in a Circuit Court of [this state].
2. Explain the claims you asserted. If there are any additional claims that could be brought elsewhere that you did not include, explain why.
Part B
You represent Buy More and have mediation scheduled on August 17, 2009. Buy More has not paid Chuck any benefits. Calculate the potential benefits available to him.
Note:Assume an attorney's fee of 15%.
[So what grade would Professor Truthseekr earn for turning her avocation into a vocation? Will her class enrollment in Spring 2010 include a few of you green shirts from the land of BuyMoria?]