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this problem case should be solved in a IRAC Format 1. Adam Childers worked as a cook at Boston's Gourmet Pizza. While on duty, he
this problem case should be solved in a IRAC Format
1. Adam Childers worked as a cook at Boston's Gourmet Pizza. While on duty, he was struck in the back by a heavy freezer door, seriously injuring his lower back. As a result of the injury, Childers suffered from severe lower back, hip, and leg pain. He was treated with pain medication and physical therapy, but his condition worsened over several months. He wanted to have spinal fusion surgery, but the doctors recommended against it. At the time of the injury, Childers was 25 years old, six feet tall, and weighed approximately 340 pounds. Due to his age and weight, the surgery was extremely risky. Furthermore, Childers's weight ballooned to 380 pounds in the months after his injury because he was depressed and inactive. Though he tried to lose weight by adjusting his diet, he failed. A doctor ultimately recommended that Childers undergo lap band or other weight reduction surgery so that either his resulting weight loss would alleviate his pain symptoms or his lowered body weight would allow him safely to have back fusion surgery. Boston's Gourmet Pizza admitted that Childers's back injury was work- related and did not dispute that treatment for the injury was covered under the applicable workers' compensation law. It argued, though, that it was not obligated to provide the precursor surgery (ie., lap band for weight reduction) that would allow Childers to undergo the treatment for his work-related injury. Rather, the employer asserted that Childers's weight problem was a preexisting condition that relieved it of responsibility for Childers's treatment under the workers' compensation law. Is the employer's argument correct? Issue: What question must be answered in order to reach a conclusion in the case? This should be a legal question which, when answered, gives a result in the particular case. Make it specific (e.g. "Has there been a false imprisonment if the plaintiff was asleep at the time of 'confinement'?') rather than general (e.g. "Will the plaintiff be successful?") You may make it referable to the specific case being briefed (e.g. "Did Miller owe a duty of care to Osco, Inc.?") or which can apply to all cases which present a similar question, (e.g. "Is a duty owed whenever there is an employment relationship?") Most cases present one issue. If there is more than one issue, list all, and analyze all issues raised. Rule: The rule is the law which applies to the issue. It should be stated as a general principal, (e.g. A duty of care is owed whenever the defendant should anticipate that her conduct could create a risk of harm to the plaintiff) not a conclusion to the particular case being briefed, (e.g. "The plaintiff was negligent.") Application: The application is a discussion of how the rule applies to the facts of a particular case. While the issue and rule are normally only one sentence each, the application is normally paragraphs long. It should be written debate - not simply a statement of the conclusion. Whenever possible, present both sides of any issue. Do not begin with your conclusion. The application shows how you are able to reason on paper and is the most difficult (and, on exams, the most important) skill you will learn Conclusion: What was the result of the case? With cases, the text gives you a background of the facts along with the judge's reasoning and conclusion. When you brief cases, you are basically summarizing the judge's opinion. With case problems, the editors have given you a summary of the facts of an actual case, but have not given you the judge's opinion. Your job is to act as the judge in reasoning your way to a ruling, again using the IRAC format Step by Step Solution
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