accident attorney Workers' Compensation 2 — Questions and Answers
Question 1: An 'independent medical examination' (IME) in a workers' compensation case is most often requested by:
- The injured worker's primary care physician
- The state workers' compensation board
- The employer or insurance carrier to evaluate the extent of injury (Correct answer)
- The worker's attorney to support the claim
Correct answer: The employer or insurance carrier to evaluate the extent of injury
IMEs are typically arranged by the employer or insurer to obtain an independent assessment of the worker's injury and ability to return to work.
Question 2: 'Permanent partial disability' (PPD) benefits are designed to compensate for:
- A temporary impairment that fully resolves after treatment
- A permanent loss of earning capacity or physical impairment that is not total (Correct answer)
- Complete and permanent inability to work in any capacity
- Medical expenses related to permanent injuries only
Correct answer: A permanent loss of earning capacity or physical impairment that is not total
PPD benefits compensate workers who sustain permanent impairments that reduce but do not eliminate their ability to work.
Question 3: A workers' compensation lump sum settlement typically requires:
- Approval by the state workers' compensation agency or a judge (Correct answer)
- Only the signatures of the worker and the employer
- A mandatory 90-day waiting period before becoming final
- Review and approval by the worker's union representative
Correct answer: Approval by the state workers' compensation agency or a judge
Lump sum settlements in workers' compensation generally require approval from a workers' compensation judge or agency to ensure the worker understands the rights being waived.
Question 4: Under workers' compensation law, 'occupational disease' coverage generally applies to:
- Any illness a worker contracts during their lifetime
- Pre-existing conditions unrelated to the workplace
- Diseases or conditions caused by specific employment conditions or exposures (Correct answer)
- Acute traumatic injuries that eventually develop into chronic diseases
Correct answer: Diseases or conditions caused by specific employment conditions or exposures
Occupational disease coverage applies to conditions that develop over time due to workplace exposures, such as asbestosis, silicosis, or carpal tunnel syndrome.
Question 5: The employer or insurer's right to recover workers' compensation benefits paid from a third-party settlement is known as:
- Contribution
- Indemnification
- Subrogation (Correct answer)
- Reimbursement offset
Correct answer: Subrogation
Subrogation allows the employer or insurer to recover amounts paid in workers' compensation benefits from any third-party recovery the injured worker obtains.
Question 6: Which of the following is a recognized defense commonly raised to deny workers' compensation benefits?
- The worker was a full-time employee at the time of injury
- The injury was reported within the required statutory time limit
- The worker was intoxicated at the time of the injury (Correct answer)
- The worker had received prior workers' compensation benefits for a different injury
Correct answer: The worker was intoxicated at the time of the injury
Most states deny or reduce workers' compensation benefits when the worker's own intoxication was the proximate cause of the injury.
Question 7: 'Vocational rehabilitation' benefits in workers' compensation are intended to:
- Compensate workers for permanent disfigurement
- Help injured workers acquire new skills or training to return to gainful employment (Correct answer)
- Provide psychological therapy for workplace trauma
- Cover transportation costs to and from medical appointments
Correct answer: Help injured workers acquire new skills or training to return to gainful employment
Vocational rehabilitation benefits fund job training, education, or retraining programs to help workers who cannot return to their prior positions due to their injury.
accident attorney Workers' Compensation 2
An 'independent medical examination' (IME) in a workers' compensation case is most often requested by: