Deck 2: Compensation and Tort Law in Workers Compensation

Question 1

What is continuation of pay?

Answer 1

Continuation of pay is the federal version of temporary and permanent benefits available under various state systems.Under the federal system, an employee is entitled to receive his or her regular pay for 45 days because of disability or medical treatment.

Question 2

For whom did Stuto work?

Answer 2

Stuto was a mailhandler for the U.S.Postal Service.

Question 3

Injured workers do not waive their rights to bring intentional tort actions.What does this mean?

Answer 3

Although workers in the workers' compensation system cannot bring civil suits against their employers for on-the-job injuries, this prohibition does not apply to intentional wrongdoing by employers or other employees.When they engage in intentional physical attacks, that is not considered a workers' compensation claim, and therefore, the injured worker can bring a civil suit.

Question 4

According to the court, are disability benefits a property right?

Question 5

How does Medicaid compare to Medicare?

Question 6

How does the federal workers' compensation system award temporary benefits?

Question 7

When was the federal workers' compensation system created?

Question 8

How would a product liability lawsuit be brought by an injured worker?

Question 9

What social pressures were brought to bear in the creation of the
Federal Employees' Compensation Act (FECA)?

Question 10

Explain the basis of Stuto's claim for intentional infliction of emotional distress.

Question 11

What is the Federal Black Lung Program?

Question 12

Can an injured employee sue a coworker? Explain your answer.

Question 13

Explain the development of Social Security.

Question 14

What is Social Security Disability Insurance?

Question 15

What is a Form CA-1?

Question 16

What did the doctors of the Department of Labor determine about
Stuto's condition?

Question 17

What does it mean when an employer controverts continuation of pay?

Question 18

Explain the function of Medicare.

Question 19

Does the Federal Employees' Compensation Act provide criminal sanc- tions? Explain.

Question 20

What are examples of other federal programs that provide coverage for individuals who are injured?

Question 21

When an employee could sue under negligence theory for injuries received on the job, an employer could claim that the employee assumed the risk by taking the job.

Question 22

What agency is responsible for four coordinating benefits a person receives on the state and federal level?

Question 23

Name the federal act that creates the federal workers' compensation system.

A)The Federal Workers' Compensation System Act.
B)The Federal Employee's Compensation Act.
C)The Federal Action Against Wasteful Management Act.
D)The Stringer Act.

Question 24

The Federal Employees' Compensation Act was not enacted until the 1930s.

Question 25

All state and federal employees qualify under FECA.

Question 26

In this chapter's case excerpt, was the injured employee successful in his claim concerning the intentional tort of infliction of emotional distress? Why or why not?

Question 27

What benefits can an injured federal employee expect to receive during the first 45 days following the injury or illness?

A)The same salary he or she would have received if the employee had remained on the job.
B)Two thirds of the normal salary.
C)One half of the normal salary.
D)One quarter of the normal salary.

Question 28

Strains and sprains are the most common type of on-the-job injury.

Question 29

Which of the following statements is true about the federal workers' compensation program compared to the state programs?

A)The federal program is much more conservative than the state program.
B)The federal program is much more liberal than the state program.
C)The federal program and state programs are the same.
D)There are no state workers' compensation programs; there is only the federal workers' compensation program.

Question 30

Product liability is authorized under state and federal workers'
compensation statutes.

Question 31

Negligence law gives injured workers much better options than do state or federally based workers' compensation programs.

Question 32

Can paralegals represent individuals in Medicare and Medicaid hear- ings? Explain.

Question 33

This act covers maritime workers injured or killed on the navigable waters of the United States.

A)The Federal Employers Compensation Act.
B)The Black Lung Act.
C)The Longshore and Harbor Workers' Compensation Act.
D)The Teamsters Act.

Question 34

There are no federally based workers' compensation programs.

Question 35

Medicaid and Medicare are the same program.

Question 36

Social Security was enacted in 1916, along with the federal workers' compensation system.

Question 37

A worker must go through the workers' compensation system, when he or she is the victim of an intentional tort by the employer.

Question 38

How does a person qualify for Medicaid?

Question 39

Give an example of Medicaid fraud.

Question 40

Why would any employee want to litigate a claim for injury outside the workers' compensation system?

A)Because the potential for recovery is much lower than that he or she would receive in the workers' compensation system.
B)Because the potential amount the injured worker would receive is much higher than he or she would receive to the workers' compensation system.
C)Because a judge would hear the employee's claim if it were taken outside the workers' compensation system, but a jury would hear it if it remained within the workers' compensation system.
D)There are no reasons why an employee would wish to take a workers' compensation claim outside of the workers' compensation system.

Question 41

What is the function of the Centers for Medicare & Medicaid Services?

Question 42

What social pressures were brought to bear in the creation of the
Federal Employees' Compensation Act?

Question 43

A defense in negligence cases that shows that the plaintiff was aware of the dangers inherent in a specific activity and chose to carry out the action in full knowledge of these dangers: .

Question 44

How long is an employee entitled to receive COP?

A)45 calendar days.
B)60 calendar days.
C)75 calendar days.
D)180 calendar days.

Question 45

What are some of the defenses available to employers when employees bring civil suits for injuries?

Question 46

A wrong for which the law provides a remedy: .

Question 47

What form must be used in order to file a federal workers' compensation claim?

A)W-2
B)1099
C)CA-1
D)HUD form 1

Question 48

A negligence action consists of the following elements: Duty,
, Causation, and Damages.

Question 49

Which of the following is not an element of a negligence action?

A)Psychological injury
B)Duty
C)Breach
D)Causation

Question 50

What are the four elements of a negligence claim?

Question 51

COP refers to: .

Question 52

A nonlawyer who is authorized to represent clients in Medicaid and Medicare hearings: .

Question 53

A legal theory for a cause of action against a manufacturer or seller of a product that causes injury to a person; liability is not based on fault.

A)Warranty
B)Product liability
C)Doctrine of Laches
D)Doctrine of Caveat Emptor

Question 54

Explain the difference between Medicaid and Medicare.

Question 55

A defense in negligence cases that shows that the plaintiff was aware of the dangers inherent in a specific activity and chose to carry out the action in full knowledge of these dangers.

A)Inherent danger
B)Waiver
C)Assumption of the risk
D)None of the above