Deck 8: Appealing a Workers Compensation Award

Question 1

What are federal circuits?

Answer 1

Federal circuits are geographic regions that form the basis of the organization of the federal court system.The 13 federal circuits cover the entire United States and all territories.

Question 2

What grounds does a court consider before deciding to grant certiorari?

Answer 2

State Supreme Courts only grant cert in cases that the court considers to have important legal significance.The parties must demonstrate, when they apply for cert, that the case has broader significance and is important to clear up some critical legal issue.

Question 3

Differentiate between the terms used for the parties in a hearing and on appeal.

Answer 3

The party bringing the appeal is the appellant; the party who won in the lower court is the appellee.Once the case goes up on appeal, the terms claimant and employer are no longer used.

Question 4

Describe the organization of the court system on the state and federal level.

Question 5

Why did the attorneys for the employer seek to reinstate the appeal in this case? According to the court, what was the function of the compromise and release agreement in this case?

Question 6

Compare and contrast an appellate court's decision to either affirm or reverse a lower court decision.

Question 7

What findings did the workers' compensation judge enter about this case after a consideration of the evidence?

Question 8

What is a petition for reconsideration?

Question 9

Explain the various components of an appellate brief.

Question 10

What services did the claimant's wife provide to him after his injury?

Question 11

What is the relationship between courts of appeal and Workers' Compensation Appeals Boards?

Question 12

What is certiorari?

Question 13

Explain how a Workers' Compensation Appeals Board reaches its decision.

Question 14

What is an appellate record?

Question 15

What is a notice of appeal?

Question 16

How are deadlines calculated for purposes of filing motions and appeals in workers' compensation cases?

Question 17

Describe the process of creating a compromise and release of a pending workers' compensation case.

Question 18

What are the injuries claimed by the injured worker in this case?

Question 19

Explain the purpose of the Workers' Compensation Appeals Board.

Question 20

What is appellate jurisdiction?

Question 21

What are some of the critical factors that both employers and employees must consider before offering to settle a case?

Question 22

How would an appellate court go about modifying a lower court decision?

Question 23

The court system on the federal level is organized as a pyramid, with trial courts making up the base, and the U.S.Supreme Court making up the top of the pyramid.

Question 24

Most state Workers' Compensation Boards consist of seven or more people.

Question 25

The name for the award in which the parties have agreed to the full amount of compensation due and filed this agreement, in written form, with the Workers' Compensation Board.

A)Compensated release.
B)Compromise and release.
C)Waiver.
D)Writ.

Question 26

The term that describes the Workers' Compensation Board's authority to hear only specific types of cases.

A)Limited jurisdiction.
B)General jurisdiction.
C)Appellate jurisdiction.
D)Miller jurisdiction.

Question 27

Are there too many levels of appellate review for workers' compensa- tion cases? Explain your answer.

Question 28

What happens in cases where there is a dispute about jurisdiction between Workers' Compensation Board and some other civil court?

A)Civil courts always get precedence over Workers' Compensation Boards.
B)There are never situations when there is a dispute about jurisdiction between Workers' Compensation Boards and civil courts.
C)There is a general preference toward jurisdiction to the Workers' Compensation Board when there is a question about jurisdiction.
D)Workers' Compensation Boards always have precedence over civil courts for all types of actions.

Question 29

In creating a compromise and release form, only the employer is required to sign the document dismissing the case.

Question 30

Why is it important for a paralegal to understand how an appellate brief is created?

Question 31

Employers have strong incentives to settle a case before it goes to a hearing.

Question 32

Many states have either expressly or indirectly discouraged lump sum awards because of the temptation that a sudden influx of money can have for some workers.

Question 33

Most workers' compensation cases are settled before they go to hearings.

Question 34

What makes an administrative judge different from other types of judges?

A)Administrative law judges can create their own rules as the case proceeds.
B)There is no difference between administrative law judges and other types of judges.
C)Administrative law judges handle hearing that are much more informal than typical court cases.
D)Individuals appearing before an administrative law judge have no constitutional protections.

Question 35

Workers' Compensation Boards are permitted to consider appeals from parties once a final determination has been made.What is this type of jurisdiction called?

A)Subsequent jurisdiction.
B)Final jurisdiction.
C)Eventual jurisdiction.
D)Appellate jurisdiction.

Question 36

To affirm a case on appeal is to agree with the decision in the lower court.

Question 37

The appeal of a workers' compensation case is a mirror image of the original hearing, with witnesses testifying and evidence submitted.

Question 38

Unlike filing an original claim, there are no time limits on bringing an appeal of a workers' compensation final decision.

Question 39

What is remand?

Question 40

Certiorari is another term for self-representation.

Question 41

This award gives the employee a one-time payment of the entire balance that he or she has been awarded in a workers' compensation case.

A)Installment payment.
B)Regressive award.
C)Lump sum award.
D)Accord and satisfaction.

Question 42

The power of the Workers' Compensation Board's power to consider issues in a particular case.

A)Venue.
B)Res gestae.
C)Jurisdiction.
D)Subrogation.

Question 43

A panel created by the Workers' Compensation Board to consider contested medical issues.

A)Medical Board.
B)Commutation Board.
C)Requisition Board.
D)Medical Response Board.

Question 44

The power of the U.S.Supreme Court to decide which cases it will hear on appeal.

A)Respondeat superior.
B)Res Ipsa Loquitor.
C)pro se.
D)Certiorari.

Question 45

A determination that the employee is entitled to benefits under state workers' compensation law and the extent of those benefits.

A)Verdict.
B)Sentence.
C)Fine.
D)Award.