Deck 5: Benefits Under Workers Compensation

Question 1

Can a worker waive his or her right to medical benefits? Explain.

Answer 1

Workers can waive their right to receive medical benefits, but this waiver cannot be a condition of employment.

Question 2

What is the usual compensation rate for temporary total disability?

Answer 2

When an employee qualifies for temporary total disability, most states make a weekly award that is 66% of the employee's gross income for as long as the period of temporary total disability lasts.

Question 3

What types of medical professionals can assist a worker who is covered under workers' compensation?

Answer 3

There are numerous medical professionals who are authorized to provide worker, including nurses, chiropractors, audiologists, and many other medical professionals.

Question 4

What is the "healing period?"

Question 5

If Ranny had been the illegitimate daughter of Stone, she would be entitled to receive benefits, but not as his live-in lover.How does the court reconcile those two situations?

Question 6

Why does Ranny claim that she qualifies as Stone's widow?

Question 7

Ranny argues that the concept of "family" has changed in recent decades.How does the court respond to that argument?

Question 8

What is expressio unius est exclusio alterius and what relationship does it have to the issues raised in this case?

Question 9

Can a workers' compensation benefit payment take into account the employee's pain and suffering? Explain your answer.

Question 10

Explain temporary partial disability.

Question 11

What is the distinguishing characteristic between temporary partial disability and temporary total disability?

Question 12

What medical benefits are available under workers' compensation?

Question 13

What was the relationship between Sharon Ranny and Gary Stone?

Question 14

What types of physical rehabilitation may an injured worker receive?

Question 15

What are "hedonic" damages?

Question 16

What are lump sum payments?

Question 17

Is a preexisting injury compensable under workers' compensation law?
Why or why not?

Question 18

How do workers' compensation statutes define earning capacity?

Question 19

May an injured worker receive workers' compensation benefits for facial disfigurement? When would such an award be authorized?

Question 20

What are workers' compensation schedules?

Question 21

Employee who provides false information to an employer may have workers' compensation benefits denied.

Question 22

Employers can make waiver of medical services a condition of employment.

Question 23

Severe burns, paralysis, or amputations can all qualify as a catastrophic claim.

Question 24

The goal of case management is to deny workers their benefits.

Question 25

What significance does an employee's false statements on the job appli- cation or resume has on potential workers' compensation benefits?

A)They have no bearing.
B)Any false statements will result in a denial of benefits.
C)False statements that satisfy three-part test greeted by the courts will result in a denial of benefits.
D)False statements about the employee's skills and training will result in a denial of benefits.

Question 26

Although an injured worker can receive medical treatment, he or she is not entitled to the services of a specialist.

Question 27

Under what circumstances may an injured employee have his or her benefits denied?

Question 28

What is vocational rehabilitation?

Question 29

The workers' compensation system was originally envisioned as a safety net for injured workers.Does that premise still apply? Do workers now view the system as something more? Explain your answer.

Question 30

What is the schedule amount in your state for total temporary disability?

Question 31

Does your state allow workers' compensation awards to nonmarried couples?

Question 32

Explain workers' compensation death benefits.

Question 33

Under worker's compensation schedules, which of the following fingers is considered to be the most "valuable?"

A)Thumb
B)First finger
C)Second finger
D)Fourth, or little finger

Question 34

Does the rationale for awarding death benefits to widows/widowers change when the deceased worker has a life partner, but not a legally recognized spouse? Should nonmarried partners be allowed to collect the same benefit? Why or why not?

Question 35

Which of the following is the correct definition of partial disability in workers' compensation law?

A)A person who is unable to do any type of gainful employment.
B)A person who is unable to function in society.
C)A person who is able to work, even with a disability.
D)A person who feels that he or she is unable to perform at his best.

Question 36

Employees who refuse medical treatment may be denied workers' compensation benefits.

Question 37

All states have workers' compensation systems that provide medical treatment for injured workers.

Question 38

Injured workers are not entitled to receive reimbursement for travel expenses to receive medical services.

Question 39

Preexisting injuries are never compensable under workers'
compensation law.

Question 40

In some states, illegal aliens are entitled to receive workers'
compensation benefits.

Question 41

What are the calculations involved in determining an employee's earning capacity?

A)The difference between the employee's income before the injury and his or her income after the injury.
B)There are no calculations involved in determining employee's earning capacity; all injured employees are paid the same under workers' compensation benefits.
C)The difference between the employee's gross income and net income.
D)The difference between the employee's pay when compared to similarly situated employees.

Question 42

A work-related injury that leaves a worker with a permanent condition that will not resolve itself over time: .

Question 43

A listing of specific actions or bodily losses and a corresponding monetary award for each: .

Question 44

The time during which an injured employee can recover from an accident or illness and receive workers' compensation benefits: .

Question 45

The term that is used to describe the time that an injured employee needs to recover from an injury or illness, during which he or she will receive temporary disability payments.

A)Recovery portion.
B)Healing period.
C)Quo Warranto period.
D)Total disability.

Question 46

Can a workers' compensation benefit payment take into account the employee's pain and suffering? Explain your answer.

Question 47

When an employee disagrees with a recommended course of treatment, what can the employer do?

A)Refuse to pay for any medical treatments.
B)Pay for the treatments the employer believes should have been given.
C)Either pay for the treatment or provide a reasonable alternative.
D)The employer is barred from taking any action.

Question 48

What is the result when the Workers' Compensation Board determines that an employee has unreasonably refused medical treatment?

A)There is no result; there is no change in the workers' compensation benefits received by the employee.
B)The employee can be forced, by court order, to undergo the procedure.
C)The employee's benefits may be terminated.
D)The employee may be prosecuted for criminal activity.

Question 49

If an employer pays for a diagnostic service and it turns out that the workers' injury is not job related, what is the rule about paying for the service?

A)The employer is not required to pay for the service.
B)The employee must pay for the service and then wait for determination about whether or not the injury is job related.
C)The employer is required to pay for the service.
D)Workers' compensation benefits do not provide for diagnostic services.

Question 50

When is an employer obligated to pay for an employee's diagnostic services?

A)Whenever they are reasonably necessary.
B)When the injury turns out to be job-related.
C)When the employer gives approval for the diagnostic service.
D)The employer doesn't have to pay for the diagnostic services.

Question 51

Which of the following false statements will result in a denial in compensation benefits?

A)False statements about the employee's immigration status.
B)False statements about the employee's age.
C)False statements about employee's education level.
D)False statements about employee's physical condition.

Question 52

Explain the medical benefits available under workers' compensation systems.

Question 53

May an injured worker receive workers' compensation benefits for facial disfigurement? When would such an award be authorized?

Question 54

A condition where an injured employee is unable to perform his or her previous job, but may be able to carry out more limited duties:
.

Question 55

Discuss the role of workers' compensation schedules in determining compensation amounts.

Question 56

The workers' compensation system was originally envisioned as a safety net for injured workers.Does that premise still apply? Is such a system still required? Should it be expanded or reduced?

Question 57

When a worker receives an injury or suffers from a work-related illness that leaves him or her unable to perform any type of meaningful work:
.