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Module 8 Chap 15
Workers Comp
| Question | Answer |
|---|---|
| Name the two kinds of statutes under worker's compensation | 1. Federal compensation laws 2. State compensation laws |
| An unexpected, unintended event that occurs at a particular time and place causing injury to a person not of his/her own making is called what? | accident |
| EE works in factory and inhales fumes that cause bronchitis. Since this condition is related to the EE's employment it is called what? | industrial illness |
| Name the federal workers' compensation acts that cover workers | 1. Workman's compensation law of D.C. 2. Federal Coal Mine Health and Safety Act - black lung act 3. Federal Employees Compensation Act (FECA) 4. Longshoreman's and Harbor WC Act |
| state compensation laws that require each employer to accept its provisions and provide for specialized benefits for employees who are injured at work are called what? | compulsory laws |
| State compensation laws that may be accepted or rejected by the employer are known as what? | elective laws |
| Name five methods used for funding workers' compensation | 1. monopolistic state and provincial 2. territorial 3. self-insured 4. competitive state 5. private insurance |
| Who pays the workers' compensation insurance premiums? | employer |
| What is the time limit in CA for submitting the employers' and/or physicians' report on an industrial accident? | 1 day; immediately if death |
| When an EE with preexisting condition is injured at work and the injury produces a disability greater than what would have been caused by the second injury alone, the benefits are derived from what? | second or subsequent injury fund |
| Name jobs that may not be covered by WC? | domestic workers laborers babysitters newspaper vendors or distributors charity workers gardeners |
| What is the minimum number of EE's per business needed in CA for WC statutes to become effective? | one |
| What waiting period must elapse in CA before WC payments begin? | 3 days |
| List five types of WC benefits | 1. medical treatment 2. temporary disability indemnity 3. permanent disability indemnity 4. death benefits for survivors 5. rehabilitation benefits |
| Who can treat an industrial injury? | medical doctor osteopath dentist chiropractor |
| what are 3 types of WC claims and the differences among them? | 1. nondisability claim -minimal injury not off work 2. temporary disability - work related injury and person unable to perform duties for certain period of time 3. permanent disability - damage due injury or illness is permanent-fullest extent recovered |
| Weekly temporary disability payments are based on what? | a percentage of the employee's earnings |
| form of therapy in which patient is given real work tasks for building strength and endurance is called what? | work hardening |
| when an industrial case reaches the time for rating the disability, this is accomplished by what state agency? | states industrial accident commission or workers' compensation board |
| Can an injured person appeal their case if not happy with the rating? | Yes |
| To whom does one appeal to on an industrial claim? | WC Appeals Board or industrial accident commision |
| when fraud or abuse is suspected in a WC case, the physician should report the situation to how? | insurance carrier |
| Explain third-party subrogation | a transfer of the claims and rights from the original creditor (WC carrier) to the third-party liability carrier |
| when a person suffers a work-related injury or illness, the employer must complete and send what form? | employers report of occupational injury or illness form |
| to whom does the employer send the first report? | to the insurance company and WC state offices |
| When employee is sent to a physician's office for medical care, the employer must complete a form called what? | medical service order |
| what does a medical service order do? | authorizes a physician to treat the employee |
| employers are required to meet health and safety standards for their employees under federal and state statutes known as what? | OSHA |
| The process of carrying on a lawsuit is called what? | litigation |
| a proceeding during which an attorney questions a witness who answers under oath but not in open court is called what? | deposition |
| the legal promise of a patient to satisfy a debt to the physician from proceeds received from a litigated case is termed what? | lien |
| when a physician treats an industrial injury, he or she must complete a first treatment medical report or doctor's first report of occupational injury or illness and send it to who? | 1. insurance carrier 2. employer 3. state workers' compensation office |
| true or false: the first thin an employee should do after being injured on the job is to notify the employer or immediate supervisor | true |
| true or false: a roofer takes his girlfriend to roofing job and she is injured. She is covered under WC insurance. | false |
| true or false: a stamped physician's signature is acceptable on the doctor's first report of occupational injury or illness form | false |
| true or false: in a WC case, bills should be submitted monthly or at the time of termination of treatment, and a claim becomes delinquent after a time from of 45 days | true |
| true or false: if a person seeks medical care for a WC injury from another state, the state's regulations are followed in which the injured person's claim was originally filed | true |
| true or false: when a patient arrives at a medical office and says they were hurt at work, you should verify insurance information with the benefits coordinator for the employer | true |