Term
An employee fainting at work due to low blood pressure and falling and tearing her rotator cuff is an example of ______________.
Select one:
a. Actual Risk Test
b. Risk Personal to That Employee
c. Mixed Risk
d. Special Errand Trips |
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Definition
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Term
If a taxicab driver ran into a paralegal while she was going to the courthouse to file documents, the taxicab driver would receive workers' compensation and the paralegal would not qualify. What test is being used to make this determination?
Select one:
a. Positional Risk Test
b. Neutral Risk
c. Increased Risk Test
d. Actual Risk Test |
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Definition
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Term
____________________ is the crux of a workers' compensation case.
Select one:
a. how the worker was injured
b. how badly the injured worker was injured
c. how much damage the attorney can allege due to the injuries the worker sustained
d. whether the employer was negligent and liable |
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Definition
| a. how the worker was injured |
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Term
_______________ is the inability to earn wages after and because of suffering a compensable accident or occupational disease.
Select one or more:
a. Temporary total disability
b. Total disability
c. Partial disability
d. scheduled injury |
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Definition
a. Temporary total disability
b. Total disability |
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Term
The _______________________ is an injury by accident that occurs while an employee travels to or from work is not compensable if it occurs off the employer's premises, but is compensable if it occurs on the employer's premises.
Select one:
a. Special Errand Trips
b. Dual Purpose Trips
c. Going and Coming Rule
d. Rules Focusing on Activity |
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Definition
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Term
The ________________ was the first system of compensation not based on negligence.
Select one:
a. German Compensation Act of 1884
b. German Compensation Act of 1994
c. Georgia Act of 1855
d. Georgia Act of 1845 |
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Definition
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Term
In exchange for receiving workers' compensation benefits for injuries received on the job, the employees gave up their right to bring a ______________ against the employer which could potentially result in a larger monetary award, inclusive of pain and suffering and punitive damages.
Select one:
a. criminal tort action
b. criminal action
c. tort action
d. all of the above |
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Definition
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Term
The term ___________________ refers to the origin of the accident or the causal connection between the accidental injury and the employment.
Select one:
a. incident
b. accident
c. arising out of
d. in the course of employment |
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Definition
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Term
To qualify for workers' compensation, the elements of injury must include:
Select one or more:
a. the incident
b. the accident
c. arising out of
d. in the course of employment |
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Definition
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Term
If an employer terminates an employee for simply completing and filing a workers' compensation form, it is an example of _________________________.
Select one:
a. discrimination
b. retaliatory discharge
c. bad faith action
d. none of the above |
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Definition
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Term
What is an additional key issue the paralegal wants to determine if the injured worker has already filed a claim?
Select one or more:
a. whether the statute of limitations has run
b. whether the carrier/administration has accepted liability for the injury
c. the reason for denial of benefits by the carrier/administration
d. determine the date the injured worker last received an indemnity check or medical treatment was paid. |
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Definition
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Term
The ________________ requires that the employment place the worker at risk of injury. The risk need not be greater than that to which the public is exposed.
Select one:
a. mixed risk
b. Going and Coming Rule
c. Actual Risk Test
d. Risk Personal to That Employee |
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Definition
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Term
The term ________ generally refers to the an unanticipated, unexpected, unforeseen event, not expected or designed by the person who suffers the injury.
Select one:
a. accident
b. arising out of
c. incident
d. course of employment |
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Definition
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Term
__________________ is a legislative determination that the loss of, or the permanent impairment to, a body part will cause the injured employee to suffer a wage loss for a specific number of weeks. The legislature assigns the number of weeks of lost wages that each body part is worth.
Select one:
a. temporary total disability
b. total disability
c. partial disability
d. a scheduled injury |
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Definition
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Term
Between 1911 and 1948, fault or negligence was eliminated as a basis for determining whether an employee could recover from injuries suffered at work. Under the new acts, the test to determine if the employee could recover from the employer was based on _________________________.
Select one:
a. whether the employer had workers' compensation insurance
b. whether the accident was connected to the employment
c. whether another party was responsible for the injury
d. all of the above
e. none of the above |
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Definition
| b. whether the accident was connected to the employment |
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Term
In the _________________, the court ordered the employer to construct an apartment that would allow a single 25-year old quadriplegic to live independently.
Select one:
a. Squeal v. Comfort Control Corp
b. Squeo v. Comfort Control Corp
c. Squeo v. Comfort Inn Suites
d. None of the above |
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Definition
| b. Squeo v. Comfort Control Corp |
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Term
| When an attorney is deciding whether to accept a case, what factors may (s)he use in making a decision? Select one or more: a. does the claim appear to be legally viable? b. Is the worker someone the firm staff will enjoy working with? c. Will the case require the firm to expend significant resources? d. determine whether the client or the employer was at fault |
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Definition
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Term
_________________ is the inability to earn the same wages, after and because of suffering a compensable accident of occupational disease that the employee was earning prior to suffering a compensable event.
Select one:
a. temporary total disability
b. total disability
c. partial disability
d. scheduled injury |
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Definition
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Term
The term _____________ refers to the time, place and circumstance in which the accident occurred.
Select one:
a. the incident
b. the accident
c. arising out of
d. in the course of employment |
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Definition
| d. in the course of employment |
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Term
Once the firm has agreed to accept the injured worker's case, letters of representation should be forwarded to whom?
Select one or more:
a. to the client
b. to the carrier/administrator
c. the state agency
d. none of the above |
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Definition
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Term
The rule that states that an injury during a trip that combines business and personal purposes fall within the course of employment, if the trip is taken to perform a service for the employer is the ____________________ rule.
Select one:
a. Special Errand Trip
b. Dual Purpose Trips
c. Rules Focusing on Activity
d. Traveling Employees |
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Definition
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Term
In the late 1800's and early 1900's, President Roosevelt urged Congress to pass the _____________________ which was the first successful worker's compensation act in the United States.
Select one:
a. Federal State Employees Liability Act
b. Federal Employees Liability Act
c. Federal Employer's Liability Act
d. Maryland State Worker's Compensation Act |
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Definition
| c. Federal Employer's Liability Act |
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Term
During the _____________________ reforms were introduced that regulated child labor and sweatshops, work-related health hazards, and improved working conditions.
Select one:
a. Progress Era
b. Industrial Revolution
c. Great Depression
d. The Period of Enlightenment |
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Definition
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Term
The German Compensation Act was composed of:
Select one:
a. The Sickness Fund
b. The Accident Fund
c. The Disability Fund
d. All of the above
e. A & B only |
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Definition
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Term
Pursuant to federal law, medical providers cannot release confidential patient information without having a ____________________ signed by the patient.
Select one:
a. HIPAA compliant medical authorization
b. HIIPA compliant medical authorization
c. HIPPAA compliant medical authorization
d. HIPPA compliant medical authorization |
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Definition
| HIPAA compliant medical authorization |
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