Question 1

How does workers' compensation handle preexisting injuries or diseases?

Accepted Answer

Preexisting injuries or diseases are not covered by workers' compensation, but their aggravation due to the employment is covered.

Question 2

List five tests used by different courts to determine whether an injury arose out of the employment.

Accepted Answer

increased-risk test, peculiar-risk test, positional-risk test, proximate-cause test, and actual-risk test

Question 3

Distinguish between arising out of employment and in the course of employment.

Accepted Answer

Arising out of employment refers to the causal connection between the injury and the employment; in the course of employment refers to the time, place, and circumstances of the injury in connection with the employment.

Question 4

Before the adoption of workers' compensation, what three defenses often defeated tort claims brought by employees against their employers for on-the-job injuries?

Accepted Answer

contributory neglige

Question 5

An employee who is injured during horseplay ________

Accepted Answer

A)  is denied workers' compensation despite the involvement in horseplay unless the horseplay was "off the premises" 
B)  is denied workers' compensation because of the involvement in horseplay unless the horseplay was a minor departure from the normal workday 
C)  is denied workers' compensation because of the involvement in horseplay unless the horseplay was a major departure from the normal workday 
A)  is denied workers' compensation despite the involvement in horseplay unless the horseplay was "off the premises" 
B)  is denied workers' compensation because of the involvement in horseplay unless the horseplay was a minor departure from the normal workday 
C)  is denied workers' compensation because of the involvement in horseplay unless the horseplay was a major departure from the normal workday

Question 6

Explain the increased-risk test.

Accepted Answer

The question is whether the ri

Question 7

When is an employee injured during horseplay covered by workers' compensation?

Accepted Answer

when the employee is the innoc

Question 8

When does an employee's misconduct disqualify him or her from receiving workers' compensation ________?

Accepted Answer

A)  when the misconduct is "off the premises" 
B)  when the misconduct does not involve the use of a safety device 
C)  when the misconduct is a willful failure to use a safety device 
D)  when the misconduct is due to carelessness 
A)  when the misconduct is "off the premises" 
B)  when the misconduct does not involve the use of a safety device 
C)  when the misconduct is a willful failure to use a safety device 
D)  when the misconduct is due to carelessness

Question 9

Workers' compensation is a fault system of paying for medical care and providing limited wage benefits to workers.

Accepted Answer

A) True 
 B)False

Question 10

Match between columns
                        Premises: the risk to the employee is quantitatively greater

Accepted Answer

The Answer of workers' compensation and increased-risk test and in is...

Question 11

Ted is an office worker. He takes an extended lunch break to stop at the racetrack to place some bets. While leaving the parking lot of the racetrack to go back to work, he is injured in an automobile accident ________.

Accepted Answer

A)  Ted can receive workers' compensation because he was injured during the workday. 
B)  Ted can receive workers' compensation because he was injured on the way back to work. 
C)  Ted will be denied workers' compensation because he was injured during a frolic. 
D)  Ted can receive workers' compensation because he was injured within the scope of employment. 
A)  Ted can receive workers' compensation because he was injured during the workday. 
B)  Ted can receive workers' compensation because he was injured on the way back to work. 
C)  Ted will be denied workers' compensation because he was injured during a frolic. 
D)  Ted can receive workers' compensation because he was injured within the scope of employment.

Question 12

Self-insurance is the ability to pay government-mandated benefits on your own.

Accepted Answer

A) True 
 B)False

Question 13

Match between columns
                        Premises: casual connection between injury and employment

Accepted Answer

The Answer of arise out of and dual purpose and is...

Question 14

Match between columns
                        Premises: no-fault system of covering employee injuries

Accepted Answer

The Answer of in the course of and assumption of is...

Question 15

Match between columns
                        Premises: time, place, and circumstances of the injury in connection with the employment

Accepted Answer

The Answer of arise out of and dual purpose and is...

Question 16

Something is incident to employment if it is outside the scope of employment.

Accepted Answer

A) True 
 B)False

Question 17

Match between columns
                        Premises: aggravation only is covered

Accepted Answer

The Answer of assumption of the risk and increased-risk test is...

Question 18

How will a court determine whether a mixed-purpose trip is covered by workers' compensation?

Accepted Answer

A trip will be considered a bu

Question 19

In what sense is worker's compensation a form of strict liability?

Accepted Answer

To recover for on-the-job inju

Question 20

Match between columns
                        Premises: a business reason and a personal reason for the trip

Accepted Answer

The Answer of increased-risk test and dual purpose and in is...

How does workers' compensation handle preexisting injuries or diseases?

List five tests used by different courts to determine whether an injury arose out of the employment.

Distinguish between arising out of employment and in the course of employment.

Before the adoption of workers' compensation, what three defenses often defeated tort claims brought by employees against their employers for on-the-job injuries?

An employee who is injured during horseplay ________

Explain the increased-risk test.

When is an employee injured during horseplay covered by workers' compensation?

When does an employee's misconduct disqualify him or her from receiving workers' compensation ________?

Workers' compensation is a fault system of paying for medical care and providing limited wage benefits to workers.

Ted is an office worker. He takes an extended lunch break to stop at the racetrack to place some bets. While leaving the parking lot of the racetrack to go back to work, he is injured in an automobile accident ________.

Self-insurance is the ability to pay government-mandated benefits on your own.

Something is incident to employment if it is outside the scope of employment.

How will a court determine whether a mixed-purpose trip is covered by workers' compensation?

In what sense is worker's compensation a form of strict liability?

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element I: Duty

Negligence: Element II: Breach of Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Filters

Exam 24: Workers Compensation

How does workers' compensation handle preexisting injuries or diseases?

List five tests used by different courts to determine whether an injury arose out of the employment.

Distinguish between arising out of employment and in the course of employment.

Before the adoption of workers' compensation, what three defenses often defeated tort claims brought by employees against their employers for on-the-job injuries?

An employee who is injured during horseplay ________

Explain the increased-risk test.

When is an employee injured during horseplay covered by workers' compensation?

When does an employee's misconduct disqualify him or her from receiving workers' compensation ________?

Workers' compensation is a fault system of paying for medical care and providing limited wage benefits to workers.

Ted is an office worker. He takes an extended lunch break to stop at the racetrack to place some bets. While leaving the parking lot of the racetrack to go back to work, he is injured in an automobile accident ________.

Self-insurance is the ability to pay government-mandated benefits on your own.

Something is incident to employment if it is outside the scope of employment.

How will a court determine whether a mixed-purpose trip is covered by workers' compensation?

In what sense is worker's compensation a form of strict liability?

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Proceedings

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Element I: Duty

Negligence: Element II: Breach of Duty

Negligence: Element III: Proximate Cause

Negligence: Element Iv: Damages

Negligence: Defenses

Products Liability

Survival and Wrongful Death

Torts Against and Within the Family

Torts Connected With Land

Defamation

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Filters