Deck 4: Injuries Under Workers Compensation

Question 1

Does the ruling in this case center on Jenneiahn's subjective belief that
his employer actually wanted him to engage in outside physical activities?

Answer 1

According to the court, Jenneiahn did not have a reasonable, subjective belief that his employer wanted him to engage in outside physical activities.

Question 2

How do workers' compensation laws describe an on-the-job injury?

Answer 2

An on-the-job injury must satisfy two elements: (1) That the injury "arises out of " the employee's job duties and (2) That the injury occurred during the "course of " employment.

Question 3

Explain the legal impact of suicide on the analysis of on-the-job injuries.

Answer 3

Suicide is generally not covered under workers' compensation as an injury, unless the claimant's heirs can show that the suicide was a direct result of on-the-job stress.

Question 4

Did the police department expect Jenneiahn to stay in good physical shape?

Question 5

What types of injuries are covered under workers' compensation laws?

Question 6

What is the personal comfort doctrine?

Question 7

How does an employee's intoxication affect a ruling about an on-the- job injury?

Question 8

How does a preexisting injury affect the analysis for a new on-the-job injury?

Question 9

How does the court address the police department's regulation requir- ing police officers to stay in good physical shape?

Question 10

Explain the rules governing how and when an employee will receive medical treatment for an on-the-job injury.

Question 11

Compare and contrast the detour and frolic.

Question 12

Explain how emergencies affect the analysis of whether or not an injury arises out of the course of employment.

Question 13

Define an injury "in the course of " employment.

Question 14

Describe the regulations that govern the reporting of an on-the-job injury.

Question 15

According to the court, does access to the basketball court, other amenities, and membership in the gym make Jenneiahn's basketball games a work-related activity?

Question 16

Explain the rules for injuries occurring when an employee is traveling to or from work.

Question 17

Is it significant that the police department maintained a workout facility?

Question 18

What is a dual purpose trip?

Question 19

Would the result have been different if the police department had organized a basketball tournament and the officer had been injured in this tournament?

Question 20

Would the result have been different if the basketball game had been scheduled? What if the game had been between various off-duty police officers?

Question 21

Who is responsible for recording the details of the incident where the employee was injured?

A)The employee.
B)The police.
C)The Workers' Compensation Board.
D)The supervisor.

Question 22

Under workers' compensation, is an injured employee allowed to choose any doctor that he or she wishes to provide treatment?

A)Yes, under all circumstances.
B)Yes, but only if a statute authorizes it.
C)No, because injured employees are not allowed to receive treatment from medical doctors under the workers' compensation plan.
D)No, in most situations, the employee must receive treatment from a doctor approved by the employer.

Question 23

In most circumstances, an employee is covered under workers'
compensation for travel to and from work.

Question 24

Under the dual purpose doctrine, if an employee is engaged
in work-related activity while also carrying out personal duties, the employee will come under the coverage of workers' compensation laws.

Question 25

When an injury occurs on the job, it is the employee's responsi- bility to seek medical attention.

Question 26

Which of the following actions would disqualify an injured worker from receiving workers' compensation benefits?

A)A showing that the employee had assumed the risk of dangerous working conditions.
B)Proof that the employee was on a frolic or a detour at the time of the injury.
C)Evidence establishing that the employee was not very good at his or her job.
D)The employer's testimony that workers' compensation insurance premiums caused a financial hardship for the company.

Question 27

Workers' compensation laws do not recognize psychological trauma as a compensable injury.

Question 28

Employee is not covered for an injury when he or she is engaged in frolic.

Question 29

There are two legal requirements that show an injury is job- related.They aren't injuries that arose out of or occurred in the course of the employee's duties.

Question 30

What effect does the Health Insurance Portability and Accountability Act of 1996 (HIPAA) have on an employer's right to review an injured worker's medical records?

A)It prevents employers from having any access to employee information.
B)It allows employers to have access to employee medical information, but only after the employee agrees.
C)It allows employers to have minimum necessary access to employee information related to the injury or illness.
D)The act does not apply to workers' compensation at all.

Question 31

What time limit is imposed on employees to report their injuries under workers' compensation statutes?

A)24 hours.
B)Five business days from the time of the injury.
C)A reasonable period of time following the injury.
D)There is no time limit.

Question 32

What are the two necessary elements that an employee must show in order to have an injury covered under workers' compensation?

A)That the injury was caused by the intentional action of the employer and the that the employee had no prior knowledge of the intent.
B)That the injury was a direct result of the employer's negligence and recklessness.
C)That the injury arose out of and occurred during the course of employment.
D)That the injury had a direct and proximate cause link to the employer's negligence.

Question 33

A detour is a side errand or a temporary departure of the employee from work-related activities.

Question 34

List and explain various occupational diseases.

Question 35

Which of the following federal acts has a direct impact on medical records in workers' compensation cases?

A)The Federal Interstate Act.
B)The Health Insurance Portability and Accountability Act of 1996 (HIPAA).
C)The Federal Medical Records Act.
D)The USA Patriot Act.

Question 36

The employee is responsible for reporting the injury to his or her supervisor as soon as possible.

Question 37

An employee is not authorized to go to the emergency room without first consulting with the employer.

Question 38

Are stress headaches, ulcers, or hearing conditions recognized as work-related injuries in your state? Research your state's workers' compensation laws, and provide an analysis of the applicability of these various maladies.

Question 39

If an employee is engaged in horseplay with other employees, those injuries are not covered under workers' compensation law either.

Question 40

Is the personal comfort doctrine recognized in your state? If so, what activities fall under the doctrine? If not, is there a similar doctrine or other approach used that will compensate employees for activities on the job that are not strictly work-related?

Question 41

How does a preexisting injury affect the analysis for a new on-the-job injury?

Question 42

To set aside work-related activities and embark on a personal errand:
.

Question 43

What limitations are placed on an employer's ability to review employee's medical records?

A)The "minimum necessary" rule.
B)The "everything goes" rule.
C)The "reasonable circumstances" rule.
D)The "minimum contacts" rule.

Question 44

To engage in an activity for fun or personal pleasure: .

Question 45

What is the personal comfort doctrine?

Question 46

How are occupational diseases defined under workers' compensation law?

A)Any disease that arises during the period of time when an employee is working.
B)Any illness is caused by or aggravated by the nature of a particular employee's work.
C)A disease that is only recognized under workers' compensation statutes.
D)There is no such thing as "occupational disease" under workers' compensation law.

Question 47

A trip undertaken by an employee that has both work-related and personal aspects: .

Question 48

The requirement that an injured worker was carrying out duties on behalf of the employer at the time of the injury: .

Question 49

Under what circumstances will an injury be deemed to be "on the job?"

Question 50

What are the two necessary elements that an employee must show in order to have an injury covered under workers' compensation?

A)That the injury was caused by the intentional action of the employer and the that the employee had no prior knowledge of the intent.
B)That the injury was a direct result of the employer's negligence and recklessness.
C)That the injury arose out of and occurred during the course of employment.
D)That the injury had a direct and proximate cause link to the employer's negligence.

Question 51

Explain the rules for injuries occurring when an employee is traveling to or from work.

Question 52

What types of injuries are covered under workers' compensation laws?

Question 53

The requirement under workers' compensation law that before an injury will be compensated, it must be directly tied to the worker's job duties:
.