Deck 6: The Workers Compensation System

Question 1

Explain the difference between interrogatories and depositions.

Answer 1

Interrogatories are written questions sent to the opposing party, while deposi- tions are questions of witnesses taken down and transcribed by a court reporter prior to the hearing.

Question 2

Where are workers' compensation cases normally held?

Answer 2

Workers' compensation cases are held in conference rooms or at the branch offices of the state workers' compensation board.

Question 3

Explain the differences in the claims raised in 1988 and 2004 by the claimant.

Answer 3

According to the court, in 1988 the Claimant raised the issue of injured thumbs but excluded reference to her thumbs in the 2004 complaint.

Question 4

What is pro se representation?

Question 5

What are the powers of an administrative law judge?

Question 6

How do statutes of limitation apply to workers' compensation hearings?

Question 7

What is a benefit review conference?

Question 8

What is the difference between an arbitration hearing and a contested hearing?

Question 9

What is the claimant's stance regarding the coverage of her thumb as part of her hand?

Question 10

What is discovery?

Question 11

Was it significant that the claimant never sought a finding of injury to her thumbs in the original claim?

Question 12

What is a video deposition?

Question 13

What is a request for production of medical records?

Question 14

According to the court, how is a motion for change of condition differ- ent than an original order awarding benefits?

Question 15

Explain the two different methods for compensating the attorneys who represent employees and employers.

Question 16

How do the rules of discovery in workers' compensation cases compare with the rules in civil cases?

Question 17

What is a notice of hearing?

Question 18

Why did the Workers' Compensation Board deny coverage for the claimant's thumbs?

Question 19

What are the consequences for a party who refuses to abide by the discovery rules?

Question 20

How does a party dispute workers' compensation benefits?

Question 21

Arbitration hearings are not permitted in workers' compensation cases.

Question 22

Both the employer and the employee can request a hearing.

Question 23

An employer can request an independent medical examination of the injured worker.

Question 24

What is the rule of sequestration?

Question 25

Where are workers' compensation hearings normally held?

A)At the courthouse.
B)At the local jail.
C)In a local conference room.
D)Only at the workers' compensation board headquarters.

Question 26

The worker is entitled to represent himself or herself after hear- ing, without benefit of counsel.

Question 27

What is a subpoena?

Question 28

Should workers' compensation hearings be made more formal, so that they more closely resemble a trial with all of the rights that a trial would bring to the proceedings? Explain your answer.

Question 29

Is it wise for a person to represent himself or herself at a workers' compensa- tion hearing? Are there benefits to pro se representation that having an attor- ney would not bring to the proceedings?

Question 30

What is the difference between direct and cross-examination?

Question 31

Which of the following is a reason an employer or an employee would request a workers' compensation hearing?

A)Because the employee wants to work at a new job.
B)Because the employer believes that the employee is attempting to defraud the U.S.government.
C)Because the workers' compensation board is disbanding.
D)Because the employee wishes to contest a denial of benefits.

Question 32

The party who requested a hearing has the right to cancel it.

Question 33

If a party refuses to abide by the discovery rules, the administra- tive law judge can bar certain evidence from being submitted.

Question 34

Workers' compensation hearings are always held at local court- houses.

Question 35

What is an administrative law judge?

Question 36

Statutes of limitation are not permissible in workers' compensa- tion cases.

Question 37

How are contested workers' compensation hearings carried out?

Question 38

What is a "notice of hearing?"

A)A notice that the workers' compensation board has questions about a particular insurance scheme.
B)A notice that the administrative law judge is no longer qualified to hear workers' compensation cases.
C)A notice that the contested issues between the employer and employee have been set for determination by an administrative law judge.
D)A notice that the statute of limitations for a particular action has run out.

Question 39

Discovery in workers' compensation cases is much more limited than that found in civil cases.

Question 40

A benefit review conference is the first step toward a contested hearing.

Question 41

A meeting with a judge without the other side present: .

Question 42

Explain how a workers' compensation case is presented.

Question 43

What are the powers of an administrative law judge?

Question 44

Compare and contrast benefit review conferences and arbitration hearings.

Question 45

How do the rules of discovery in workers' compensation cases compare with the rules in civil cases?

Question 46

An attorney's fee that is based on a percentage of the total recovery in a case: .

Question 47

Which party in a workers' compensation case has the right to cancel a hearing? No party has the right to cancel a hearing.

A)The employee only.
B)The employer only.
C)The party who requested the hearing.
D)The employee's family members.

Question 48

How are attorneys who normally represent employees compensated?

A)By a contingency fee arrangement.
B)By a flat rate, no more than $2,000.
C)By an hourly rate.
D)By a judicial decree.

Question 49

What are the consequences for a party who refuses to abide by the discovery rules?

Question 50

An order directing a person to appear at a hearing at a specific date and time:
.

Question 51

A Latin phrase meaning, "for himself;" a person who is not represented by an attorney and chooses to represent himself or herself: .

Question 52

The professional who presides at a workers' compensation hearing:
.