Worker's Comp Exam Study Set
Now suppose three employees sue Cochise Clay Products for bodily injury by disease from a job-related occurrence . Each suit is for $200,000. I f each judgment is for $200,000, what will the insurer pay? A) $200,000 for each employee B) $500,000 total C) $1,000,000 total
A) $200,000 for each employee
For the following questions, assume these limits of liability apply: $500,000 bodily injury by accident per employee; $1,000,000 bodily injury by disease aggregate ; $500,000 bodily injury by disease per employee . Three employees of Cochise Clay Products sue their employer for bodily injury from a common accident. Each action is for $500,000. I f Cochise Clay is found liable for the total amount of each suit, what is the total amount the insurance company will pay? A) $500,000 B) $1,000,000 C) $1,500,000
A) $500,000
Which common law defense relies on the fact that the nature of employment subjects the employee to a hazard of which the employee is aware? A) Assumption of risk B) Exclusive remedy C) Contributory negligence D) Negligence of a fellow employee
A) Assumption of risk
Which one of the following expenses would NOT be paid by workers' compensation medical benefits if incurred by an injured worker? A) Costs to reimburse the worker for wages lost following the injury B) Transportation costs from the place of employment to an emergency room C) The fee of an orthopedic surgeon treating the injured person D) The cost of a prescription to relieve the injured worker's pain
A) Costs to reimburse the worker for wages lost following the injury
In most states, telecommuting employees are not eligible for workers' compensation benefits. A) False B) True
A) False
In order to self-insure, an employer must form a subsidiary insurance company to handle its workers' compensation claims. A) False B) True
A) False
In an elective state, which of the following must always be covered? A) Government workers B) Domestic servants C) Farm employees D) People employed in private industry
A) Government workers
An employer who has only two employees chooses to be covered by the state workers' compensation law. Shortly thereafter, one of her employees is injured. Can the employer now deny her employee the compensation benefits provided under her state laws? A) No B) Yes
A) No
Davonna Daley, a lathe operator, is struck in the eye by a piece of metal wire while she is operating the lathe. I f she had worn her safety goggles, Daley would NOT have been injured. Will Daley's employer have to pay damages if Davonna sues under an employers liability statute? A) No B) Yes
A) No
Lemuel Brooks, a pharmacist , is injured when another druggist drops a box on his head . Under a strict acceptance of the defense of negligence of a fellow employee , will the employer be found liable for damages if Brook sues? A) No B) Yes
A) No
Worker Kerry Bailey injures his left knee on the job . After he arrives home from work, Bailey accidentally catches his finger in a window fan, severing it at the knuckle . He applies for workers' compensation benefits and also asks for payment for the disability resulting from his severed finger. Is Bailey eligible to receive benefits under his employer's workers' compensation policy for the severed finger as well as the injury to the knee? A) No B) Yes
A) No
Suppose an employer, Devereaux Corporation, purchases a workers' compensation policy from QQQ Insurance Company. Three months later an employee , Terry Pincheon, is injured while on the job and misses five weeks of work. Who will pay the compensation benefits to which Pincheon is entitled? A) QQQ Insurance Company B) Devereaux Corporation
A) QQQ Insurance Company
Suppose Lamar Rees is a building contractor. His employee, Terry Bell, is injured on the job when glass windows awaiting installation fall. Bell sues Brightview Windows, a subcontractor, for negligence and wins the suit. Brightview then files a lawsuit and proves that Rees was actually at fault. Which of the following will probably pay this third-party-over claim? A) Rees's employers liability coverage under his Workers' Compensation and Employers Liability policy B) Brightview Windows C) Lamar Rees D) Rees's second injury fund
A) Rees's employers liability coverage under his Workers' Compensation and Employers Liability policy
Which of the following is a purpose of second injury funds? A) To promote the employment of physically handicapped workers B) To place benefit restrictions on employees who suffer more than one job-related injury C) To promote safety practices on the job D) To pay double benefits to workers who are physically handicapped
A) To promote the employment of physically handicapped workers
Employers liability statutes and insurance would apply when a housekeeper not covered by workers' compensation sues an employer for injuries on the job. A) True B) False
A) True
To safely self-insure , an employer should have a large spread of risk. A) True B) False
A) True
A bell captain at a hotel in Guam is injured on the job . Could his injuries be covered under a Workers' Compensation and Employers Liability policy? A) Yes B) No
A) Yes
An insured business has operations in Arizona and New Mexico. Both locations are listed in Items 1 and 3.A. of the Information Page . A worker from the Arizona operation is transferred to the New Mexico location, where he suffers an accident compensable under the New Mexico workers' compensation law. Is there coverage under the Workers' Compensation and Employers Liability policy for this loss? A) Yes B) No
A) Yes
Fermetti Metal Works lists a Connecticut mailing address on the Information Page of its Workers' Compensation and Employers Liability policy. I f an employee of Fermetti Metal Works is injured in a compensable accident at another workplace in Connecticut other than the mailing address, will that employee be entitled to compensation benefits? A) Yes. There is statewide coverage for Connecticut. B) No. The street address of all permanent workplaces must be listed.
A) Yes. There is statewide coverage for Connecticut.
To be considered complete, the policy must include A) both of these B) neither of these C) a policy form D) an information page
A) both of these
Marcos, a construction worker, injures his back when he falls off a roof at a construction site. This injury leaves him permanently unable to lift more than 20 pounds, so he cannot continue working in construction. Marcos completes a training program to become a paralegal and is hired to work at a law firm. Marcos's injury would be considered a A) partial disability B) total disability
A) partial disability
A disability that lasts for a lifetime is called a A) permanent disability B) temporary disability
A) permanent disability
The first requirement for an injury to be compensable by workers' compensation is that the injury be accidental from the viewpoint of A) the injured worker B) the employer
A) the injured worker
Temporary disability payments are likely to be paid on a A) weekly basis B) lump-sum basis
A) weekly basis
Which of the following injuries appear to qualify as compensable under workers' compensation law? A)A service technician drives a company vehicle to service clients' equipment at their premises. The technician is injured in an auto accident while en route to a client's location. B) Neither of these. C)A service technician drives a company vehicle while at work and is permitted to take the company vehicle home at night. After working hours in her own neighborhood , the technician is injured in an auto accident. D) Both of these
A)A service technician drives a company vehicle to service clients' equipment at their premises. The technician is injured in an auto accident while en route to a client's location.
Which of the following examples meet the arising out of employment criterion? A)A worker using a power saw in a factory is injured when a piece of wood is ejected from the material being cut. B) Neither of these. C) A factory worker suffers minor internal injury from harsh coughing as the result of cigarette smoking. D) Both of these.
A)A worker using a power saw in a factory is injured when a piece of wood is ejected from the material being cut.
Which of the following statements are CORRECT? A)Both statements are correct. B)The contemporary Workers' Compensation and Employers Liability insurance policy no longer bears the marks of its origins in early workers' compensation laws. C) The Industrial Revolution , workers' compensation laws, and workers' compensation insurance are all interrelated . D) Neither statement is correct.
A)Both statements are correct.
I f Barbour's employer has a Workers' Compensation and Employers Liability policy, how is the employer protected? A)The Workers' Compensation section of the policy will pay for medical costs and loss of wages and the Employers Liability section will cover the dual capacity liability claim. B)The Workers' Compensation section of the policy will pay for Barbour's medical costs and loss of wages, but there is no recovery for the dual capacity products liability claim. C) None of these statements are correct. D)The Workers' Compensation section will pay for medical costs and loss of wages, but the employer will have to reimburse the insurance company for any expense paid on a products liability claim
A)The Workers' Compensation section of the policy will pay for medical costs and loss of wages and the Employers Liability section will cover the dual capacity liability claim.
Suppose not three, but six employees each sue Cochise Clay Products for $200,000 for bodily injury from an occupational disease, and each judgment is for $200,000. Now what will the insurer pay? A) $500,000 total B) $1,000,000 total C) $200,000 for each employee
B) $1,000,000 total
Which of these are likely to be funded by workers' compensation rehabilitation benefits? Assume in all cases the individual was injured on the job and is eligible for workers' compensation benefits. A)A monitored exercise program prescribed by a physician for a worker whose limbs have withered following months of hospitalization B) All of these expenses would be eligible C) Costs to travel to a nearby city for training in the use of an artificial limb D) Training in office skills for a manual laborer whose legs were amputated in an accident
B) All of these expenses would be eligible
Suppose Al Henderson, an employee of BK & Company, is injured in an auto accident while on company business. The accident is clearly the fault of the other driver, Matt Dover. Henderson's $10,000 in medical and disability expenses are paid by BK's workers' compensation policy. In this case, who has recovery or subrogation rights against Dover? A) Henderson B) BK's insurance company C) None of the these D) BK & Company
B) BK's insurance company
Which of the following statements are CORRECT? A) Neither statement is correct. B) Both statements are correct. C) Rehabilitation often leads to lower costs for insurance payouts. D) Rehabilitation frequently brings disabled workers back to gainful employment and self-dignity
B) Both statements are correct.
All common law defenses are available to employers in alljurisdictions . A) True B) False
B) False
The self-insurance method of funding workers' compensation benefits is available in all jurisdictions . A) True B) False
B) False
Suppose the severity of Bailey's knee injury results in enormous medical, disability, and rehabilitation costs. How will the insurer decide how much it will pay of these costs? A) It will pay up to the workers' compensation coverage limit of liability specified in the policy. B) It will pay whatever the law in Bailey's state requires
B) It will pay whatever the law in Bailey's state requires
What type of benefit compensates an injured worker for the cost of medical treatment resulting from a job-related injury? A) Survivor B) Medical C) Disability D) Vocational
B) Medical
The insured is an employer operating in a state that requires employer-provided non occupational disability benefits. One of the employer's workers is injured seriously in a nonwork-related incident. Will the standard Workers' Compensation and Employers Liability policy provide benefits for the employee's lost wages? A) Yes B) No
B) No
Which of the following would be covered under the Workers' Compensation and Employers Liability policy? A)A fine imposed against the insured employer for failing to provide safety goggles to employees working in a hazardous area B) None of these would be covered C)A penalty against the employer for discharging an employee for no cause other than reporting a job-related injury and seeking benefits D)Additional compensation awarded by the state's workers' compensation authority for injuries sustained by an illegally employed minor
B) None of these would be covered
Which of the following would be paid under the workers' compensation policy? A) Loss of earnings to the insured proprietor as a result of time spent in the investigation B) Premiums for bonds to release attachments C) Both of these D) Neither of these
B) Premiums for bonds to release attachments
Chris Ronald, an employee of Taylor Cotton Mill, injures her back on the job. She immediately reports the injury to her supervisor, but the employer delays sending notice to the insurer for over a month. Which statement is CORRECT? A) The date of the claim for determining benefits will be the day the notice is received in the insurer's office. B) The date of the claim for determining benefits will be the same date Ronald reported to her supervisor. C) Payment of the claim will be denied because of late notice
B) The date of the claim for determining benefits will be the same date Ronald reported to her supervisor
Which one of the following is NOT taken into consideration when determining the amounts to be paid as survivor benefits? A) The number of dependents surviving the deceased B) The generosity of the deceased employee's employer C) Maximum benefits specified in the individual workers compensation law D) The deceased's earnings
B) The generosity of the deceased employee's employer
I f an employer is self-insured, it must demonstrate that it meets funding requirements by filing with the appropriate authority. A) False B) True
B) True
Some jurisdictions permit group self-insurance for small employers. A) False B) True
B) True
Some workers' compensation legislation may require both weekly and lump-sum benefits. A) False B) True
B) True
ABC Industrial Products has listed the state of Tennessee as a permanent workplace on the Information Page of its Workers' Compensation and Employers Liability policy. I f the state's workers' compensation laws are modified during the policy's effective date, would those changes apply to ABC's policy? A) No B) Yes
B) Yes
Suppose Rod Byrnes was hired to operate a delivery truck for his employer. The employer's business is located in a state with an elective workers' compensation law, and the employer has elected to not be subject to the act. Rod's duties include loading and unloading merchandise in cartons weighing up to 60 pounds. When Rod injures his back while unloading a 50-pound box, he sues his employer. I f the employer uses the assumption of risk defense for this claim, is it likely to be successful? A) No B) Yes
B) Yes
In a monopolistic jurisdiction , an employer may purchase workers' compensation coverage from A) the state insurance department B) a state fund C) a private insurance company D) either a private insurance company or a state fund
B) a state fund
A Workers' Compensation and Employers Liability policy is used in A) every state B) all states except those with monopolistic state funds and some competitive funds C) every state except Alaska and Hawaii D) all elective states
B) all states except those with monopolistic state funds and some competitive funds
In a competitive fund state, an employer may purchase workers compensation insurance from A) a state fund B) either a private insurance company or a state fund C) a private insurance company D) the state insurance department
B) either a private insurance company or a state fund
Under the right to control test, if an employer directly controls the majority of the aspects of the work and how it is performed, the worker is probably an A) independent contractor B) employee
B) employee
In the past, if injury to or death of an employee was caused by an employer's negligence, the employee was A)not entitled to reimbursement , since the employee was aware of the job hazards when accepting the employment B) entitled to reimbursement if the employee could prove in a court of law that the employer was negligent C) entitled to reimbursement
B) entitled to reimbursement if the employee could prove in a court of law that the employer was negligent
An individual works continuously for the employer for two weeks installing plumbing fixtures, at which point the relationship is ended. About 9 months later, the employer needs more plumbing work, so the same individual again does the work, at which time the relationship ends. The plumber in this case is probably an A) employee B) independent contractor
B) independent contractor
An injury that results in permanent disability is likely to be compensated on a A) weekly basis B) lump-sum basis
B) lump-sum basis
The type of disability that does not last for a lifetime is known as a A) permanent disability B) temporary disability
B) temporary disability
Angelo Puccini is employed as a mid-level manager by Topline Sporting Goods Manufacturing Corporation in a state where the workers' compensation law includes extraterritorial provisions. Topline's only facility is located in this state. Puccini performs his job in that state 90% of the time. I f Puccini travels to another state for a sporting goods distributors convention and injures his back while working at his employer's display booth, he is entitled to the workers' compensation benefits provided by A) both states B) the state where he works 90% of the time C) the state where he was working when the injury occurred D) the state that offers more generous benefits
B) the state where he works 90% of the time
Doris, a police officer, sustains a severe head injury while attempting to arrest a suspect. Doris is only able to regain minimal mental and physical functioning after the injury and must be admitted to a nursing home . Doris's injury would be considered a A) partial disability B) total disability
B) total disability
Suppose a workers' compensation policy period is from January 4, 2014, to January 4, 2015. Assuming each situation described below would otherwise be covered, which ones meet the requirements for date of occurrence to be covered by this policy? A)An employee falls at work on January 2, 2014, injuring his back, but he continues to work in pain until January 5, 2014. On that date, he is diagnosed as having a back injury resulting from the fall and is placed on disability leave. B)An employee is exposed to silica dust on December 28, 2014, immediately before he retires from hisjob. Several months later, he is diagnosed with an occupational disease related to inhaling the dust. C) Both would be covered . D) Neither would be covered .
B)An employee is exposed to silica dust on December 28, 2014, immediately before he retires from hisjob. Several months later, he is diagnosed with an occupational disease related to inhaling the dust.
Suppose not three, but six employees each sue Cochise Clay Products for $200,000 for bodily injury from an occupational disease, and each judgment is for $200,000. Now what will the insurer pay? A) $500,000 total B) $1,000,000 total C) $200,000 for each employee
C) $200,000 for each employee
Quick Quiz: Which of the following statements are CORRECT? A)Under a typical workers' compensation law, the ability to return to work is not a significant factor in a schedule benefit. B)Under a schedule benefit , an injured worker may receive either a one-time lump-sum payment equal to a specified number of weeks of disability payments or weekly benefits for a specified number of weeks regardless of ability to return to work or actually returning to work. C) All of these statements are correct. D) Schedule benefits typically apply to disabling injuries that are considered permanent
C) All of these statements are correct.
Which of the following statements are CORRECT? A) The workers' compensation system had its origins in Europe . B) In the United States, workers' compensation laws have been adopted by all states and possessions. C) All of these statements are correct. D) The first workers' compensation law in the U.S. was enacted by Wisconsin .
C) All of these statements are correct.
f a workers' compensation loss is covered by another insurance policy in addition to the Workers' Compensation and Employers Liability policy, how will benefits be paid? A)Any self-insurance pays until exhausted ; then the workers' compensation policy pays; then any excess msurance pays. B) The workers' compensation policy will pay first, and after its limits are exhausted, the other policy will pay. C) Both policies will share equally in the claim costs. D) The workers' compensation policy will pay as excess insurance after the other policy pays up to its limits
C) Both policies will share equally in the claim costs.
Which of the following statements are CORRECT? A )I f an independent contractor is not considered to be a regular employee , she therefore is not normally eligible for workers' compensation benefits from the employer for whom the work is being performed. B) By definition, an independent contractor normally is not considered to be a regular employee. C) Both statements are correct. D) Neither statement is correct
C) Both statements are correct.
Which of the following statements are CORRECT? A)Disability, medical, survivor, and rehabilitation benefits are included in all workers compensation laws. B) Neither statement is correct. C) Both statements are correct. D)Actual details of the provisions regarding workers' compensation benefits are likely to be somewhat different in every state since they are established by state law
C) Both statements are correct.
Which of the following statements are CORRECT? A)Treating nonoccupational diseases as occupational diseases for workers' compensation purposes is not uniform throughout the U.S. B) Neither statement is correct. C) Both statements are correct. D) Certain diseases that the general public is exposed to may be considered occupational diseases
C) Both statements are correct.
Suppose Cleo Ellis arrives at the job site where her husband Jack is working. She watches, horrified , as a derrick goes out of control and repeatedly batters her husband . Cleo suffers a heart attack and later sues Jack's employer for the consequential bodily injury she suffered. Which of the following is likely to happen if the employer carries a Workers' Compensation and Employers Liability policy? A) Cleo will be compensated only if no workers' compensation benefits are available to Jack. B) Cleo will be compensated by the Workers' Compensation section of the policy. C) Cleo will be compensated by the Employers Liability section of the policy. D) Cleo will not be compensated. No coverage is available for this type of loss.
C) Cleo will be compensated by the Employers Liability section of the policy.
According to the terms of the workers' compensation policy, the insurance company must pay certain other expenses in addition to the benefits stipulated by state law. Which one of the following is NOT one of the additional expenses that is paid under the policy? A) Expenses incurred by the insured at the insurer's request B) Judgment interest on a claim required by law until the insurer offers payment on the claim C) Fines levied against the insured employer for violating the state's workers' compensation law D) Defense costs
C) Fines levied against the insured employer for violating the state's workers' compensation law
The Information Page shows limits of liability for A) neither Part One nor Part Two B) both Part One and Part Two C) Part Two-Employers Liability insurance D) Part One-Workers' Compensation insurance
C) Part Two-Employers Liability insurance
f there is a conflict between a provision of the workers' compensation policy and the state workers' compensation law, which of the following occurs? A) The policy provision is always followed. B) The employer and the insurer decide whether the policy or the law is followed. C) The policy provision is amended to conform to the law. D) A court of law decides whether the policy or the law is followed
C) The policy provision is amended to conform to the law.
In what way did the employers liability acts fail? A) They assumed the employer was negligent for any job-related injury. B) They were insensitive to the position of the employer. C) They required the disabled worker to prove the employer was negligent. D) They allowed the employee to receive only partial reimbursement.
C) They required the disabled worker to prove the employer was negligent.
Disability benefits A) attempt to compensate the survivor of an employee whose death results from a job-related injury B) compensate the injured worker for the cost of medical treatment resulting from a job-related injury C) compensate a disabled worker for loss of income or earning capacity D) cover costs to help make a disabled worker employable again
C) compensate a disabled worker for loss of income or earning capacity
In most states, occupational diseases are A) eligible for less compensation than injuries covered under that state's workers' compensation laws B) eligible for more compensation than injuries covered under that state's workers' compensation laws C) eligible for the same compensation that applies to injuries under that state's workers' compensation laws D) not covered under workers' compensation laws
C) eligible for the same compensation that applies to injuries under that state's workers' compensation laws
With the exception of cases where federal laws apply, the individual provisions governing benefits available under workers' compensation are established by A) individual insurance companies B) the state's workers' compensation authority C) state law D) the insured employer
C) state law
Part One of the policy covers bodily injury that first becomes apparent after the policy expires provided A)a notice of occurrence of an incident or exposure that could lead to a claim is sent to the insurer before the end of the policy period B) the employer renews the policy with the same insurer for at least a 12-month period C) the last day of last exposure to conditions causing the injury or disease occurs during the policy period D) the exposure to the conditions that caused the injury also occurred after the policy expired
C) the last day of last exposure to conditions causing the injury or disease occurs during the policy period
Ken Barbour is a maintenance worker for a company that manufactures power tools. While repairing a door as part of his regular duties, Barbour injures his hand with a power drill his employer manufactured . Assume that the state has NOT modified its laws pertaining to dual capacity claims. What action might Barbour take as a result of his injury? A) File a workers' compensation claim B) Neither of these C) Either of these D) Make a products liability claim
C)Either of these
Which of the following statements are CORRECT? A)None of these statements are correct. B)A company that leases employees from another business is always responsible for providing workers' compensation benefits for those employees. C)The company responsible for providing workers' compensation benefits to a leased worker may be specified by state law or determined by common law. D)An employee leasing company is always responsible for providing workers' compensation benefits for its employees
C)The company responsible for providing workers' compensation benefits to a leased worker may be specified by state law or determined by common law
A retroactive period is A)a federally required provision in all workers' compensation policies B) the same as a waiting period C)a specified number of days of disability after which compensation benefits will be paid for every day since the date of injury D) the period during which a workers' compensation policy is in effect
C)a specified number of days of disability after which compensation benefits will be paid for every day since the date of injury
Which statements are TRUE concerning illegal employment of minors? A)Both statements are correct. B) Neither statement is correct. C) In most jurisdictions , illegally employed minors are not covered by workers' compensation laws. D )I f an illegally employed minor is injured on the job , the employer may have to pay from 50% to two times greater compensation benefits than normal.
D )I f an illegally employed minor is injured on the job , the employer may have to pay from 50% to two times greater compensation benefits than normal.
Which of the following appear to be cases that require employers liability rather than workers' compensation remedies? A)Neither of these B)An employer needs protection against liability for a situation not covered under jurisdictional workers' compensation laws. C)An employer needs protection against liability when an injured worker elects to sue for damages under common law. D) Both of these
D) Both of these
Which of the following statements are CORRECT? A)The employer's negligence must be proven in a court of law in a lawsuit for loss of consortium. B) Neither statement is correct. C)Loss of consortium typically refers to the loss of the injured worker's companionship by the worker's spouse. D) Both statements are correct
D) Both statements are correct
Which common law defense is based on the fact that job-related injuries often result at least in part from the employee's own negligence? A) Assumption of risk B) Negligence of a fellow employee C) Exclusive remedy D) Contributory negligence
D) Contributory negligence
Which common-law defense states that an employer cannot be held responsible for an employee's job-related injury caused by the negligence of a fellow worker? A) Exclusive remedy B) Assumption of risk C) Contributory negligence D) Negligence of a fellow employee
D) Negligence of a fellow employee
What important legal concept was introduced by the workers' compensation system? A) Common law liability B) Negligence C) Personal liability D) No-fault liability
D) No-fault liability
Which of the following injuries would probably be excluded under state workers' compensation laws? A)Dave is furious with his supervisor, Frank, over a bad performance review and punches Frank in the nose . Dave's hand is broken as a result. B)Martin sprains his knee while playing softball for his employer-sponsored team. Martin was not required to join the team as a condition of his employment. C) Lisa, a restaurant employee , is seriously burned when she trips over a customer's foot and spills the pot of coffee she was carrying on herself. D) The examples involving Martin and Dave would be excluded
D) The examples involving Martin and Dave would be excluded
Which of the following cannot be determined from the Information Page? A) The estimated annual premium B) The insured's workplaces C) The insured's name and mailing address D) The exclusions to the coverage
D) The exclusions to the coverage
Which of these statements is CORRECT? The Workers' Compensation and Employers Liability policy may be modified by A) any of the means described B) making a written request to the company specifying the change to be made C) agreement of the producer that the change should be made D) adding an endorsement to the policy
D) adding an endorsement to the policy
Employers liability insurance provides protection for employers against legal actions by A) neither of these B) employees who legally reject the provisions of a workers' compensation law prior to an accident C) employees not subject to a workers' compensation law D) both of these
D) both of these
Where disfigurement benefits apply, they are considered a subset of A) rehabilitation benefits. B) medical benefits. C) extra income benefits. D) disability benefits.
D) disability benefits.
In most jurisdictions , a limit of liability applies to A) neither coverage B) both coverages C) workers' compensation coverage D) employers liability coverage
D) employers liability coverage
The doctrine that says the benefits specified in workers' compensation laws are the only means employees may use to recover from employers for work-related injuries is the A) common law defense doctrine. B) third-party-over doctrine. C) dual capacity doctrine. D) exclusive remedy doctrine.
D) exclusive remedy doctrine.
Typically, if more than one workers' compensation policy covers the same injury, the Other Insurance provision of a workers' compensation policy says the payments will be A) made on a pro rata basis B) determined by federal statute C) determined by state statute D) made on an equal shares basis
D) made on an equal shares basis
LaQuesha Willis and Melanie Howe are partners in a small retail business. Under their unendorsed Workers' Compensation and Employers Liability policy, they are covered as A) both of these B) neither of these C) the insured employer and as employees if they are injured while working in the business D) the insured employer
D) the insured employer
Which of the following qualify as an occupational disease as we have defined it here? A)A school teacher develops bronchitis while in the classroom. B) A wine taster employed by a winery becomes ill after drinking from a single batch of contaminated wine . C) A shipping clerk comes down with influenza while on the job. D)A chemical engineer develops a throat disease due to working with toxins in the laboratory where she is employed .
D)A chemical engineer develops a throat disease due to working with toxins in the laboratory where she is employed .
Which of the following statements are CORRECT? A)All of these statements are correct. B)Some jurisdictions , in addition to computing average weekly wages and applying a mandated percentage , stipulate maximum or minimum payments. C) The average weekly wage computed is always the amount paid to a disabled worker. D)Average weekly wage is the basis for determining workers' compensation benefits that are paid on a lump-sum basis
D)Average weekly wage is the basis for determining workers' compensation benefits that are paid on a lump-sum basis
Which of these statements is TRUE concerning employers liability considerations? A)The enactment of a state compensation law provides remedies for all situations in which employees are injured on the job. B) The advent of workers' compensation insurance did away with the need for employers liability insurance. C)While most state workers' compensation laws also provide remedies for employers liability considerations, there are still a few states where this is not the case, so employers liability insurance would still be required in these few states. D)Employers liability insurance provides protection to the employer in cases not covered by workers' compensation laws.
D)Employers liability insurance provides protection to the employer in cases not covered by workers' compensation laws.
Which of the following statements concerning the exclusive remedy doctrine is NOT correct? A)This doctrine establishes workers' compensation law as the only source of compensation an employee has against an employer for covered injuries. B)Continuing changes in court findings about the exclusive remedy doctrine make it difficult to state exactly which situations the doctrine covers and which are exceptions. C)The doctrine applies only to injuries covered under workers' compensation law, not to injuries the law does not address. D)The exclusive remedy doctrine was designed to make it easier for employees to prove employer negligence in a court of law.
D)The exclusive remedy doctrine was designed to make it easier for employees to prove employer negligence in a court of law.
Changing the situation again, suppose the sarne employee, Art Zero, slipped in Brown's shop while doing sorne personal shopping on his day off He brings suit against Brown. Is Brown's workers' compensation insurer required to defend this suit? A) Yes B) No
No
The insurer did not reimburse Bailey for expenses related to the knee injury until nine months after the claim was filed. Has the insurer met its obligation to pay benefits promptly? A) Yes B) No
No; should be about 30-60 days
Art Zero, one of Judy Brown's employees, slips on a wet floor in Brown's shop while performing custodial duties. Brown's workers' compensation insurer refuses to defend the suit against Brown for benefits because the insurer suspects the claim is fraudulent and without merit. Has the insurer violated its duties under the policy?
Yes
Suppose the insured's fruit packing company goes bankrupt due to mismanagement while disability payments are being made to several employees. Will the workers' compensation insurance company continue making payments to the injured employees? A) Yes B) No
Yes
Suppose, instead, Brown's insurer decides to defend the claim, but Brown herself thinks it should be ignored because she believes the employee faked the fall. May the insurer proceed without Brown's agreement? A) No B) Yes
Yes
