What is the certified workers comp rating?
It is a rating utilized by courts to determine ratings for injured workers.
Who is covered under workers compensation?
An employee is covered, which includes all natural persons, but excludes casual employees, independent contractors, and volunteers (except for public service like firefighters).
What defines an independent contractor in terms of coverage?
An independent contractor is not covered or eligible if they are truly independent, meaning there is no exercise of control and they are not financially dependent on the employer.
What types of injuries are covered?
All injuries arising out of and in the scope of employment are covered, including motor vehicle accidents and occupational exposures.
What is meant by ‘arising out of course of employment’?
It refers to a causal relation where the risk is one that is contemplated by a person when entering the employment relationship.
What benefits are entitled if in the scope of employment?
Entitled to temporary benefits and medical treatments until maximum medical improvement (MMI) is reached.
What are temporary benefits?
If under treatment and the doctor says to keep out of work, the employee is entitled to 70% of their gross weekly wage for up to 400 weeks.
What happens if an employee treats with someone other than the authorized medical doctor?
The employer might not have to pay for it unless a motion is filed showing the treatment is insufficient.
What is OSCAR in the context of workers compensation?
OSCAR is a computer program used to determine the percentage of disability for body parts.
What is required for a settlement approval?
A written order executed by all parties, including a description of injuries, percentage of disability, and whether medical bills have been paid.
What is Section 20 in workers compensation settlements?
It allows for dismissal without reopener rights, requiring genuine issues regarding causation or permanency.
What is the significance of the 2nd injury fund?
It provides compensation for employees who have a prior injury that combines with a new compensable injury to result in total disability.
What is the statute of limitations for workers compensation claims?
2 years from the last authorized treatment or payment of money, or from the date of injury.
What is the medical evaluation process in workers compensation?
Both sides obtain a doctor to evaluate and provide a permanent numbered report for the judge’s review.
What recent amendment was made regarding counsel fees?
The amendment increased counsel fees from 20% to 25% as of August 22, 2024.
What starts the clock for a permanent injury?
A permanent injury starts the clock. If it is not permanent and will recover in time, then it is not compensable.
When does the clock start ticking for a case?
The moment a doctor tells you the cause was a job, that starts the clock ticking.
What is the role of medical evaluations in a case?
Medical evaluations determine the value of the case through an Independent Medical Examination (IME) done by both sides.
What do judges consider in determining future permanent disability?
Judges look at both medical reports to determine future permanent disability.
What do AMA guides provide?
AMA guides publish charts based on degrees of movement and specify disability percentages for various body parts.
What is necessary for objective findings in a case?
Objective findings must be supported by medical tests such as MRIs, X-rays, and surgical records.
What is the purpose of the OSCAR system in court?
The OSCAR system allows the court to input numbers and suggests a final amount of money for the injury.
What is a credit in workers’ compensation?
A credit is an offset that reduces what the employer/carrier must pay due to money or disability already accounted for.
