Workers’ Compensation Jeopardy Making Workers’ Compensation Fun! Hosted By: Edward R. Carpenter, Jr., Esquire Distinguished Advisors: The Honorable Andrea L. McCormick Christopher A. DiMeo, Esquire Jeffrey S. Gross, Esquire
Workers’ Compensation
JeopardyMaking Workers’
Compensation Fun!
Hosted By: Edward R. Carpenter, Jr., EsquireDistinguished Advisors: The Honorable Andrea L. McCormickChristopher A. DiMeo, EsquireJeffrey S. Gross, Esquire
JeopardyTHAT’S A PENALTY
DEFENSES IT’S SO AGGRAVATING
ALWAYS HAVE A WITNESS
CELEBRITY SPECIFIC LOSSES
100 100 100 100 100
200 200 200 200 200
300 300 300 300 300
400 400 400 400 400
500 500 500 500 500
THAT’S A PENALTYfor 100
This type of penalty is the only one that may be imposed against an employee.
To Answer
What is forfeiture of interest?
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This all‐powerful entity is the only legal authority that has the discretion to award or not award a penalty.
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THAT’S A PENALTYfor 200
What is the Workers’ Compensation Judge?
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A penalty is appropriate only when one of these two actions appear in the record.
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THAT’S A PENALTYfor 300
What is a violation of the Actor a regulation?
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True of false
A 50% penalty is mandated in every case where a violation of the Act has taken place.
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THAT’S A PENALTYfor 400
What is false?
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An employee that fails to comply with an Order awarding a penalty runs what additional risk?
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THAT’S A PENALTYfor 500
What is up to an additional 50% penalty?
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This defense requires a claimant to file a petition within 3 years of the injury or the claim is
forever barred
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Defenses for 100
What is Statute of Limitations?
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This defense requires the Employer to prove the cause of the injury was as a result of the
use of these substances.
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Defenses for 200
What is the use of drugs or alcohol?
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This defense is based upon a claimant’s refusal to comply with posted company policies.
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Defenses for 300
What is violation of a positive work order?
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True or False:An Employer can defend a claim when the
employee was injured by another as a result of circumstances personal in nature.
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Defenses for 400
What is TRUE?
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A claim is barred based upon lack of notice ifclaimant does not report the injury
within this number of days.
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Defenses for 500
What is 120 days?
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This pre‐existing cardiac condition, which is aggravated by exertion
can be compensable.
IT’S SO AGGRAVATING for 100
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What is a heart attack?
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An asthmatic employee who suffers a transient exposure to an irritant is not entitled to benefits
if his condition returns to this level.
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IT’S SO AGGRAVATING for 200
What is baseline?
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True or false
A precipitating event is necessary to establish a new injury where the employee has a pre‐existing condition.
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IT’S SO AGGRAVATING for 300
What is FALSE?
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An employee is not entitled to benefits for a work‐related injury superimposed on a pre‐existingcondition where the causative event does not rise
to this level for his condition.To Answer
IT’S SO AGGRAVATING for 400
What is a substantial contributing factor?
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This finding on examination would support a determination of an aggravation
of a pre‐existing condition rather than a reoccurrence.
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IT’S SO AGGRAVATING for 500
What is a material change in claimant’s condition?
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Fact witness testimony of a problem employee without documentary evidence of written warnings or disciplinary action
is always helpful to your case.
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ALWAYS HAVE A WITNESSfor 100
What is false?
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Employer’s testimony of a termination for cause may preclude this benefit
from being awarded by a Workers’ Compensation Judge.
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ALWAYS HAVE A WITNESSfor 200
What is wage loss benefits?
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An employer’s testimony of a specific job rule is necessary to establish this difficult
affirmative defense.
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ALWAYS HAVE A WITNESSfor 300
What is violation of a positive work order?
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TRUE OR FALSEFact witness testimony that an injured worker utilized illegal
substances prior to a work injury is alone sufficient to establish intoxication.
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ALWAYS HAVE A WITNESSfor 400
What is false?
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This type of meeting may be objectionableand may effect the admissibility of a treating
physician’s testimony.
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ALWAYS HAVE A WITNESSfor 500
What is a pre‐meet?
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Fonzi would have been entitled to 100 weeks of benefits for
the loss of use of this member
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CELEBRITY SPECIFIC LOSSESfor 100
What is a thumb?
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Captain Hook never filed a claim, but would have received 335 weeks for this specific loss
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CELEBRITY SPECIFIC LOSSESfor 200
What is a hand?
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Romeo lost his heart to Juliet and would have been entitled to ____ number
of weeks for this specific loss
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CELEBRITY SPECIFIC LOSSESfor 300
DAILY DOUBLE!
What is a ZERO?
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Long John Silver searched for many years, but never received the 410 weeks of benefits
for this specific loss.
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CELEBRITY SPECIFIC LOSSESfor 400
What is a leg?
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The notorious Al Capone could have received up to 275 weeks of benefits for this unsightly specific loss.
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CELEBRITY SPECIFIC LOSSESfor 500
What is a facial scar?
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