Term Category: Workers Compensation

this is the maximum weekly compensation payment that an injured worker is eligible to receive.  The maximum compensation rate is 100% of the statewide AWW.  In 2016, the maximum compensation rate is $978.00.  To be eligible for the max comp rate, an injured worker would have to have an AWW of $1,467.00 a week or […]

notify or inform of an event, accident, hearing, denial, etc. Example: Mary gave notice of her injury to her employer as soon as it happened.

the process of formerly arguing a case before a Workers’ Compensation Judge with the end result being a decision in the case. Example: Jim’s claim for workers’ compensation benefits was placed into litigation by his attorney so that his eligibility for benefits could be decided by a Workers’ Compensation Judge.

a job that is provided to an injured worker within his/her medical limitations. Example: Helen’s employer offered her light duty work because her injury prevented her from doing her regular job.

a non-appealable interim order.

the insurance company that provides workers’ compensation insurance to the employer.

an examination performed on a Claimant by a doctor chosen and paid for by the injured workers’ employer and/or workers’ compensation insurance carrier.  Usually these examinations are used to determine whether or not the Claimant is still disabled from his/her work injury.  Typically, they are brief (often lasting less than 30 minutes).  IME’s are independent […]

out of court statements being used to prove a fact.  To constitute hearsay, the out of court statement must be uttered by a person who is not present in the courtroom to be questioned.  As a general rule hearsay is not admissible but there are some exceptions. Example: “At her hearing before a Workers’ Compensation […]

an informal proceeding where workers’ compensation disputes are resolved a hearing is presided over by a Workers’ Compensation Judge.  Typically, an injured worker, his/her attorney and an attorney representing the employer/workers’ compensation insurance carrier are in attendance at a hearing.  At the hearing both sides in the case are permitted to present evidence before the […]

benefits that are paid for scars of the head, neck or face that are permanent and unsightly. Example: “Fred received disfigurement benefits because of a permanent and unsightly scar that was on his forehead as a result of a work injury”.