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 greater.
give notice
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.
litigation
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.
light duty work
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.
interlocutory order
a non-appealable interim order.
insurance carrier
the insurance company that provides workers’ compensation insurance to the employer.
Independent Medical Exam (IME)
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 evaluations used to determine the status of the Claimant’s work-related medical condition and not for treatment.
hearsay
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 Judge, Jane’s attorney tried to offer a statement of a co-worker to support her case. Because the co-worker was not present at the hearing, the Workers’ Compensation Judge found the statement to constitute hearsay”.
hearing
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 Workers’ Compensation Judge who ultimately decides the case.
disfigurement benefits
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”.