Glossary

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.

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 […]

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 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 […]

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

a non-appealable interim order.

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.

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.

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 […]

special administrative hearing often in connection with petitions that are pending before Workers’ Compensation Judges.  Mediations are handled by other Judges not associated with your case.  Mediations are designed to encourage a settlement of some or all of the issues pending before the Workers’ Compensation Judge assigned to your case.