Virginia Workers' Compensation Quiz

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Questions and Answers

What is the name of the document used to formally request compensation and order payment?

  • Petition and Order (correct)
  • Compromise Settlement
  • Notice of Appeal
  • Award of Compensation

Which of the following is NOT considered a party to a workers' compensation claim in Virginia?

  • Family members (correct)
  • Injured worker
  • Health care providers
  • Insurance carrier

Under what circumstances can an injured worker receive Permanent Partial Disability Benefits (PPD) while working?

  • When the injury does not affect their ability to perform their job duties.
  • When maximum medical improvement has been reached. (correct)
  • When they are receiving temporary total disability benefits as well.
  • When they have not reached maximum medical improvement.

What is the maximum duration for temporary total disability benefits?

<p>500 weeks (B)</p> Signup and view all the answers

Which of the following is NOT eligible for a penalty under Virginia workers' compensation laws?

<p>Injured worker for filing a false claim (C)</p> Signup and view all the answers

What is the percentage penalty that may be assessed against an insurance carrier for untimely payment of compensation?

<p>20% (B)</p> Signup and view all the answers

When does an injured worker become eligible for Permanent and Total Disability Benefits (PTD)?

<p>When the injured worker has exhausted temporary total disability benefits (D)</p> Signup and view all the answers

Which of the following is NOT a factor considered for permanent partial disability benefits?

<p>Duration of temporary disability benefits (B)</p> Signup and view all the answers

What is the time period for an insurance carrier to pay compensation after it becomes due, before a penalty is assessed?

<p>Two weeks (C)</p> Signup and view all the answers

Which of the following is NOT a type of benefit payable for permanent partial disability?

<p>Loss of a spouse (A)</p> Signup and view all the answers

What does 'return to work' (RTW) refer to in the context of workers' compensation?

<p>A physician's release for an injured worker to return to work (D)</p> Signup and view all the answers

Which document is required to provide evidence of compliance for workers' compensation insurance?

<p>Proof of Coverage (POC) (A)</p> Signup and view all the answers

What is the function of a Professional Employer Organization (PEO)?

<p>To employ a majority of a client company’s workforce and assume employer responsibilities (A)</p> Signup and view all the answers

What happens during the seven-day waiting period for workers' compensation?

<p>Inability to receive any compensation until after the waiting period (B)</p> Signup and view all the answers

What is a Request for Review in the context of workers' compensation?

<p>A submission to the Commission for reconsideration of a Deputy Commissioner's decision (D)</p> Signup and view all the answers

What is the purpose of the Employer's Application for Hearing (Form 5A)?

<p>To request a change in an injured worker's compensation benefits (C)</p> Signup and view all the answers

According to the Workers' Compensation Act in Virginia, who is typically considered an 'Employee'?

<p>Anyone employed under any contract of hire or apprenticeship (B)</p> Signup and view all the answers

Which organization developed the EDI Standard for Workers’ Compensation claims reporting used by the Commission?

<p>International Association of Industrial Accident Boards and Commissions (IAIABC) (B)</p> Signup and view all the answers

What does the term 'Executive Officer' exclude in Virginia's Workers’ Compensation definitions?

<p>Non-compensated officers of certain corporations (C)</p> Signup and view all the answers

Who is categorized as an 'Employer' under the Virginia Workers’ Compensation Act?

<p>A person or entity with control over employees' work activities (A)</p> Signup and view all the answers

If an employer in Virginia regularly employs fewer than three individuals, what is the implication?

<p>They are not considered employers under the Act unless voluntarily electing coverage (D)</p> Signup and view all the answers

What is the primary purpose of Electronic Data Interchange (EDI) in the context of Workers’ Compensation?

<p>To exchange data electronically between the Commission and claim-reporting organizations (C)</p> Signup and view all the answers

What must an injured worker submit to request an expedited hearing?

<p>Expedited Hearing Request Form and supporting documentation (C)</p> Signup and view all the answers

What does the Family and Medical Leave Act (FMLA) provide to eligible employees?

<p>Unpaid, job-protected leave (C)</p> Signup and view all the answers

Which of the following is NOT a valid method of filing a document with the Commission?

<p>Email transmission (D)</p> Signup and view all the answers

What does the term 'Filed' refer to in the context of the Commission?

<p>Sending or delivering a document (C)</p> Signup and view all the answers

What is the purpose of a First Report of Injury (FROI)?

<p>To report an injury to the insurance carrier or self-insurer (C)</p> Signup and view all the answers

In terms of workers' compensation fraud, what action constitutes fraud by an employee?

<p>Claiming an injury occurred while not on the job (C)</p> Signup and view all the answers

Which authority investigates cases of workers' compensation fraud?

<p>Virginia State Police (C)</p> Signup and view all the answers

What must one do to ensure that a filing by first-class mail is considered completed?

<p>Ensure the document is postmarked by the deadline (C)</p> Signup and view all the answers

How does the Commission treat a document submitted via electronic transmission?

<p>It is considered completed upon receipt (B)</p> Signup and view all the answers

What is the JCN formerly known as?

<p>VWC File Number (D)</p> Signup and view all the answers

What is a lien in the context of workers' compensation?

<p>A right or claim for payment against a workers' compensation case (B)</p> Signup and view all the answers

What does Maximal Medical Improvement (MMI) indicate?

<p>An injury is stabilized and unlikely to change substantially (C)</p> Signup and view all the answers

What happens if an injured worker is released with light duty restrictions?

<p>They have to reasonably market their residual work capacity (B)</p> Signup and view all the answers

What are Medical Fee Schedules (MFS) used for?

<p>To outline maximum fees for healthcare providers rendering services (C)</p> Signup and view all the answers

Which of the following statements is true regarding Lifetime Medical Benefits?

<p>Requires a timely filed claim for expenses to be paid (D)</p> Signup and view all the answers

What does the Medical Only Award provide?

<p>Lifetime benefits for authorized medical treatment only (C)</p> Signup and view all the answers

What is required for an injured worker to seek wage replacement?

<p>Claim must be filed within two years from the date of injury (B)</p> Signup and view all the answers

What is indicated by the term 'Light Duty Restrictions'?

<p>A description of work capabilities given by a physician (C)</p> Signup and view all the answers

For what conditions are medical expenses covered under Lifetime Medical Benefits?

<p>Conditions caused by the accident or occupational disease (B)</p> Signup and view all the answers

Flashcards

Electronic Data Interchange (EDI)

In Virginia Workers' Compensation, this is the method of exchanging data electronically between the Commission and those submitting claim reports.

Employer’s Application for Hearing (Form 5A)

A document self-insured employers, insurance carriers, claim administrators or their legal counsel use to request a change in benefits or other relief from the Commission.

Employer

A person or entity who controls the work activities of employees.

Employee

Every person, including aliens and minors, working under a contract, written or implied, for an employer.

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Executive Officer

In Virginia Workers' Compensation, this refers specifically to the president, vice-president, secretary, treasurer or other officer of a legally recognized corporation or limited liability company.

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Employee

Any person, including aliens and minors, working under any contract of hire or apprenticeship, written or implied.

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Deputy Commissioner's Office Scheduling

The Virginia Worker's Compensation Commission schedules a case for a hearing and informs all parties involved about the date, time and location of the hearing.

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Expedited Hearing

A hearing request that can be made if an employer's denial of benefits after the initial compensation is established will cause the worker severe economic hardship.

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Family & Medical Leave Act (FMLA)

A federal law that requires employers to provide unpaid, job-protected leave for specific family and medical reasons.

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First Report of Injury (FROI)

A form that the insurance carrier or self-insurer files with the Commission when an injury occurs.

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Fraud (in Worker's Compensation)

The act of intentionally misleading or deceiving someone in order to gain an unfair advantage.

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Employee Fraud

An employee claims to have suffered an injury on the job, but either did not suffer an injury at all or received the injury during a non-work-related activity.

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Employer Fraud

An employer deliberately underreports the number of employees or the type of work they do to reduce their worker's compensation costs.

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Filing a Document

The formal submission of a document to the Virginia Workers' Compensation Commission.

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Date of Filing

The date the commission receives a document or the date on the postmark of certified mail.

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Medical Fee Schedule

The official list of fees that medical providers can charge for their services under worker's compensation.

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Parties to a claim

Includes the injured worker, employer, insurance carrier, claim administrator, and attorneys of record for all parties. Family members are not considered parties unless specifically authorized by the injured worker.

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Peer Review

A system for evaluating healthcare services, repealed in Virginia in 2017.

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Permanent Partial Disability Benefits (PPD)

Benefits paid for permanent loss of a body part, such as an arm, leg, finger, or eye. Includes vision, hearing, and disfigurement.

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Permanent and Total Disability Benefits (PTD)

Lifetime wage benefits payable to workers with severe injuries like loss of both hands, arms, feet, legs, or eyes, or paralysis.

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Penalty (Late Payments)

A 20% penalty assessed against an insurance carrier for late payments of awarded compensation.

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Penalty (Employer)

A penalty assessed against an employer who fails to secure workers' compensation insurance or to file required reports.

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Petition and Order

A formal request for a change in benefits or other relief from the Workers' Compensation Commission.

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Plaintiff (Workers' Comp)

The injured worker in a workers' compensation claim.

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Professional Employer Organization (PEO)

A person or entity that enters into a written agreement with a client company to provide professional employer services, assuming responsibility for the client's workforce.

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Proof of Service

A document used to show that important papers have been sent to the right people in a case.

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Request for Review

An appeal to the Commissioners to reconsider a decision made by a Deputy Commissioner.

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Return to Work (RTW)

A release from the treating physician indicating the injured worker is able to return to their job.

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Seven Day Waiting Period

Compensation isn't allowed for the first 7 days of an injury. If the injury lasts longer, compensation starts on the 8th day. But if it lasts more than 3 weeks, you get paid for all missed work.

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Lien

A right or claim for payment against a workers' compensation case. It can be filed by a doctor, hospital, or other medical provider.

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Lifetime Medical Benefits

Medical expenses for conditions caused by the accident or occupational disease are payable for as long as necessary, provided a claim was filed within the required time period and the expenses are reasonable and necessary.

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Light Duty Restrictions

The treating physician's description of the work an injured worker can and cannot do.

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Maximal Medical Improvement (MMI)

An injury that is well stabilized and unlikely to change substantially, with or without medical treatment. Once an injured worker reaches MMI, a physician can assess how much, if any, permanent partial disability resulted from the work injury.

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Medical Only Award

An Award that provides lifetime medical benefits for reasonable, necessary, and authorized medical treatment causally related to the work-related injury; this Award does not provide wage replacement.

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JCN (Job Case Number)

A unique identification number assigned to a workers' compensation case. It's used in all communications with the Virginia Workers' Compensation Commission.

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Mediation

A method of resolving disputes in workers' compensation cases through a process that involves a neutral third party.

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Reimbursement of Medical Expenses

The injured worker is reimbursed for out-of-pocket medical expenses (prescriptions) and reasonable medical mileage. All medical bills should be sent to the Claim Administrator for payment.

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Statute of Limitations

The statute of limitations for most workers' compensation claims is two years from the date of injury, but certain statutes pursuant to Code Section 65.2 may toll the statute of limitations.

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Study Notes

Addendum #1 - State Specific Terms (Virginia)

  • 20-Day Order Payments Made: An official court document is created when the Claim Administrator reports payments to the Commission exceeding $3,500. The Claim Administrator has 20 days to respond. This document is generated when no Award has been entered.
  • 30-Day Order Claim Filed: A court document requiring the Claim Administrator, Insurance Carrier, and/or Designated Representative to respond to an injured worker's claim form within 30 days. They may either accept or deny the claim.
  • 90-Day Rule: Relates to Change in Condition.
  • 500 Weeks: The maximum number of weeks an injured worker can receive compensation. This applies except in cases related to permanent and total incapacity, and some occupational diseases.
  • Alternative Dispute Resolution/Mediation: A voluntary and confidential process to resolve disputes without a hearing. A neutral third party, the mediator, aids the parties in finding a solution. An injured worker doesn't need a lawyer unless they want help with a compromise settlement.
  • American Medical Association (AMA): A national physician's group that publishes guidelines for evaluating permanent impairment. Physicians can use these guides to determine the level of impairment.
  • Amputation Chart (Form 7): A physician completes this form to indicate the point of amputation.
  • Appeal: A higher court can review a decision.
  • Assertion of Rights: A protective filing protecting the rights of the injured worker without immediate action on the claim.
  • Attending Physician's Report (Form 6): An optional form completed by the attending physician describing the injury's nature and extent.
  • Average Weekly Wage (AWW): Earnings of the injured worker in their job during the injury. Calculated by adding the worker's wages for 52 weeks before the injury and dividing by 52.
  • Award: The grant or denial of benefits or other relief under the Virginia Worker's Compensation Act.
  • Award Order: Refers to the award.
  • Award Agreement: A form completed by the Claim Administrator when a claim is accepted and the injured worker is eligible for an award; providing the basis for compensation.
  • Benefits Covered Under the Act: Wage replacement, lifetime medical benefits, permanent partial impairment, permanent and total disability, death benefits, cost of living increase, and vocational rehabilitation are all covered.
  • Worker's Comp Commission: Website link provided for accessing information.
  • Annual Report: Link provided, likely for the 2021 report.
  • BONUS: Another link related to injuries by locality for 2021.

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