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Exam (elaborations)

QME Exam Questions and Correct Answers | Latest Update

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when was the 1st work comp act passed? ~:- 1911, SEVENTEEN DAYS AFTER THE DEVISTATING FIRE AT THE TRIANGLE SHIRTWAIST COMPANY FACTORY IN NEW YORK TOOK 146 LIVES WHAT ARE THE 3 COMPONENTS OF THE WORK COMP SYSTEM ~:- 1. NO FAULT 2. EXCLUSIVE REMEDY 3. ASSURED FIXED BENEFIT NO FAULT ~:- e ...

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  • September 25, 2024
  • 17
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
  • QME
  • QME
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Best Grades | Must Pass | Latest Update | Correct Answers | 2024/2025




QME Exam Questions and Correct
Answers | Latest Update
when was the 1st work comp act passed?


✓ ~:- 1911, SEVENTEEN DAYS AFTER THE DEVISTATING FIRE AT THE TRIANGLE

SHIRTWAIST COMPANY FACTORY IN NEW YORK TOOK 146 LIVES




WHAT ARE THE 3 COMPONENTS OF THE WORK COMP SYSTEM


✓ ~:- 1. NO FAULT

2. EXCLUSIVE REMEDY

3. ASSURED FIXED BENEFIT




NO FAULT


✓ ~:- e employer is required to pay benefits no matter who caused the

injury, as long as the injury arose out of or occurred in the course of

employment.




EXCLUSIVE REMEDY


✓ ~:- less the employer is uninsured, the worker cannot pursue other

forms of recovery from the employer, even if the employer was grossly

negligent.




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, Best Grades | Must Pass | Latest Update | Correct Answers | 2024/2025


ASSURED AND FIXED BENEFIT


✓ ~:- The workers' compensation system establishes defined benefits,

which must be paid for by the employer. Workers' compensation

awards are typically far less than comparable negligence awards in a

civil suit. For example, although the maximum workers' compensation

death benefit may be far less than the possible award in a civil

wrongful death suit, a civil action may take years to resolve while a

death claim can be re-solved in as little as a few months. Additional

recoveries are available to employees for an employer's serious and

willful misconduct and unlawful discrimination (Labor Code § 132a and

§ 4553). Although group health coverage may include arbitrary limits

on the extent of treatment covered, workers' compensation is a

statutory benefit with no arbitrary limits on the frequency, duration, or

extent of services.




WHAT TYPE OF INJYURIES ARE EXCLUDED


✓ ~:- deliberately self-inflicted injuries are excluded from coverage




WHAT HAPPENS IF THE INJURY IS DUE TO SERIOUS MISCONDUCT OF THE

EMPLOYER?




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, Best Grades | Must Pass | Latest Update | Correct Answers | 2024/2025


✓ ~:- For injuries that result from the serious and willful misconduct of the

employer, the employee's compensation is increased by half




WHAT HAPPENS IF THE INJURY IS DUE TO SERIOUS MISCONDUCT OF THE

EMPLOYEE?


✓ ~:- For injuries that result from the serious and willful misconduct of the

injured employee, benefits are reduced by half, unless the injury

resulted in death or a per-manent disability of 70% or more; the injury

resulted from failure of the employer to comply with the law or safety

and health regulations; or the employee was under 16 years old at the

time of in-jury




WHAT MEASURES WERE ENACTED IN 2003 AND 2004


✓ ~:- measures were enacted that allowed employers (1) to establish

medical pro-vider networks—from which injured workers are required to

select treating doctors, (2) to conduct utilization review to ensure that

medical care was consistent with evidence-based guidelines, and (3)

to limit the amount of physical therapy and chiropractic treatment.

These measures also affect-ed permanent disability ratings and benefit

payments to injured workers. An evidence-based medi-cal treatment

utilization schedule (MTUS), or set of guidelines, was also adopted.




WHAT MEASURES WERE ENACTED IN 2013


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