WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 1.** Which California Labor Code section grants the Workers’
Compensation Appeals Board (WCAB) authority to adjudicate workers’
compensation claims?
A) § 3200
B) § 4600
C) § 5400
D) § 6200
**Answer:** B
**Explanation:** Labor Code § 4600 establishes the WCAB as the administrative
body that hears and decides workers’ compensation disputes.
**Question 2.** In a contested claim, what is the primary purpose of filing the
Declaration of Readiness to Proceed (DOR)?
A) To demand a trial date from the judge
B) To notify the employer that the employee is ready for settlement conference
C) To set the deadline for the employer to file a responsive pleading
D) To indicate that the employee has complied with all discovery obligations and is
ready for trial
**Answer:** D
**Explanation:** The DOR signals that the claimant has completed discovery and
is prepared to move forward to trial.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 3.** Which of the following is NOT a required element of the
Application for Adjudication of Claim (ADJ) in California?
A) Date of injury
B) Name of treating physician
C) A detailed medical history for the past ten years
D) Description of the work performed at the time of injury
**Answer:** C
**Explanation:** The ADJ requires injury date, employer, and work description,
but not a ten‑year medical history.
**Question 4.** An employer wishes to challenge a QME report on the ground
that the evaluator failed to apply the AMA Guides. Which procedural step is most
appropriate?
A) File a motion to vacate the report at trial
B) Submit a written objection to the report within 30 days of service
C) Request a new QME evaluation without objection
D) Appeal directly to the Court of Appeal
**Answer:** B
**Explanation:** Under WCAB rules, a written objection to a QME report must be
filed within 30 days of receipt.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 5.** The “Presumption of Correctness” applies to which type of
medical report?
A) QME report
B) AME report
C) Primary Treating Physician (PTP) report
D) Independent Medical Review (IMR) decision
**Answer:** C
**Explanation:** The PTP’s report is presumed correct unless the employer
successfully challenges it.
**Question 6.** Which of the following best describes “apportionment” under
Labor Code §§ 4663 and 4664?
A) Dividing a worker’s compensation award among multiple claimants
B) Allocating the percentage of disability caused by a work injury versus a
non‑work injury
C) Determining the proportion of benefits to be paid by the employer and the
insurer
D) Splitting the award between medical expenses and lost wages
**Answer:** B
**Explanation:** Apportionment assigns responsibility between work‑related and
non‑work‑related causes of injury.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 7.** When may a claimant elect to have an Agreed Medical Evaluator
(AME) instead of a Qualified Medical Evaluator (QME)?
A) When the claimant is represented by counsel
B) When the employer has a written agreement with the claimant on the AME’s
selection
C) When the claimant’s injury is a cumulative trauma claim
D) When a QME is unavailable within 30 days
**Answer:** B
**Explanation:** An AME is selected by mutual agreement of the parties; no
representation status is required.
**Question 8.** Which discovery tool is most suitable for obtaining employment
records that are not in the employer’s possession but are held by a third‑party
payroll processor?
A) Interrogatory
B) Request for Production of Documents (RFPD)
C) Subpoena Duces Tecum
D) Request for Admission
**Answer:** C
**Explanation:** A subpoena duces tecum compels a non‑party, such as a payroll
processor, to produce documents.
Compensation Claims Practice Exam
**Question 1.** Which California Labor Code section grants the Workers’
Compensation Appeals Board (WCAB) authority to adjudicate workers’
compensation claims?
A) § 3200
B) § 4600
C) § 5400
D) § 6200
**Answer:** B
**Explanation:** Labor Code § 4600 establishes the WCAB as the administrative
body that hears and decides workers’ compensation disputes.
**Question 2.** In a contested claim, what is the primary purpose of filing the
Declaration of Readiness to Proceed (DOR)?
A) To demand a trial date from the judge
B) To notify the employer that the employee is ready for settlement conference
C) To set the deadline for the employer to file a responsive pleading
D) To indicate that the employee has complied with all discovery obligations and is
ready for trial
**Answer:** D
**Explanation:** The DOR signals that the claimant has completed discovery and
is prepared to move forward to trial.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 3.** Which of the following is NOT a required element of the
Application for Adjudication of Claim (ADJ) in California?
A) Date of injury
B) Name of treating physician
C) A detailed medical history for the past ten years
D) Description of the work performed at the time of injury
**Answer:** C
**Explanation:** The ADJ requires injury date, employer, and work description,
but not a ten‑year medical history.
**Question 4.** An employer wishes to challenge a QME report on the ground
that the evaluator failed to apply the AMA Guides. Which procedural step is most
appropriate?
A) File a motion to vacate the report at trial
B) Submit a written objection to the report within 30 days of service
C) Request a new QME evaluation without objection
D) Appeal directly to the Court of Appeal
**Answer:** B
**Explanation:** Under WCAB rules, a written objection to a QME report must be
filed within 30 days of receipt.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 5.** The “Presumption of Correctness” applies to which type of
medical report?
A) QME report
B) AME report
C) Primary Treating Physician (PTP) report
D) Independent Medical Review (IMR) decision
**Answer:** C
**Explanation:** The PTP’s report is presumed correct unless the employer
successfully challenges it.
**Question 6.** Which of the following best describes “apportionment” under
Labor Code §§ 4663 and 4664?
A) Dividing a worker’s compensation award among multiple claimants
B) Allocating the percentage of disability caused by a work injury versus a
non‑work injury
C) Determining the proportion of benefits to be paid by the employer and the
insurer
D) Splitting the award between medical expenses and lost wages
**Answer:** B
**Explanation:** Apportionment assigns responsibility between work‑related and
non‑work‑related causes of injury.
, WCCA 15 Discovery and Litigation in CA Workers
Compensation Claims Practice Exam
**Question 7.** When may a claimant elect to have an Agreed Medical Evaluator
(AME) instead of a Qualified Medical Evaluator (QME)?
A) When the claimant is represented by counsel
B) When the employer has a written agreement with the claimant on the AME’s
selection
C) When the claimant’s injury is a cumulative trauma claim
D) When a QME is unavailable within 30 days
**Answer:** B
**Explanation:** An AME is selected by mutual agreement of the parties; no
representation status is required.
**Question 8.** Which discovery tool is most suitable for obtaining employment
records that are not in the employer’s possession but are held by a third‑party
payroll processor?
A) Interrogatory
B) Request for Production of Documents (RFPD)
C) Subpoena Duces Tecum
D) Request for Admission
**Answer:** C
**Explanation:** A subpoena duces tecum compels a non‑party, such as a payroll
processor, to produce documents.
