QUESTIONS AND CORRECT ANSWERS
GRADED A+
◉ 3 types of substantive medical disputes resolved by QMEs.
Answer: (1) Compensability of the claim;
(2) Permanent disability;
(3) "Catch-all" (temporary disability, work restrictions, new and
further disabilities after permanent disability (detereoration of
original injury), compensability of new body part added to claim)
◉ Definition of *injury* in compensability claims. Answer: (1) An
injury or disease arising out of employment;
(2) A *derivative* injury caused by treatment of an injury arising out
of employment;
(3) Any reaction to or side effect from preventative health care the
employer provides to health care workers
◉ *Specific injury*. Answer: Occurs as the result of a single incident
or exposure
◉ *Cumulative injury*. Answer: Results from repetitive trauma
(mental or physical) over a period of time
,◉ 2 requirements for a condition to be considered an injury.
Answer: (1) Cause disability; or
(2) Result in a need for medical treatment
◉ Occupational disease. Answer: Disease that in whole or part is
caused by work
◉ 7 types of excluded injuries. Answer: (1) Caused by employee's
use of alcohol or illegal controlled substances;
(2) Intentionally self-inflicted injuries;
(3) Suicide;
(4) Resulting from altercations, in which the injured employee is the
*initial physical aggressor*;
(5) Resulting from the employee's commission of a felony, for which
the employee has been convicted (including "wobbly felonies,"
which are crimes that may be prosecuted as misdemeanors or
felonies)
(6) Resulting from off-duty recreational activities, in which
participation in the activities does not constitute part of the
employee's work-related duties and the activity is not an expressed
or implicit condition of employment;
(7) Psychiatric injuries claimed after notice of termination/layoff
unless certain conditions exist
, ◉ 4 basic conditions to establish a workers' compensation claim.
Answer: (1) *Injury* (physiological or psychological harm);
(2) Employment relationship;
(3) Injury caused by the employment (This is also referred to as
arising out of employment [AOE].);
(4) Occurred in the course of the employment (COE)
◉ Aggravation of a pre-existing, non-industrial condition. Answer:
(1) Causes a temporary or permanent increase in disability;
(2) Creates a new need for medical treatment; or
(3) Requires a change in the existing course of treatment
◉ Symptoms that don't constitute a new injury. Answer: *Flare-ups*
or *recurrence* of a previous industrial injury or illness; not been
caused by the current employment
◉ Date of injury (DOI)-specific injury. Answer: Date on which the
incident or exposure occurred
◉ Date of injury (DOI)-cumulative injury. Answer: Date when the
employee first suffered disability from the exposure, and either
knew, or should have known, that the disability was caused by
present or previous employment