evidence that is allowed to be introduced at a workers’ compensation hearing.
an old injury, disease or medical condition that is worsened in a major or substantial way by work activities. Note that the original injury or disease that is worsened does not have to be work-related. The aggravation of a pre-existing condition is treated as a new injury.
the average wage earned by an injured worker calculated on a weekly basis. In most cases, the calculation is based on wages earned in the 12-month period preceding the date of injury. In rarer cases the calculation is based on a shorter period of time depending on how long the injured worker was employed by the time of injury employer. The AWW is used to determine the injured workers’ weekly workers’ compensation rate.
this refers to the duty or obligation of a party to a workers’ compensation case to offer evidence to prove or convince a Judge that his/her side of the case or argument is legally correct.
this is the relationship that has to be established between a work injury and employment.
Example: “John’s medical records established there was a causal connection between his low back injury and the fall he had at work”.
an injured person who makes a claim for workers’ compensation benefits.
Example: “As a result of her injury the Claimant received total disability benefits and medical coverage”.
the amount of compensation benefits paid to an injured worker. The compensation rate is based on the injured workers’ average weekly wage. In most instances, the compensation rate is 2/3 of the average weekly wage. Low wage earners can receive up to 90% of their AWW.
an agreement to resolve or otherwise settle outstanding issues in a workers’ compensation case. In most instances, a lump sum of money is paid to an injured worker to compensate him/her for disability, loss of use or disfigurement. In the overwhelming number of cases a C&R is a full and complete settlement of all claims, including future medical. A C&R can be tailored made to fit the circumstances of each case. A C&R is often referred to as a “settlement”.
out of court testimony given by a witness to be used in a workers’ compensation case. Typically, the attorneys and a court reporter meet with the witness at the witness’s office, an attorney’s office or at the witness’s home. This testimony is then transcribed by the court reporter and presented to the Workers’ Compensation Judge. Depositions are used for the convenience of the witness or if the witness cannot appear before the Workers’ Compensation Judge in person.
Example: “Frank’s attorney took a deposition of his doctor because the doctor’s schedule was such that he could not testify at the time of his hearing”.
benefits that are paid for scars of the head, neck or face that are permanent and unsightly.
Example: “Fred received disfigurement benefits because of a permanent and unsightly scar that was on his forehead as a result of a work injury”.