WC Checklist - Summary Workers\' Compensation PDF

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WORKERS’ COMPENSATION CHECKLIST The Formula  Accident jurisdiction?  If no accident, is this a gradual injury?  If so, what is theory of claim? (review law of jxdn)  Arising Out of  Increased Risk or positional risk?  Personal risk?  Special rules?  In the Course of  Did injury or death occur at work?  If not, what is the course of employment argument (ticking time bomb, detour?) (review law)  Employment Relationship  Employer appears to be statutory employer? If not, review requirements  Employee appears to be statutory employee? If no, review requirements  Authorized worker (no immigration issues) Extent of Incapacity  Permanent Incapacity  Total or partial?  Contested medical evidence?  If not, candidate for expedited lump sum?  Temporary Incapacity  Total or partial?  Contested medical evidence?  Still employed by injury employer?  Work search efforts required?  Average Weekly Wage Computation  Post-Injury employment?  Review statutory modes of benefit computation Evidence  Identify treating physician(s)  Supportive physician and medical records?  Identify employer/insurer physician(s)  Known adverse reports or other documents?  Independent medical examiner assigned?  Review IME’s track record on client’s medical issue  Additional experts required? Voc Rehab?  Sufficient recent supporting medical reports or other documents? Death Benefit Case  Check for issues in underlying WC Case  Identify surviving dependents  Determine dependency  Calculate benefits and confirm with WC Board Third Party Actions  Arguably intentional employer conduct?  Check jxdn for limits on exclusive remedy rule  Check facts for possible third party tort liability  If possible third liability, check state of residence of potential tortfeasor and record limitations period for file  Analyze subrogation issues—Lien imposed or likely to be imposed?...