[MCLE Self-Assessment Test]

MCLE Self-Assessment Test

May 1998

Answer the following questions after reading the Workers' Compensation article on "Running Your Office." Use the answer form provided to send the test, along with a $20 processing fee, to the State Bar. Please allow at least eight weeks for MCLE certificates to reach you in the mail.

1. An employer has one working day after notice of an injury in which to give a claim form to the employee.

2. No claim form is required where there is no lost time from work and there is no medical treatment beyond first aid.

3. First aid means initial treatment reasonably required to stabilize an injury prior to hospitalization.

4. Actual knowledge of an injury, obtained by the employer from any source, is sufficient to "notice" under Labor Code Section 5400.

5. The claim form should be given to the employee in person or by first class mail, together with a notice of procedures and assistance available to the injured employee, including notice of the right to consult an attorney.

6. The notice that making a knowingly false or fraudulent claim for workers' compensation benefits is a felony may be included with the claim form.

7. A claim form is deemed filed when it is personally delivered to the employer or mailed to the employer by first class or certified mail.

8. A claim form, which is not denied within 90 days of the date the employee files the claim, is presumed compensable.

9. The presumption of compensability may only be rebutted by evidence discovered either prior to or subsequent to the 90-day period.

10. Once the claim has been reported to the carrier, the employer may assume that the carrier will, through its investigation, learn all pertinent facts.

11. An employer should promptly notify its carrier in writing whenever the employer has actual knowledge of facts which would tend to disprove any aspect of the employee's claim.

12. Where, after the employer has notified its carrier in writing of its belief that no compensation is due, the carrier may nonetheless request approval of a settlement of the claim by the appeals board so long as the employer receives 15 days written notice of the upcoming hearing on the settlement.

13. Where the appeals board approves a settlement properly contested by the employer and later determines that no compensation was payable, the employer is entitled to reimbursement of premium paid as a result of an increased experience modification resulting from the contested payment.

14. Medical reports of treating physicians are always admissible on all issues in a workers' compensation proceeding.

15. An employee is free to obtain a forensic medical/legal evaluation at any time during the first 60 days following notification to the employer.

16. An employer should always give employees an opportunity to designate his or her treating physician by posting a notice regarding rights under workers' compensation.

17. The employer always controls medical treatment during the first 30 days so long as there has been a timely offer of treatment.

18. An employee may pre-designate his or her treating physician, thereby obtaining medical treatment control from the date of injury.

19. The 30-day period of employer-controlled treatment may never be extended.

20. It is beneficial for the employer to obtain quality medical treatment for his or her employees for a number of reasons.

This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour, of which 1 hour will apply to law practice management..

The State Bar of California certifies that this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education.