Abbreviated
Contents
1. Introduction
Statutory Scheme
"Liberal Construction"
2. Jurisdiction
Exclusions
Third-party Suits
Civil Actions Against Employers
Election of Remedies
3. The Employment Relationship
Pre-employment Occurrences
Multiple Employments
Rights of Excluded Workers
Included Employees
4. Injury
Date and Time of Injury
Industrially-caused Aggravations
Cumulative Injury
5. Course of Employment
Personal Comfort Doctrine
Permitted and Prohibited Activity
Off-premises Injuries
Recreational and Social Activities
6. Arising out of Employment
Sufficiency of Medical Evidence
Stress-related Ailments
Assaults, Altercations, and Horseplay
Intoxication
Subsequent Incidents
7. Temporary Disability
Period of Disabilty
Computation of Rates
Earning Capacity
Indemnity
Termination of Benefits
8. Permanent Disability
Permanent Partial Disabilities
Disability Evaluation Unit
Formal Rating Reports
The Rating Schedule
Selection of Factors
Apportionment
Indemnity
10. Vocational Rehabilitation Benefits
"Qualified Injured Worker"
Monitoring and Notice Requirements
Vocational Rehabilitation Plans
Temporary Disability Maintenance Allowance
Rehabilitation Unit Procedures
Appeal
11. Death Benefits
Entitled Dependents
Priorities
12. Penalties for Fault
Serious and Willful Misconduct
Unreasonable Delay or Refusal
Unlawful Discrimination
13. Insurance
Sanctions
Uninsured Employer’s Fund
Coverage
14. The Delivery System
Notice Requirements
DWC Audit and Penalty Authority
Anti-fraud Legislation
Information and Assistance Program
15. Settlements
C&R Approval Procedures
Legal Effect of Compromise and Release
Disposition of Lien Claims
16. Pleadings, Parties, Service, Venue, and
Dismissal
Claim Form, Application
Answer
Papers and Other Pleadings
Amendment, Dismissal
17. Attorneys and Representatives
Attorney’s Fees
Award of Fee
Disciplinary Proceedings
Contempt Sanctions and Procedures
18. Statute of Limitations
Employer/Employee Notices
Time for Filing Claims
Date of Injury
Waiver and Estoppel
Continuing Jurisdiction
19. Preparation for Trial and other Pretrial Matters
Pretrial Determination of Medical Issues
Qualified Medical Evaluators
Board Proceedings
Reports of Medical Evaluations
Recovery of Medical-Legal Costs
Obligation to File and/or Serve
Medical Records
Pretrial Discovery
20. Setting for Trial and Trial
Request for Hearing
Expedited Hearings
Mandatory Settlement Conference
Disqualification of Hearing Officers
The Board File
Arbitration Process
Notice of Intention Procedures
Contempt
21. Judgments
Findings and Award or Order
Allowable Liens
Lien Claim Procedures
Credit, Restitution, Commutation
Enforcement of Orders
22. Reconsideration and Review
Petition for Reconsideration
Grounds, Form, Procedures
Board Powers and Duties
Judicial Review
Appellate Proceedings
23. Third Party Suits
Employee’s Right to Sue
Employer or Carrier Rights
Effect of Employer Fault
Rights of Third Party
Tables of Forms, Cases, Statutes
Index |
