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Workers' Compensation Handbook - Terms & Definitions

Summary: Glossary - Workers Compensation Terms & Definitions
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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

Term Definition
ADA Americans with Disabilities Act
AHR academic human resources
AOE Arising Out of Employment. An injury, disease or medical condition must meet the test of both Arising Out of Employment and occurring during the Course Of Employment to be compensable (covered) under Workers Compensation law. For an injury to be eligible for Workers Compensation benefits, the injured party must be an employee/volunteer; the employee/volunteer must be engaged in job activities at the time of injury and job activities must be a proximate cause of the injury.
Break-in time the time frame allowed for a new or returning worker to adjust to the job's workload; also referred to as work hardening
claim form The Employees Claim for Workers Compensation Benefits form (DWC-FORM 1) is a State of California document used by employees to file for Workers Compensation benefits. A claim form is provided to an employee by the treating physician or by Risk Services if medical treatment is beyond first aid, or by Risk Services upon request.
COE Occurring during Course of Employment An injury, disease or medical condition must meet the test of both arising out of employment and occurring during the Course Of Employment to be compensable (covered) under Workers Compensation law. For an injury to be eligible for Workers Compensation benefits, the injured party must be an employee/volunteer; the employee/volunteer must be engaged in job activities at the time of injury and job activities must be a proximate cause of the injury.
death benefit Money payable to financial dependents of an employee who dies as a result of a work-related injury.
delay in decision A notice to the employee advising that a decision to accept or deny liability for the claim will be delayed for 90 days or less. This allows adequate time to investigate claims and gather medical records to support the claim without risking a penalty for failure to provide benefits within a reasonable time.
disability

The ADA defines disability as follows:

  1. a physical or mental impairment that substantially limits one or more of the major life activities (such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working);
  2. anyone having a record of such an impairment; or
  3. anyone regarded as having such an impairment
EAP employee assistance program
EEO equal employment opportunity
EH&S Environmental Health & Safety
emergency medical condition A medical condition manifesting itself by an acute symptom of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the health of the individual in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.
EPD employee-paid disability
ergonomics The science of fitting work or workplace to the human body, to help avoid injury or illness due to occupational stressors.
extended sick leave - ESL A University benefit that provides the injured employee with up to 26 weeks of 80% salary after sick leave credits are exhausted. The department pays the difference between temporary disability rate and the 80% salary.
FEHA Fair Employment and Housing Act
FMLA Family Medical Leave Act
injury

For Workers Compensation purposes, any injury or disease arising out of employment. There are three types of injuries:

  1. specific incident;
  2. repetitive or cumulative over time;
  3. an aggravation of a medical condition which is either pre-existing to employment or not directly related to employment.
medical only (MO) claim A work-related injury case, which there is no lost time away from work.
medical separation Medical Separation is an action the University takes to separate an employee from University employment when that employee is unable to perform essential, assigned functions fully due to medically disabling conditions. Medical separation may only be considered, after all employee leave benefits have been exhausted and there is no way to reasonably accommodate the employee.
Medical separation should not be used as a way to separate a disabled or injured employee with job performance problems, unless the identified medical condition is the primary cause of the individual's job performance difficulties or inability to work and negatively impacts the performance of essential job functions.
medical treatment The injured or ill employee is entitled to reasonable treatment to cure or relieve the effects of the work-related injury or illness. This also includes prescriptions or prescribed items such as heating pads, wrist rests, etc.
multi-forum claim A term used in University claim administration to describe an employees filing for relief in two or more legal venues for a single medical or injury condition (example: wrongful termination plus a workers compensation stress claim plus a grievance.)
no-fault Neither the employee nor the employer needs to be proven negligent for a Workers Compensation claim to be accepted.
occupational injury Any injury, such as a cut, fracture, sprain, amputation, etc., that results from a work-related event or from a single instantaneous exposure in the work environment.
OPRS UC Office of the President's Office of Risk Services
permanent and stationary - P&S The condition that exists when an injured employee has reached the maximum point of recovery as determined by the treating physician.
permanent disability - PD When the injury is found to be permanent and stationary, the employee may be entitled to a permanent disability rating. The extent of the work preclusion is determined by a physician. The physician's report is rated and given a dollar value based on state guidelines and the injured worker receives a cash award.
reasonable accommodation (under the ADA)

When evaluating whether or not an employee with a disability is able to perform essential job functions, consideration must be given to attempting to provide a job accommodation. This accommodation must be reasonable and would allow the individual to continue to perform the job in an effective and safe manner. Reasonable accommodation may include the following:

  1. Making the job facility accessible to the employee with a disability;
  2. job restructuring;
  3. part-time or modified work schedules; or
  4. providing adaptive equipment, services or aids.
SDI State Disability Insurance
Sedgwick Sedgwick Claims Management Services (formerly Octagon Risk Services)
SHR staff human resources
suitable gainful employment Employment that is reasonably attainable and offers an opportunity to restore the employee as soon as is practical and as near as possible to maximum self-support. Considerations are given to the employees qualifications, likely permanent disability, vocational interest and aptitudes, pre-injury earnings and future earning capacity, and the present and projected labor market.
temporary disability - TD Money paid to an employee who is temporarily unable to work because of a work-related injury or illness. The Labor Code mandates a payment of two thirds of the average weekly salary up to the maximum amount established by the Labor Code.
TPA third party administrator
temporary total disability (TTD) benefits TTD is the condition of being medically incapacitated from doing work because of a work injury. TTD benefits are paid to an individual who is unable to work due to a work-related injury. The amount is calculated at 2/3rds of the average weekly wage up to a maximum amount established by the Labor Code.
UPD University-Paid Disability

vocational rehabilitation - VR

for injuries prior to 1/1/04

Efforts on behalf of an employee who cannot return to his/her customary job. These services may include, but are not limited to, vocational and medical evaluation, counseling, job analysis, job modification assistance, modification of the worksite to accommodate the disability, job placement assistance or a formal training program, and placement assistance into a new, more appropriate line of work.
VRC vocational rehabilitation counselor

Vocational Rehabilitation Plan

for injuries prior to 1/1/04

The written description that proposes the method for a qualified injured worker to be returned to suitable gainful employment. The plan typically specifies the anticipated completion date of vocational rehabilitation services and the amount and source of payments to be made to the qualified injured worker during the period of the plan.
WCAB Workers' Compensation Appeals Board
WCO workers' compensation office
WCU workers compensation unit

Last revised: November 02, 2007 (am)