FINAL EXAMINATION
WORKERS’ COMPENSATION
Professor GAINES
FALL 2003

1. You have two (2) hours to complete this exam. There are two (2) essay questions in this exam. Each question is worth 50% of the grade.

2. This is a closed book exam.

3. Please write your responses in the blue books provided to you. Write only on one side of the page and double-space your work, written or typed. Please write legibly.

4. Write you exam number on your exam envelope, at the top of this exam question packet and your used blue books. Do not use your name, student ID number or Social Security Number on any exam materials.

5. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

GOOD LUCK!


Exam Question # 1

Herman Swift considers himself an Artist in Paint, and he advertised himself that way. It was on his truck and on his business cards. One day, July 4, 2002, he ran into an old friend, Doris Greysuit. They agreed to meet at his shop/studio, on the following day, to discuss some business venture of hers. She was planning to open an office-organizing project. She was looking for a logo that she could put on her auto and also her stationery. Her office was in Oakland, California, although she lived on a boat in Spokane, Washington. It was tentatively agreed that he would receive $1,000.00 upon acceptance of a drawing.

She left and he began on the project, immediately. After a couple of days, he called her and reached her on her boat in Spokane. He had several suggested logos for her to look at and she invited him to bring them to Spokane. She told him to rent a car with her credit card number, which he did.

Although he did not have to be there until Saturday, he left his shop on Wednesday, with the rental car, loaded with sketches and his equipment. On Thursday, he stopped for lunch in Eureka, just south of the border with Oregon. He had a beer with lunch, but did not feel his abilities were in any way impaired. He got back on the freeway, just in time to have a car cut in front of him, a maneuver that Herman thought was dangerous and most uncivil. He caught up with the car and made an obscene gesture, at which point the driver pulled a pistol out of the glove compartment and took a shot at Herman. Herman was hit in the shoulder, but he was able to drive to an emergency hospital. He was treated and released after telling the police about the incident. The wound left him with a permanent slight impairment of the right shoulder, which also caused some pain on occasion, necessitating the use of pharmaceuticals. Herman had suffered from a condition of the left arm as the result of a childhood injury. This condition resulted in some pain and restricted movement, but he had learned to “live with it” and get on with his life.

On August 10, 2003, Herman consults you about his problems. He advises that Doris had not said anything to him regarding workers’ compensation, but he had only recently been made aware of the possibility of medical payments by a newspaper article.



Exam Question #2


George Raftor was an employee of Hero Bros., Inc. He worked on a huge machine producing unique bolts for use in a military vehicle. The machine, with George, was capable of producing 1,000 of these bolts in an hour but George could get 1,500 per hour. The supervisor on the floor during George’s shift, Bob Englebart, thought that George should be able to produce 2,000 per hour and he made known this thought to George and to anyone else who would listen. George was feeling pressure to produce more. On August 10, 1999, George ran his right hand into the machine and severely injured it. Bob called the ambulance and tried to comfort George and apply ice to the injured area. George was placed in the ambulance and taken to the emergency room where surgery was performed. George was kept in the hospital for three days and a course of physical therapy was started. Bob did call to ask when George would be back to work and was told it would be a month, at least.

George followed the routine set up by the physical therapist and after six months his condition was described as permanent and stationary. He had been receiving payments of unemployment benefits and was advised that those payments were ending and that he should seek help from the workers’ compensation insurance carrier. Although he said he was afraid he would lose his job, he did call the insurance company and was told they had no knowledge of his injury. He was sent some forms which he filled out. Upon receiving the claim forms from George, the ambulance bill was paid, but not the other expenses.

On August 28, 2000, George comes to your office for advice. He tells you about his accident and that he was careless in using the machine. He is convinced the injuries he sustained were mostly his fault. He was also fearful of losing his job. You obtain his medical records and, upon review, you discover he had previously injured his back and this had been causing problems over the years. On occasion he would miss work for weeks at a time, and was in the hospital for treatment in the past two years, on at least two occasions.

George also informs you that before the doctor said he was permanent and stationary, he told him that he could go back to work, but that he could not use his right arm.

END OF EXAM