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Workers Compensation Law Exam Guide

Workers’ Compensation Law Exam Structure

  • The workers' compensation exam is offered with ExamSoft Remote Proctoring preferred.
  • Four 90-minute modules (six hours long).
  • Exam Sessions will begin around 8 AM and finish prior to 5 PM.

Morning Module 1

  • Includes 50 objective (multiple choice) questions. 
  • Open book materials will be provided.
  • Calculators are allowed.

Morning Module 2

  • Includes 50 objective (multiple choice) questions. 
  • Open book materials will be provided.
  • Calculators are allowed.

60-minute lunch break

Afternoon Module 1

  • Includes 1 long essay question.
  • Includes 10 short answer questions.
  • Open book materials will be provided.
  • Calculators are allowed.

Afternoon Module 2

  • Includes 1 long essay question.
  • Includes 10 short answer questions.
  • Open book materials will be provided.
  • Calculators are allowed.

All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved, and correct application of those principles. Full or partial credit for answers may be given. Applicants must pass both the morning modules (multiple choice) and the afternoon modules (short answer and essay) to receive a passing score on the exam and attain board certification.

Open Book Exam Materials:

  • The Statutes in Chapter 97 (the Workers’ Compensation Act)
  • The Industrial Commission rules

These materials are provided by the North Carolina State Bar and are available for the morning and afternoon sessions. Applicants are not permitted to bring any additional materials with them to the exam sessions.

Subject Matter

The examination may cover the applicant's knowledge and application of the law in the following topics:

(A) Chapter 97 of the NC General Statutes and the case law interpreting Chapter 97

(B) Workers' Compensation Rules of the NC Industrial Commission

(C) Rules for Utilization of Rehabilitation Professionals of the NC Industrial Commission

(D) Rules for Mediated Settlement and Neutral Evaluation Conferences of the NC Industrial Commission

(E) The intersection of any federal or state law with the North Carolina Workers’ Compensation Act and related rules and cases.

Study Tips: Read Chapter 97 and Annotations; Read the Industrial Commissions’ Rules; Read the appellate case law which interprets the major issues, including but not limited to:

Workers’ Compensation Law Exam Topics

Accident Cases

Forms and Form Agreements

Appeal Procedures

Independent Contractors and Subcontractors

Average Weekly Wage

Industrial Commission Procedures

Attorney Fees

Medical Compensation

Burdens of Proof and Presumptions

Medical Rehabilitation

Change of Condition

Vocational Rehabilitation

Compensation from Sources Outside the Workers’ Compensation Act

Occupational Disease

Conditions Precedents and Statutes of Limitations

Return to Work Issues

Death Benefits

Settlements

Disability Compensation

Vocational Rehabilitation

 

Sample Questions/Answers

(Please note that sample questions were taken from previous exams and are included only as a reference for types of questions and suggested answers. They are not intended for use as legal authority.)

1) Plaintiff has prevailed through the appellate chain. Interest is:

(A) Not Payable

(B) Payable on the indemnity compensation accrued

(C) Payable on medical compensation accrued

(D) B and C

Answer: D

2) If all parties agree, can they utilize neutral evaluation instead of a mediation without the consent of the North Carolina Industrial Commission

(A) No

(B) Yes, as long as it is concluded within the time allowed for mediation

(C) Yes, as long as they notify the Dispute Resolution Coordinator prior to the appointment of a mediator

(D) Yes, if they comply with (B) and (C).

Answer: A

3) An employee who sustains an injury to the low back which results in dysfunction in the leg may be legally entitled to receive permanent partial impairment benefits for both the back and the leg. True or False?

Answer: True

4) Please name 9 of the 18 enumerated diagnoses that are deemed to be “occupational diseases” under the Workers’ Compensation Act. 

Answer:

(1) Anthrax

(2) Arsenic poisoning

(3) Brass poisoning

(4) Zinc poisoning

(5) Manganese poisoning

(6) Lead poisoning

(7) Mercury poisoning

(8) Phosphorus poisoning

(9) Poisoning by carbon bisulphide, menthanol, naphtha, or volatile halogenated hydrocarbons