USCC Workers Comp 2023 - 101

2023 Analysis of Workers' Compensation Laws | 101
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Indiana
Workers'
Compensation
Board
In writing
as soon as
practicable;
excusable;
compensation
may accrue
from date of
notice if given
after 30 days.
Iowa
Division of
Workers'
Compensation
Within 90
days after
injury unless
employer
has actual
knowledge
Kansas
Division of
Workers'
Compensation
The earliest
of 20 calendar
days from
the DOA or
from seeking
medical
treatment, or
10 calendar
days from
the last day
worked if
no longer
employed.
Kentucky
Department of
Workers' Claims
In writing
as soon as
practicable;
excusable
Claim Filing
Within two years after injury
or death. Radiation-two
years after worker knows or
should have known relation
to employment.
By agreement, after seven days
from injury or at any time after
death, subject to approval of
board. Disputed cases settled by
board member on application.
How Claims Are Settled Award Effect
Judgment in Circuit
Court on certified
copy of agreement
or award;
preference rights of
unpaid wages
Review by Agency
By full board within 30 days
after award
Modifications
By board on application
or own motion, within
two years after last day
on which compensation
is paid
Attorney's Fees
Subject to approval of board.
Limits on fees in recoverability
in third-party suits, basing fees
on amounts actually repaid
to insurer or employer. Fees
paid out of award unless bad
faith by employer or lack of
diligence, in which case paid
by employer. Minimum fee is
$200.
Within two years after injury
or three years after last
weekly payment.
Compensation without award
except in contested cases,
but claim may be settled by
agreement, subject to approval
of Workers' Compensation
Commissioner.
Notice may be given orally
or in writing to employer's
designated individual or
department. If no designated
individual or department,
notice must be provided to a
supervisor or a manager.15
By agreement, disputed cases
settled by ALJ after hearing,
subject to appeal to Workers'
Compensation Board.
Judgment in
District Court on
filing certified copy
of agreement or
decision
By commissioner from
decision of Deputy
Commissioner within 20 days
By commissioner
within three years from
last payment, award,
or noncommuted
settlement
Appeal to Workers'
Compensation Board must
be filed within 10 days of
decision by ALJ.
By ALJ, before final
payment and within one
year of prior approval on
application
Fixed by written contract
between parties.
Fixed by written contract.
Maximum of 25% of
compensation recovered
as a result of attorney's
involvement.
Within two years after
accident, death, or last
voluntary income benefit
payment. Limits toll during
minority or incapacity.
By agreement, subject to
approval by ALJ. Disputed cases
settled by an ALJ in a de novo
proceeding.
Judgment in Circuit
Court on filing
certified copy of
award approved
agreement
Initial appeal from ALJ is to
the Workers' Compensation
Board within 30 days. Petition
for reconsideration of any
patent error required within
14 days of ALJ's decision
and necessary prior to appeal
to Workers' Compensation
Board.
Louisiana
Office of
Workers'
Compensation
Administration
Within 30 days
(12 months
if employer
fails to post
requirements);
excusable
Within one year after
accident, death, or last
payment; if injury has a
delayed development, then
one year from time injury
develops, but in no cases
more than two years from
date of accident.
By agreement, subject to
approval of ALJ.
Approved
settlement entered
as judgment
No review by agency or
District Court; appeals go to
Court of Appeals.
By ALJ at any time,
on application or own
motion16
For contracts entered into on
or after 7/14/18, plaintiff's
attorney fee is 20% of first
$25,000, 15% of next $25,000,
and 10% of remainder of the
award up to a maximum fee
of $18,000. Maximum fee for
employer's attorney is $18,000.
By Workers'
Compensation judge or
any time by agreement
Subject to Workers'
Compensation judge's
approval; maximum 20% of all
amounts received.
USCC Workers Comp 2023

Table of Contents for the Digital Edition of USCC Workers Comp 2023
