USCC Workers Comp 2023 - 103

2023 Analysis of Workers' Compensation Laws | 103
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Mississippi Workers'
Compensation
Commission
Within 30 days;
excusable
Claim Filing
Within two years after injury
or death.
Compensation paid without
award except in contested
claims. Disputed claims heard
by commission member or
referee on application. Claims
are settled on compromise
basis by agreement, subject to
commission approval.
Missouri
Division of
Workers'
Compensation
In writing
within 30
days unless
employer
has actual
knowledge;
excusable if
no prejudice.
Division
notifies worker
of rights.
Montana
Department
of Labor and
Industry
For injuries not
resulting in
death, within
30 days unless
employer
has actual
knowledge or
inquiry notice
Verified claim within 12
months after accident;
insurer may grant additional
24 months if lack of
knowledge of disability,
latent injury, or equitable
estoppel.
By agreement and subject to
approval of department. Any
dispute over conversion of
benefits to lump sum or over
amount of benefits is submitted
to a mediator and then to the
Workers' Compensation Court if
necessary.
Insurer will pay
award after order
received.
By Department of Labor
and Industry. 14 days to
approve settlement. If date of
injury prior to 7/1/87, order
is reviewed by Workers'
Compensation Court
Judge, who has 10 days to
disapprove settlement.
May not be reopened by
department
Attorney fees are regulated by
the Department of Labor and
Industry and are payable in
accordance with the approved
attorney retainer agreement.
In matters that proceed to the
Workers' Compensation Court,
attorney fees may be awarded
by the Court against an insurer
if the insurer's actions in
denying benefits are deemed
unreasonable.
Nebraska Workers'
Compensation
Court
In writing
as soon as
practicable;
excusable
Within two years after
injury, death, removal of
incapacity, or last payment.
By agreement, in accordance
with Act. Certain settlements
in statutorily prescribed
circumstances require approval
of Compensation Court judge.
Disputed cases litigated before
Compensation Court judge.
Award is final
unless appealed
within 30 days.
By a judge of Compensation
Court if a party initiates
litigation. Appeals go to
Nebraska Court of Appeals.
By agreement,
subject to approval of
Compensation Court
or on application
after six months by
Compensation Court
Subject to approval or judge of
Compensation Court.
Within two years after
injury, death, or last payment
(three years if no report
filed).
After seven days from injury or
death, through mediation or by
compromise settlement, upon
approval by ALJ, or commission.
Disputed cases closed on award
by ALJ.
How Claims Are Settled Award Effect
Lien against assets
and has preference
rights of unpaid
wages
Review by Agency
By commission if appealed
within 20 days from decision
of ALJ
Modifications
By commission on
application or own
motion within one year
from last payment or
claim rejection
Attorney's Fees
Subject to approval of
commission or court. Maximum
is 25% of award in matters
before the commission.
Judgment in
Circuit Court on
certified copy of
memorandum of
agreement, order,
decision, or award
of division or
commission.22
By Industrial Commission if
appealed within 20 days from
decision of ALJ.
By commission on
application or own
motion, after notice and
hearing
Commission or division may
allow reasonable fees.
USCC Workers Comp 2023

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