USCC Workers Comp 2023 - 105

2023 Analysis of Workers' Compensation Laws | 105
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
New York Workers'
Compensation
Board
In writing
within 30 days;
excusable
Claim Filing
Within two years after
date of accident or death or
disability from occupational
disease, and after the
claimant knew or should
have known that disease is
or was due to the nature of
employment. For participants
in World Trade Center
rescue, recovery, or cleanup
operations per WCL §161
(1), if registered on or before
9/13/10.
Compensation without award
within 18 days after disability or
within 10 days after employer
had knowledge, except in
contested claims. Disputed
claims settled by referee or
board. Referral to administrative
determination process and
conciliation mandatory if claim
within parameters set by law.
If issue not settled, referred to
hearing calendar. Employer may
make temporary payments of
compensation and prescription
medicine up to one year without
prejudice or admitting liability if
unsure of the extent of liability
for claim. Written stipulated
settlements upon approval by
board.
North
Carolina
Industrial
Commission
In writing
within 30 days;
excusable
Within two years of accident
or final determination of
disability or within six
years after death from
occupational disease or
accident, for death claims.
Claims are settled by voluntary
agreement, mandatory
mediation, or hearing before
an official of the Industrial
Commission.
How Claims Are Settled Award Effect
Payment within 10
days after decision
except when review
application has
been filed by carrier
or self-insured
employer.
Review by Agency
Review of Workers'
Compensation Law Judge
decision is by three-member
panel of the board. A split
decision is reviewable by
full board; review of other
decisions is discretionary.
Modifications
By board upon
application by party
or own motion unless
claim settled pursuant
to WCL §32 or
prohibited by WCL §123
Attorney's Fees
All attorney fees must be
approved by the board. Fee
award amounts set by referee
or board member.
Claims are paid
by carrier or
employer. Failure
to pay commission
judgments subjects
party to contempt
proceedings.
Judgments may be
recorded in General
Court of Justice
as civil judgments
subject to execution.
North
Dakota
Ohio
Workforce
Safety and
Insurance (WSI)
Bureau of
Workers'
Compensation
and Industrial
Commission
Within seven
days
Within one year after
accident, injury, occupational
disease, or death.30
By agreement, subject to 30-day
waiting period and review by
bureau; Industrial Commission
may reject settlement that is a
gross miscarriage of justice or
clearly unfair.
Fund or self-insurer
pays award after
judgment.
By district hearing officer,
then staff hearing officer,
then commission within 14
days after decision
Within seven
days
Within one year after injury
or two years after death.
By WSI
By WSI
By WSI at any time
upon application or own
motion
By commission or
bureau within five
years after last medical
payment (no lost time)
or five years from last
payment or death (lost
time)
If prevailing-$175 per hour,
subject to caps.29
Attorney's fees are fixed
by judge based on effort
expended, up to $5,000.
By Deputy Commissioner
subject to review by panel of
Full Commission
By commission on
application or own
motion, within two
years
Subject to approval of
commission. Attorney fees
may be taxed as court costs
and fees against party who
proceeds without reasonable
ground.
USCC Workers Comp 2023

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