108 | 2023 Analysis of Workers' Compensation Laws Chart XI-Administration: Notice to Employer and Claims, cont. Jurisdiction Administration Notice to Employer Texas Department of Insurance Division of Workers' Compensation Within 30 days; excusable Claim Filing Within one year after injury or death; excusable.34 Disputes or claims resolved through administrative dispute resolution process. How Claims Are Settled Award Effect Failure or refusal to comply with division order or decision within 20 days may result in fine up to $25,000 per day. Review by Agency By three-member appeals panel within 60 days after contested case hearing Modifications Attorney's Fees In actions before court or the Division, fees are limited to 25% of recovery unless special circumstances prevail. Fees for representation at Division proceedings are subject to approval by the Division and are limited to hourly rates and billing guidelines established by Division rules. If an insurance carrier disputes the Division's determination of compensability or eligibility of income or death benefit and the employee prevails in court, the carrier is liable for the employee's reasonable and necessary attorney fees. Utah Labor Commission Within 180 days Within one year after death and within six years after date of injury. Bills paid only within one year from date of service.35 Vermont Commissioner of Labor In writing as soon as practicable; excusable Virginia Workers' Compensation Commission In writing within 30 days Proceedings to initiate a claim may not be commenced after three years from the date of injury. Within two years after accident or death. Failure to file employer's accident report may toll time for claim filing. Payment of benefits does not toll. Washington Department of Labor and Industries Immediately Within one year from date of injury or death (two years for occupational diseases). By agreement, subject to commission approval. Lien from time of docketing in District Court. Payments must begin within 30 days of determination of award. By agreement in conformity to act, subject to approval of commissioner (compromise agreements may be approved). Disputed cases settled by commissioner. By agreement after 10 days from injury or at any time after death, subject to approval of commission. Disputed cases settled by commission or member after hearing upon application. By Department of Labor and Industries.37 Award is effective when issued by commissioner, unless stay is issued. Judgment in Circuit Court on certified copy of agreement or award By commission within 30 days of ALJ decision. Within 30 days from commission to Court of Appeals. By application N/A By commissioner on application within six months By commissioner on own motion or application at any time within six years of the date of award By full commission within 30 days after issuance of opinion By commission on own motion or application within two years of last payment or three years for scheduled injuries36 Fund or self-insurer pays award. By Board of Industrial Insurance Appeals within 60 days of affected party's (or parties') receipt of decision. Agency may reassume jurisdiction from board for reconsideration and further appealable decision. For full benefits, limited benefits on application after seven years (10 years for vision) Commissioner may award up to $210 per hour or 20% of recovery to successful claimant and on appeal 12% interest on contested part of award. Fixed by commission. Maximum fees established by statute-30% of increased award.