USCC Workers Comp 2023 - 109

2023 Analysis of Workers' Compensation Laws | 109
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
West
Virginia
Insurance
Commissioner
Immediately
Claim Filing
Injury-within six months
of injury. Death-within six
months of death.
OP-within three years
of last exposure or after a
diagnosed impairment due
to OP was made known to
the employee by a physician.
Death-within two years
of death.
OD-within three years of
last exposure, the date the
OD was made known to the
employee by a physician, or
the employee's reasonable
knowledge of the OD.
Death-within one year of
death.
By private insurance carriers
and claimants and can only
be overturned if deemed
unconscionable by Insurance
Commissioner.
How Claims Are Settled Award Effect
Private carrier
or self-insured
employer begins
payment of
permanent partial
awards within 15
working days of the
decision granting
the award.
Review by Agency
All decisions from the
Workers' Compensation
Office of Judges, Workers'
Compensation Board of
Review or the West Virginia
Supreme Court of Appeals
must be complied with within
30 days after the date of
receipt, unless the order
directs action sooner or there
is a lawfully ordered stay.
Modifications
By a private carrier
within five years of
written application or
within two years of date
of death
Attorney's Fees
Limited to 20% of indemnity
benefits paid during a period of
208 weeks. However, on a final
settlement, may charge 20% of
the total value of the medical
and indemnity benefits;
provided this fee, when
combined with any other fee
received by the attorney for PP
or PT benefits, may not exceed
20% of the award of benefits
to be received during a period
of 208 weeks. In addition,
an award of attorney's
fees and costs to workers'
compensation claimants
against private carriers and
self-insured employers-$500
per litigated medical issue, up
to $2,500 per claim-can be
made for a reversal of a denial
of authorization for medical
benefits. The statute caps the
hourly rate at $125.
Wisconsin Worker's
Compensation
Division
Within 30 days;
excusable
Within two years after
injury or death. Excusable if
employer knew of disability.
All rights barred after six
years of injury, death, or last
payment, whichever is later,
for traumatic injuries on or
after 3/2/16.
Wyoming
Division of
Workers'
Compensation
American
Samoa
Commission
Within 72
hours (also
within 10 days
to division);
excusable
Within one year after injury
or discovery of injury not
readily apparent.
Within 10 days from date of
injury or death
By payment of amount due.
Compromises require approval
of ALJ. Requests for review
may be made within one year.
Hearings held by ALJs of the
Department of Administration's
Division of Hearings and
Appeals.
By Division of Workers'
Compensation, hearing
examiners, or Medical
Commission. Appeals to District
Court.
At any time after claim is
filed, commissioner may
transfer such case to any
member of commission
for the purpose of making
an investigation, taking
testimony, conducting
physical examination, or
taking other necessary action.
By commission
Subject to approval of
commissioner.
Judgment in Circuit
Court on certified
copy of award
By commission within 21 days
of decision
By department or
division within 21 days
of order; review may
be requested by parties
within one year.
Limited to 20% of amount in
dispute. If admitted liability,
not to exceed 10% or $250.
Fund pays award.
Within four years or
during time payments
are made on application
Reasonable fees as allowed
by court. Limited to $150 per
documented hour.
USCC Workers Comp 2023

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