USCC Workers Comp 2023 - 84

84 | 2023 Analysis of Workers' Compensation Laws
Chart IX-Waiting Period for Income/Medical Benefits, cont.
Jurisdiction Waiting Period1
Retroactive
Period
Louisiana
Maine
Maryland
Seven days
Seven days25
Three days-TT
Massachusetts Five days
Michigan
Minnesota
Seven days
Three days
Two weeks
Two weeks
After 14 days
21 days
Two weeks
10 days
Unlimited2
Yes
Yes
Yes
Yes
Yes
Yes-treatment
parameters
describe
reasonable
treatment
Mississippi
Five days
Two weeks
Yes
Initial choice
Agency may change
Choice of Physician
Employer
Yes23
Initial choice
Artificial
Employee
Yes24
Yes, after 10 days26
Yes
Yes
Yes, after 28 days27
Yes28
Appliances
Furnished
Yes
Yes
Yes
Yes
Yes
Yes
Medical Benefits
Special Provisions
Employer must repair or replace appliances.
Chiropractic services authorized. Prayer or spiritual means of treatment
by an accredited practitioner.
Employer must repair or replace appliances. If employer or insurer fails
to pay for treatment or services within 45 days, commission may assess
a fine of more than 20% of approved charges (subject to interest).
Employee may change physicians once without the consent of the
insurer. Additional changes to treating physician must be approved by
the insurer.
Christian Science treatment by agreement. Injury is reportable to the
division. Employer is to repair or replace appliances.
Yes
Yes
Employee's choice is limited to one provider. If the employee is treated
for his alleged work-related injury or occupational disease by a physician
for six months or longer, or if the employee has surgery for the alleged
work-related injury or occupational disease performed by a physician,
then that physician shall be deemed the employee's selection.
Missouri
Montana
Three days
Four days or 32 hours,
whichever is less30
14 days
Yes29
21 days or more Yes
Yes, but agency may
change
Yes
Yes, but at own expense
Yes, for dates of injury prior to
7/1/11
Yes
Yes
Prayer or spiritual treatment by agreement. Chiropractic care may be
authorized by employer.
Medical benefits for claims with a date of injury/disease after 7/1/11
terminate five years after the date of injury/disease. A claimant has
an additional five years to seek to reopen his or her medical benefits
by petitioning the Department of Labor and Industry. Medical benefits
can then be reopened if the treatment is necessary to allow the
worker to return to work or continue to work. An insurer remains liable
for repair or replacement of prosthetic devices for life. Individuals
who are permanently totally disabled are eligible to receive medical
benefits for life. Reasonable and necessary lifetime medical and travel
benefits provided. Determinations of disability must be supported
by a preponderance of objective medical findings. Limitations apply
once claimant reaches maximum stability. Certain co-payments may
apply. Other limitations include secondary medical services, drug
reimbursement, palliative or maintenance care, and unscientific
treatment. Medical benefits terminate if not used for 60 consecutive
months for dates of injury prior to 7/1/11.
Nebraska
Nevada
New
Hampshire
Seven days31
Five days-TT34
Three days
Six weeks
Six days-TT34
Yes
Yes
14 days or more Yes37
Yes32
35
Yes33
Yes36
Initial choice (within a network
if managed care)
Yes
Yes
Yes
Employer must replace appliances damaged due to compensable injury
and must provide plastic surgery for disfigurement.
Spiritual treatment permitted.
Employer must repair or replace appliances.
USCC Workers Comp 2023

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