USCC Workers Comp 2024 - 107

2024 Analysis of Workers' Compensation Laws | 107
Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction Administration
Notice to
Employer
Pennsylvania
Bureau
of
Workers'
Compensation
If notice not
given within
21 days, no
compensation
due until
given. If not
given within
120 days,
compensation
disallowed.
Claim Filing
Within three years after
injury, death, or last
payment31
By agreement after seven
days from injury, subject to
department approval. Disputed
cases heard by Workers'
Compensation Judge (WCJ);
appeals from a WCJ decision
may be taken within 20 days
to the Worker's Compensation
Appeal Board (WCAB); appeals
from the WCAB decision may
be taken within 30 days to the
Commonwealth Court; finally,
a Petition for Allowance of
Appeal may be filed with the
Supreme Court within 30 days
of the Commonwealth Court
decision.
Rhode
Island
Department
of Labor and
Training, Division
of Workers'
Compensation
South
Carolina
Workers'
Compensation
Commission
Claims
Department
South
Dakota
Division of
Labor and
Management
In writing
as soon as
practicable
within three
worker's days;
excusable
Tennessee
Court of
Workers'
Compensation
Claims under
Bureau of
Workers'
Compensation33
In writing
within 15 days
if employer
doesn't have
actual notice
Within two years after
notice of intention to deny
coverage. Within three years
of last benefit payment.
Employer files injury report
with Bureau within 15 days;
conference within one year.
In writing
within 30 days;
excusable
Within two years after
injury, manifestation,
knowledge of injury, or death
By voluntary agreement of both
parties; or by judge by decree
How Claims Are Settled Award Effect
Payment within 30
days, unless order
is appealed and
supersedeas is
granted.
Review by Agency
By Workers' Compensation
Appeal Board, within 20 days
of Workers' Compensation
Judge's decision
Modifications
By department on
application within
statutory limits
Attorney's Fees
Subject to approval of
Workers' Compensation
judge, Appeal Board, or court.
Attorney's fees are limited
to 20% of the award to the
injured employee and are
generally paid out of the
employee's award. However,
in certain instances, such
as an unreasonable contest,
attorneys may be granted a
quantum merit award, or their
fee may be ordered to be paid
in addition to the award to the
employee.
Award enforceable
by court or director
By court
By court during
compensation period,
within 10 years after
compensation period
has ceased, on own
motion, or on petition of
either party
As soon as
practicable or
within 90 days;
excusable
Within two years after
accident or two years after
death.
By agreement after seven
days from date of injury or any
time in case of death, subject
to approval of commission or
member, after hearing, upon
application.
By agreement, if not
disapproved by director, within
20 days. Disputed cases settled
by commissioner after hearing,
upon application.
Approved by Court of Workers'
Compensation Claims for
injuries on or after 7/1/14.
Judgment in
Common Pleas Court
on certified copy
of agreement or
award32
Judgment on
certified copy
of agreement or
decision
Judgment on
approved agreement
By three- or six-member
panel; apply within 14 days
after award
To commission on
application or own
motion within 12
months from last
payment
By Labor secretary within
10 days
By Labor secretary by
application
Subject to approval of court.
Maximum 20% of lump sum or
structured settlements.
Subject to approval of
commission.
Subject to approval of director
of Division of Labor and
Management.
None
Subject to no return-towork
provision
Maximum 20% of award.
USCC Workers Comp 2024

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