USCC Workers Comp 2024 - 98

98 | 2024 Analysis of Workers' Compensation Laws
Chart XI-Administration: Notice to Employer and Claims
Jurisdiction Administration
Courts
Notice to
Employer
Alabama
In writing or
verbally within
five days;
excusable up
to 90 days
Alaska
Workers'
Compensation
Division
In writing
to employer
within 30 days1
Claim Filing
Within two years after
accident, last payment or
removal, or incapacity.
Within two years after
knowledge of disability.
Within one year after death
or two years after last
payment.
How Claims Are Settled Award Effect
Lien when
registered with
probate judge
Lien; recording
required within
one year of injury.
Interest and
penalties accrue.
By Alaska Workers'
Compensation Appeals
Commission within 30 days
Review by Agency
By agreement, which must
conform substantially to terms
of act unless court approves
lesser sum. Disputed cases
settled by courts.
By agreement, effective upon
filing with Division, unless
injured worker or beneficiary is
unrepresented by an attorney
licensed in Alaska, is a minor,
or is waiving future medical
benefits. In such cases,
agreement must be reviewed
and approved by the board.
Modifications
Award for more than six
months at any time by
agreement of parties
with court approval
Within one year
after last payment of
compensation or after
rejection of claim
Attorney's Fees
Fixed by Circuit Court judge up
to 15% award. All litigation
expenses and attorney's
fees must be reported to the
director.
Board must approve all
claimants' attorney's fee
payments. Defendants
pay successful claimants'
attorney's fees in addition
to benefits awarded unless
benefits were neither
controverted nor otherwise
resisted. Fees awarded
for successfully obtaining
controverted benefits at least
25% of first $1,000 and 10%
of the balance. All fee awards
must be fully compensatory
and reasonable. No maximum.
Arizona
Industrial
Commission
Forthwith;
excusable
Within one year after
injury or accrual of right;
excusable.2
Claim not
barred if compensation has
commenced.
Arkansas Workers'
Compensation
Commission
Forthwith;
excusable
Within two years after
injury or death or one
year after last payment of
compensation, whichever is
later. Note that the statute
of limitation is different for
occupational disease (see
Chart IV).3
California
Division of
Workers'
Compensation;
Appeals Board
handles judicial
functions
In writing
within 30 days;
excusable;
within one day
of receiving
notice or
having
knowledge
of injury,
employer must
provide injured
worker with
claim form.
Disability-within one year
from date of injury or last
payment. Death-within
one year after death to 240
weeks after injury.
By agreement through Joint
Petition once approved by ALJ.
The agreement may be made
directly by the parties or through
mediation.
Award amount is
judgment when filed
with Circuit Court.
In bankruptcy has
equal preference of
unpaid wage claims.
By commission within 30
days of ALJ decision. Within
30 days from commission to
Court of Appeals.
By commission within
six months of end of
compensation period
except in joint petition
settlement4
25% of controverted disability
benefits awarded to the
attorney for the claimant
as follows: One-half by the
employer or carrier in addition
to compensation awarded;
and one-half by the injured
employee or dependents of
a deceased employee out of
compensation payable to them.
By agreement upon approval
of Appeals Board, which may
order hearing. Disputed cases
settled by Appeals Board on
application.
Judgment of filing in
Superior Court
By Appeals Board from
workers' compensation
judge's finding
Reconsideration within
20 days; no modification
after five years
Reasonable fee fixed by
Appeals Board. If court finds
no reasonable basis for appeal,
Appeals Board may award fees
as supplementary award.5
By commission.
Decision of award
is effective upon
finality.
By ALJ within 30 days
By ALJ on application
Commission may regulate;
maximum 25% of award.
USCC Workers Comp 2024

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