2019 Analysis of Workers' Compensation Laws - 100

Chart XI-Administration: Notice to Employer and Claims, cont.
Jurisdiction

Administration

Notice to
Employer

Massachusetts

Department
of Industrial
Accidents

Michigan

100 | 2019 Analysis of Workers' Compensation Laws

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

In writing as soon
as practicable;
excusable

Within four years
after injury,
death, or onset
of disability;
excusable.

By agreement, subject to
approval of department. Disputed
cases may be settled any time
and may be approved by an
administrative judge, an ALJ, or a
DI. DIA Conciliator under certain
circumstances.

Decree in Superior
Court on certified
copy of agreement or
decision

By six-member reviewing
board from decision of
member

On application at any
time; limited in death
cases

Attorney's fees are set by
statute-M.G.L. c. 152,
§12A.20

Workers'
Compensation
Agency

Within 90 days
after injury;
excusable

Within two years
after injury,
death, recovery
from incapacity,
or after worker
knew or should
have known
relation of
disease to
employment.21

Compensation without award
except in contested cases. Disputed
cases settled by magistrate (by
bureau if small dispute).

Judgment in Circuit
Court on filing
certified copy of
award

By Appellate Commission
within 30 days from decision
of magistrate

Minnesota

Commissioner
of Department
of Labor and
Industry as head
of Workers'
Compensation
Division and
Administration

Within 30 days
unless employer
has actual
knowledge;
excusable up to
180 days unless
prejudice shown

Within three
years after filing
of employer's
report; no
more than six
years from
date of injury.
Occupational
disease-within
three years
after employee
knows cause of
disability.22

Compensation without award
except in contested cases. Claims
settled by agreement subject
to judicial or commissioner
approval. Presumed fair if both
sides represented by attorney and
medical and rehabilitation left open.
Hearing determination subject to
appeal.

Award is binding and
may be enforced by
penalty or entering
judgment in District
Court.

Appeals must be filed with
Workers' Compensation
Court of Appeals within
30 days from decision of
compensation judge.

By petition to Workers'
Compensation Court of
Appeals to vacate

Approval by division
or compensation judge
of 20% of the first
$130,000 subject to
an increased "cap" of
$26,000. Case law allows
attorney fees above this
amount if approved by a
compensation judge.

Mississippi

Workers'
Compensation
Commission

Within 30 days;
excusable

Within two years
after injury or
death.

Compensation paid without
award except in contested
claims. Disputed claims heard by
commission member or referee on
application. Claims are settled on
compromise basis by agreement,
subject to commission approval.

Lien against assets
and has preference
rights of unpaid
wages

By commission if appealed
within 20 days from decision
of ALJ

By commission on
application or own
motion within one year
from last payment or
claim rejection

Subject to approval of
commission or court.
Maximum is 25% of
award in matters before
the commission.

Missouri

Division of
Workers'
Compensation

In writing within
30 days unless
employer has
actual knowledge;
excusable if
no prejudice.
Division notifies
worker of rights.

Within two years
after injury or
death or last
payment (three
years if no report
filed).

After seven days from injury or
death, through mediation or by
compromise settlement, upon
approval by ALJ, or commission.
Disputed cases closed on award
by ALJ.

Judgment in Circuit
Court on certified
copy of memorandum
of agreement,
order, decision, or
award of division or
commission.23

By Industrial Commission if
appealed within 20 days from
decision of ALJ.

By commission on
application or own
motion, after notice and
hearing

Commission or division
may allow reasonable
fees.

Subject to approval
of bureau based on
administrative rules
and contingency fee
schedules.
2019 Analysis of Workers' Compensation Laws

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