2019 Analysis of Workers' Compensation Laws - 109

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

2019 Analysis of Workers' Compensation Laws | 109

Jurisdiction

Administration

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

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.

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.

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.

Wyoming

Division of
Workers'
Compensation

Within 72 hours
(also within 10
days to division);
excusable

Within one year
after injury or
discovery of
injury not readily
apparent.

By Division of Workers'
Compensation, hearing examiners,
or Medical Commission. Appeals to
District Court.

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.

American
Samoa

Commission

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.

Virgin
Islands

Workers'
Compensation
Administration

In writing
within 48 hours;
extending up
to 30 days.
Occupational
disease-within
30 days from first
manifestation;
extendable to 90
days for cause

Within 60 days
after injury

By Workers' Compensation
Administration using direct
payment systems. Disputed cases
decided by Dispute Resolution by
hearing officers (mediation) or by
ALJ (formal hearing).

Fund pays award with
first proprietor lien on
employer's assets

By reconsideration of
Commissioner of Labor39

By agency upon
application

Subject to approval of
commissioner.

FECA

Division of
Federal Employee
Compensation
Office of Workers'
Compensation
Programs,
U.S. Department
of Labor

30 days; extended
for cause

Within three
years after
injury or death;
extended for
cause.

By division

Fund pays award.

By Secretary of Labor on own
motion or application any
time within one year

By Secretary of
Labor or Employee
Compensation Appeals
Board on review

Subject to approval by
Division or Appeals
Board.

Within 10 days
from date of
injury or death
2019 Analysis of Workers' Compensation Laws

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