2019 Analysis of Workers' Compensation Laws - 95

Chart XI-Administration: Notice to Employer and Claims

2019 Analysis of Workers' Compensation Laws | 95

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Courts

In writing or
verbally within
five days;
excusable up to
90 days

Within two years
after accident,
last payment
or removal, or
incapacity.

By agreement, which must conform
substantially to terms of act unless
court approves lesser sum. Disputed
cases settled by courts.

Lien when registered
with probate judge

Alaska

Workers'
Compensation
Division

In writing to
employer within
30 days1

Within two years
after knowledge
of disability.
Within one year
after death or
two years after
last payment.

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.

Lien; recording
required within one
year of injury. Interest
and penalties accrue.

Arizona

Industrial
Commission

Forthwith;
excusable

Within one year
after injury or
accrual of right;
excusable.2
Claim not barred
if compensation
has commenced.

By commission.

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

By agreement through Joint
Petition once approved by ALJ. The
agreement may be made directly by
the parties or through mediation.

Jurisdiction

Administration

Alabama

Review by Agency

Modifications

Attorney's Fees

Award for more than
six months at any time
by agreement of parties
with court approval

Fixed by Circuit Court
judge up to 15% award.
All litigation expenses
and attorney's fees
must be reported to the
director.

By Alaska Workers'
Compensation Appeals
Commission within 30 days

Within one year
after last payment of
compensation or after
rejection of claim

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.

Decision of award is
effective upon finality

By ALJ within 30 days

By ALJ on application

Commission may
regulate; maximum 25%
of award.

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.
2019 Analysis of Workers' Compensation Laws

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