2019 Analysis of Workers' Compensation Laws - 96

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

96 | 2019 Analysis of Workers' Compensation Laws

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

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 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

Colorado

Division of
Workers'
Compensation;
Office of
Administrative
Courts handles
hearings

In writing
within four
days; excusable
(claimant may
lose up to one day
after injury, death,
or employee's
first knowledge
of injury or illness
compensation for
each day's delay)

Within two years
after injury or
death.6 Does
not apply if
compensation
paid or if
reasonable
excuse within
three years.

By agreement approved by Director
or ALJ. Disputes may be resolved
through mediation, prehearing
conference, and formal hearings.

Judgment on filing
copy of award against
uninsured employer
in District Court;
decision of award
is effective upon
finality.

By Director or ALJ within
20 days, then by Industrial
Claims Appeals Office within
20 days

Reopening by director
within six years from
date of accident or
two years after last
payment, whichever
is later.7

On unappealed and
contested fee not
exceeding 20% of the
amount of the contested
benefit shall be presumed
to be reasonable.
Director determines
reasonableness of fee
on request of claimant or
attorney.

Connecticut

Workers'
Compensation
Commissioner;
one chair and 15
members

Forthwith;
excusable8

Within one year
after accident
or within three
years of first
manifestation
of disease. If
death results,
within two years
after accident or
disease, within
two years from
accident or
disease, or within
one year from
death, whichever
is later.

By agreement, on approval of
commission. Disputed cases settled
by commission.

Judgment on filing
in Superior Court.
Award has preference
rights on unpaid
wages

By Compensation Review
Board9 within 20 days

By commissioner during
compensation period

Subject to approval by
commissioner. 20% of
total award in most
cases.

Delaware

Office of Workers'
Compensation

If notice not given
in 90 days, no
compensation
due until notice
or knowledge of
injury

Within two years
after injury,
death, or five
years from last
payment.

By agreement, on approval of
board. Disputed cases settled by
board and/or hearing officer after
hearing.

Preference rights of
unpaid wage claims

By board and/or
hearing officer at any
time, but no more than
once every six months

Attorney/client
agreement

Jurisdiction

Administration

California
2019 Analysis of Workers' Compensation Laws

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