2019 Analysis of Workers' Compensation Laws - 97

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

2019 Analysis of Workers' Compensation Laws | 97

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

Office of Workers'
Compensation

In writing
within 30 days;
excusable

Within one year
after accident or
last payment

By agreement, subject to
approval of Office of Workers'
Compensation; approval automatic
if both parties are represented by
legal counsel.

Award is effective
upon filing.

By Compensation Order
Review Board

By office issuing the
award within one year
after last payment or
denial of claim on own
motion or application of
interested party

By office or court
before which work was
performed

District of
Columbia
Government
Workers

Office of Benefits
Administration

48 hours;
extended for
cause

Within 60 days
after injury or
one year after
death; extended
for cause.

By the office of Disability
Compensation.

Fund pays award

By administrator upon own
motion or application at any
time

By administrator

Subject to approval by
administrator, office, or
court before which the
work was performed.

Florida

Division of
Workers'
Compensation

Within 30 days
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, or
one year from
last payment,
or authorized
medical
treatment.

By lump sum, payment to the
injured worker allows total closure
of claim at any time if the worker
is represented by an attorney. If the
employee is not represented, lumpsum settlements are permitted after
MMI or when the carrier filed a
denial within 120 days after date
of injury.

Parties must comply
with an order within
10 days after it
becomes final.
If a party fails to
comply, enforcement
by rule nisi in a
court of competent
jurisdiction.

Joint petitions or
stipulations so ordered
by judges are not
subject to modification

Sliding scale subject
to approval of judge of
compensation claims or
court.

Georgia

Board of Workers'
Compensation

Within 30 days;
excusable

Within one
year after
injury, death,
or provision of
remedial medical
care or within
two years after
last payment of
weekly benefits.

By agreement, subject to approval
of board.10

Judgment in Superior
Court on certified
copy of award.11
Parties must comply
with award or appeal
within 20 days. If
failure to comply or
appeal, party may
obtain judgment in
Superior Court on
certified copy of
award.

By Appellate Division of
Board on application within
20 days

By board on application
or own motion within
two years after final
payment (four years for
PP). Final settlement
may not be modified.

Fees in excess of $100
subject to board approval.
Board may assess
attorney's fees against
any party who proceeds
without reasonable
grounds or fails to
provide income benefits
as required. Maximum
recovery fee is 25% of
income benefit received.

Hawaii

Director of Labor
and Industrial
Relations

Forthwith;
excusable

Two years after
date on which
effects of injury
become manifest
but within five
years after date
of accident
causing injury.

By agreement or decision that must
be prepared by director within 60
days after conclusion of hearing.12 If
not agreed, director makes award.

Judgment on filing in
Circuit Court

By Appellate Board within
20 days

By director on own
motion or any party on
own application within
20 days, but no later
than eight years after
decision

Subject to approval of
director.

Idaho

Industrial
Commission

In writing 60 days
after accident;
excusable

Within one year
after accident or
death.13

1. By agreement, subject to
approval of Commission.
2. Settled by Commission after
hearing.

Judgment in District
Court on filing
certified copy of
award

By commission within 20
days

By commission within
five years of accident,
but not more than once
in six months

Subject to approval of
commission. 25% without
hearing; 30% with
hearing and briefs filed.
Disclosure required.

Jurisdiction

Administration

District of
Columbia
2019 Analysis of Workers' Compensation Laws

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