2020 Analysis of Workers' Compensation Laws - 102

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

102 | 2020 Analysis of Workers' Compensation Laws

Jurisdiction

Administration

Maine

Workers'
Compensation
Board

Maryland

Notice to
Employer

Claim Filing

How Claims Are Settled

Within 90 days
for injuries
prior to 1/1/13;
within 30 days
for injuries
on or after
1/1/13; within
three months
after death;
excusable for
mistake of
fact.

Within two years of the date
of injury or within six years
after the last payment,18 or
within one year after death.
If mistake of fact or fraud,
within a reasonable time,
but no more than six years
after last payment in any
case.18

Workers'
Compensation
Commission

Within 10
days after
injury (30 days
for hernia);
within 30 days
after death;
excusable

Massachusetts

Department
of Industrial
Accidents

Michigan

Minnesota

Award Effect

Review by Agency

Modifications

Attorney's Fees

Compensation without award
Decision
except in contested cases.
enforceable in
Disputed cases settled by board. Superior Court by
suitable process

Lump sums. Hearing Officer
decisions by Board's
Appellate Division.

On application,
approved lump sum is
final except employer
is not released from
liability for future
medical expenses
unless lump-sum
agreement is contingent
on release from such
liability.

For injuries on or after 1/1/93,
each party responsible
for payment of own cost
and attorney's fees. Fees
subject to board approval.
Non-lawyers authorized to
represent any party unless
such representation prevents
the efficient processing of
any proceeding. Workers'
Compensation Board provides
a worker advocate to qualified
employees at board's expense.

Within 60 days after
disability begins; excusable
to two years. Within 18
months after death.19

By agreement, subject to
approval of commission.
Disputed cases are tried by the
commission; hearing required
on application.

 

By commission de novo
appeal to Circuit Court
(commission decision
presumed correct). Additional
appeals on questions of law
to appellate courts.

From final award on
application or own
motion within five
years after the date
of the last payment of
compensation

Subject to approval of
commission pursuant to fee
guide for attorneys.

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

 

Subject to approval of bureau
based on administrative rules
and contingency fee schedules.

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.
2020 Analysis of Workers' Compensation Laws

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