2020 Analysis of Workers' Compensation Laws - 105

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

2020 Analysis of Workers' Compensation Laws | 105

Jurisdiction

Administration

Notice to
Employer

New York

Workers'
Compensation
Board

North
Carolina

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

In writing
within 30 days;
excusable

Within two years after
date of accident or death or
disability from occupational
disease, and after the
claimant knew or should
have known that disease is
or was due to the nature of
employment. For participants
in World Trade Center
rescue, recovery, or cleanup
operations per WCL §161
(1), if registered on or before
9/13/10.

Compensation without award
within 18 days after disability or
within 10 days after employer
had knowledge, except in
contested claims. Disputed
claims settled by referee or
board. Referral to administrative
determination process and
conciliation mandatory if claim
within parameters set by law.
If issue not settled, referred to
hearing calendar. Employer may
make temporary payments of
compensation and prescription
medicine up to one year without
prejudice or admitting liability if
unsure of the extent of liability
for claim. Written stipulated
settlements upon approval by
board.

Payment within 10
days after decision
except when review
application has
been filed by carrier
or self-insured
employer.

Review of Workers'
Compensation Law Judge
decision is by three-member
panel of the board. A split
decision is reviewable by
full board; review of other
decisions is discretionary.

By board upon
application by party
or own motion unless
claim settled pursuant
to WCL §32 or
prohibited by WCL §123

All attorney fees must be
approved by the board. Fee
award amounts set by referee
or board member.

Industrial
Commission

In writing
within 30 days;
excusable

Within two years of accident
or final determination of
disability or within six
years after death from
occupational disease or
accident, for death claims.

Claims are settled by voluntary
agreement, mandatory
mediation, or hearing before
an official of the Industrial
Commission.

Claims are paid
by carrier or
employer. Failure
to pay commission
judgments subjects
party to contempt
proceedings.
Judgments may be
recorded in General
Court of Justice
as civil judgments
subject to execution.

By Deputy Commissioner
subject to review by panel of
Full Commission

By commission on
application or own
motion, within two
years

Subject to approval of
commission. Attorney fees
may be taxed as court costs
and fees against party who
proceeds without reasonable
ground.

North
Dakota

Workforce
Safety and
Insurance (WSI)

Within seven
days

Within one year after injury
or two years after death.

By WSI

By WSI

 

By WSI at any time
upon application or own
motion

If prevailing-$160 per hour,
subject to caps.30

Ohio

Bureau of
Workers'
Compensation
and Industrial
Commission

Within seven
days

Within one year after
By agreement, subject to 30-day
accident, injury, occupational waiting period and review by
disease, or death.31
bureau; Industrial Commission
may reject settlement that is a
gross miscarriage of justice or
clearly unfair.

Fund or self-insurer
pays award after
judgment.

By district hearing officer,
then staff hearing officer,
then commission within 14
days after decision

By commission or
bureau within five
years after last medical
payment (no lost time)
or five years from last
payment or death (lost
time)

Attorney's fees are fixed
by judge based on effort
expended, up to $5,000.
2020 Analysis of Workers' Compensation Laws

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