2020 Analysis of Workers' Compensation Laws - 107

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

2020 Analysis of Workers' Compensation Laws | 107

Jurisdiction

Administration

Pennsylvania

Bureau of
Workers'
Compensation

Rhode
Island

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

If notice not
given within
21 days, no
compensation
due until
given. If not
given within
120 days,
compensation
disallowed.

Within three years after
injury, death, or last
payment33

By agreement after seven
days from injury, subject to
department approval. Disputed
cases heard by Workers'
Compensation Judge (WCJ);
appeals from a WCJ decision
may be taken within 20 days
to the Worker's Compensation
Appeal Board (WCAB); appeals
from the WCAB decision may
be taken within 30 days to the
Commonwealth Court; finally,
a Petition for Allowance of
Appeal may be filed with the
Supreme Court within 30 days
of the Commonwealth Court
decision.

Payment within 30
days, unless order
is appealed and
supersedeas is
granted.

By Workers' Compensation
Appeal Board, within 20 days
of Workers' Compensation
Judge's decision

By department on
application within
statutory limits

Subject to approval of
Workers' Compensation
judge, Appeal Board, or court.
Attorney's fees are limited
to 20% of the award to the
injured employee and are
generally paid out of the
employee's award. However,
in certain instances, such
as an unreasonable contest,
attorneys may be granted a
quantum merit award, or their
fee may be ordered to be paid
in addition to the award to the
employee.

Department
of Labor and
Training, Division
of Workers'
Compensation

In writing
within 30 days;
excusable

Within two years after
By voluntary agreement of both
injury, manifestation,
parties; or by judge by decree
knowledge of injury, or death

Award enforceable
by court or director

By court

By court during
compensation period,
within 10 years after
compensation period
has ceased, on own
motion, or on petition of
either party

Subject to approval of court.
Maximum 20% of lump sum or
structured settlements.

South
Carolina

Workers'
Compensation
Commission
Claims
Department

In writing
as soon as
practicable or
within 90 days;
excusable

Within two years after
accident or two years after
death.

By agreement after seven
days from date of injury or any
time in case of death, subject
to approval of commission or
member, after hearing, upon
application.

Judgment in
Common Pleas Court
on certified copy
of agreement or
award34

By three- or six-member
panel; apply within 14 days
after award

To commission on
application or own
motion within 12
months from last
payment

Subject to approval of
commission.

South
Dakota

Division of
Labor and
Management

In writing
as soon as
practicable
within three
worker's days;
excusable

Within two years after
notice of intention to deny
coverage. Within three years
of last benefit payment.

By agreement, if not
disapproved by director, within
20 days. Disputed cases settled
by commissioner after hearing,
upon application.

Judgment on
certified copy
of agreement or
decision

By labor secretary within
10 days

By labor secretary by
application

Subject to approval of director
of Division of Labor and
Management.

Tennessee

Court of
Workers'
Compensation
Claims under
Bureau of
Workers'
Compensation35

In writing
within 15 days
if employer
doesn't have
actual notice

Employer files injury report
with Bureau within 15 days;
conference within one year.

Approved by Court of Workers'
Compensation Claims for
injuries on or after 7/1/14.

Judgment on
approved agreement

None

Subject to no return-towork provision

Maximum 20% of award.
2020 Analysis of Workers' Compensation Laws

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