2020 Analysis of Workers' Compensation Laws - 109

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

2020 Analysis of Workers' Compensation Laws | 109

Jurisdiction

Administration

West
Virginia

Insurance
Commissioner

Wisconsin

Notice to
Employer

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

Immediately

Injury-within six months
of injury. Death-within
six months of death.
OP-within three years
of last exposure or after a
diagnosed impairment due
to OP was made known to
the employee by a physician.
Death-within two years
of death. OD-within three
years of last exposure, the
date the OD was made
known to the employee by a
physician, or the employee's
reasonable knowledge of the
OD. Death-within one year
of death.

By private insurance carriers
and claimants and can only
be overturned if deemed
unconscionable by Insurance
Commissioner.

Private carrier
or self-insured
employer begins
payment of
permanent partial
awards within 15
working days of the
decision granting
the award.

All decisions from the
Workers' Compensation
Office of Judges, Workers'
Compensation Board of
Review or the West Virginia
Supreme Court of Appeals
must be complied with within
30 days after the date of
receipt, unless the order
directs action sooner or there
is a lawfully ordered stay.

By a private carrier
within five years of
written application or
within two years of date
of death

Limited to 20% of indemnity
benefits paid during a period
of 208 weeks. However, on a
final settlement, may charge
20% of the total value of
the medical and indemnity
benefits; provided this fee,
when combined with any other
fee received by the attorney
for PP or PT benefits, may not
exceed 20% of the award of
benefits to be received during
a period of 208 weeks. In addition, an award of attorney's
fees and costs to workers'
compensation claimants
against private carriers and
self-insured employers-$500
per litigated medical issue, up
to $2,500 per claim-can be
made for a reversal of a denial
of authorization for medical
benefits. The statute caps the
hourly rate at $125.

Worker's
Compensation
Division

Within 30 days;
excusable

Within two years after
injury or death. Excusable if
employer knew of disability.
All rights barred after six
years of injury, death, or last
payment, whichever is later,
for traumatic injuries on or
after 3/2/16.

By payment of amount due.
Compromises require approval
of ALJ. Requests for review
may be made within one year.
Hearings held by ALJs of the
Department of Administration's
Division of Hearings and
Appeals.

Judgment in Circuit
Court on certified
copy of award

By commission within 21 days
of decision

By department or
division within 21 days
of order; review may
be requested by parties
within one year.

Limited to 20% of amount in
dispute. If admitted liability,
not to exceed 10% or $250.

Wyoming

Division of
Workers'
Compensation

Within 72
hours (also
within 10 days
to division);
excusable

Within one year after injury
or discovery of injury not
readily apparent.

By Division of Workers'
Compensation, hearing
examiners, or Medical
Commission. Appeals to District
Court.

Fund pays award.

 

Within four years or
during time payments
are made on application

Reasonable fees as allowed
by court. Limited to $150 per
documented hour.

American
Samoa

Commission

 

At any time after claim is
filed, commissioner may
transfer such case to any
member of commission
for the purpose of making
an investigation, taking
testimony, conducting
physical examination, or
taking other necessary action.

By commission

Subject to approval of
commissioner.

Within 10 days from date of
injury or death
2020 Analysis of Workers' Compensation Laws

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