2020 Analysis of Workers' Compensation Laws - 113

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

Notes
1.
Alaska-Burden of proof shifted to claimant if late
notice excused.
2.
Arizona-Limit on filing runs from when injury is
manifest or when claimant knew or should have known
relation to employment; tolled during incapacity.
3.
Arkansas-If no hearing is requested within six
months of claim filing, claim may be dismissed.
4.
Arkansas-A joint petition settlement is authorized
where all parties petition an immediate final settlement
by commission. An order of commission allowing or
denying such petition is not appealable.

California-Typically 9% to 12% of contested benefits,
which are usually permanent disability awards.
5.

Colorado-Certain occupational diseases excepted.
See Chart IV.
6.

Colorado-If claimant has previously agreed to
settlement, case will not be reopened except on grounds
of fraud or mutual mistake of material fact.
7.

8.
Connecticut-Lack of notice excused if voluntary
agreement or medical treatment within one year after
accident.
9.

Connecticut-Commissioners comprise review board.

Georgia-Automatic dismissal of claims for which no
hearing has been held for five years.
10.

11.
Georgia-12% interest on all accrued amounts of
awards. Interest runs on Superior Court judgment in
event of appeal.
12.
Hawaii-Director may extend due date for good
cause if parties agree.

Idaho-Claimant has five years from date of injury
or manifestation of occupational disease to file request
for a hearing of further review. If compensation is
discontinued more than four years after injury, claimant
has one year from date of last payment to file request for
a hearing of further review.
13.

Illinois-Under Occupational Disease Act, as soon as
practicable.
14.

15.
Kansas-If employer fails to report accident within
28 days, application must be filed with division within
three years after employer reports accident. Childress v.
Childress Painting Co., 1979.

Kentucky-There is a four-year statute of limitation
for all parties except for reopenings of medical issues,
fraud, or to adjust award for worker returning to work at
equal or greater wages. A motion to reopen cannot be
made within one year of a previous motion to reopen. For
coal workers' pneumoconiosis, an additional two years
of employment with continuous injurious exposure is
required prior to motion reopen.
16.

17.
Louisiana-For injuries occurring after 7/1/83. Claims
filed before 1/1/90 for injuries occurring after 7/1/83
approved by director.

reasonable cost incurred, if the claimant prevails to
Supreme Court. Administrative rule 92-01-02-11.1. $160 is
for actual time and $80 allowed for travel time.

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

31.
Ohio-Claimant's statute of limitations extended
for every day employer fails to make required notice to
commission up to four years from date of injury, disease,
or death.

Maryland-Claim filed by worker directly with
commission. Employer or insurer who receives
completed claim form must send it to commission
immediately and may not advise claimant that claim is
denied.
19.

Massachusetts-For injuries after 12/24/91, employee
will contribute portion of award to attorney's fees.
20.

Michigan-No claim valid unless made within two
years after injury, manifestation of disability, or last
employment, whichever is later. Deadline suspended if
worker receives any disability benefits.
21.

22.
Minnesota-Employer who threatens to discharge
claimant for filing claim is subject to civil suit for treble
damages, costs, and attorney's fees.
23.
Missouri-The final award of the commission shall
be conclusive and binding unless either party to the
dispute shall, within 30 days from the date of the final
award, appeal the award to the appellate court. The
appellate court shall have jurisdiction to review all
decisions of the commission pursuant to chapter 287,
RSMo, where the division has original jurisdiction over
the case.
24.
Nevada-Late filing may be excused in some
circumstances.

Nevada-Insurers are required to submit a written
report to division within 30 days after acceptance or
denial of claims regarding diseases of heart or lungs,
infectious diseases or cancer.
25.

26.
Nevada-Insurer's delay or refusal to pay claim
within 30 days after notification subjects it to an order
for an additional amount equal to three times amount
specified as benefit to injured worker.
27.
New Mexico-If employer has actual knowledge of
the accident, no notice is necessary.

New Mexico-The statutory time for filing a claim is
also dependent on the employer's filing First Report of
Injury or Illness with administration.
28.

29.
New Mexico-A mediation hearing must be
completed and a resolution issued within 60 days of filing
of complaint.
30.
North Dakota-Maximum fees shall be paid
according to level of hearing, ranging up to $11,650 plus

2020 Analysis of Workers' Compensation Laws | 113

32.
Oregon-Effective 6/1/20, the rate will increase to
$350 per hour for time spent during mandatory interviews
and depositions.
33.
Pennsylvania-Late discovery may extend the time
for filing a claim involving an occupational disease.
34.
South Carolina-Payment must begin within 14 days
after employer has knowledge of injury or death.
35.
Tennessee-Tennessee Claims Commission
administers claims by state employers.
36.
Texas-Employer who discriminates against a
claimant for filing a workers' compensation claim is liable
for damages.
37.
Utah-Claim for TT and PT must be filed within six
years of injury.
38.
Virginia-In cases where no compensation has been
paid, commission may make award within three years
from the date of accident.
39.
Washington-Provision is made for recoupment
of benefits paid through mistake or willful
misrepresentation. Workers age 50 and older may
negotiate a structured settlement with the Department or
self-insured employer. The settlement must be approved
by the Board of Industrial Insurance Appeals.
40.
Virgin Islands-Commissioner's decision may be
appealed in court of competent jurisdictions.
41.
Longshore Act-Any party may appeal to Department
of Labor Benefits Review Board. Modification by district
director by agreement or by ALJ after formal hearing.
42.
Manitoba-Fair Practices Office addresses concerns
brought forth by employers, injured workers, and their
dependents; office is not involved in appeal process.
Effective 1/1/06, the Fair Practices Office is included in
the Manitoba Workers' Compensation Act.
43.
Prince Edward Island-Modification of award due
to aggravation or recurrence of injury may be based on
earnings and benefits in effect at that time in accordance
with legislation.
44.
Québec-By administrative review if appealed within
30 days; from review to the Tribunal administratif du
travail if appealed within 45 days.
45.
Saskatchewan-Every worker and his or her
dependents have the right to review and to appeal board
decisions about their claims.
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