2020 Analysis of Workers' Compensation Laws - 98

Chart XI-Administration: Notice to Employer and Claims
Jurisdiction

Administration

Alabama

Courts

Alaska

Notice to
Employer

98 | 2020 Analysis of Workers' Compensation Laws

Claim Filing

How Claims Are Settled

Award Effect

Review by Agency

Modifications

Attorney's Fees

In writing or
verbally within
five days;
excusable up
to 90 days

Within two years after
accident, last payment or
removal, or incapacity.

By agreement, which must
conform substantially to terms
of act unless court approves
lesser sum. Disputed cases
settled by courts.

Lien when
registered with
probate judge

 

Award for more than six
months at any time by
agreement of parties
with court approval

Fixed by Circuit Court judge up
to 15% award. All litigation
expenses and attorney's
fees must be reported to the
director.

Workers'
Compensation
Division

In writing
to employer
within 30 days1

Within two years after
knowledge of disability.
Within one year after death
or two years after last
payment.

By agreement, effective upon
filing with Division, unless
injured worker or beneficiary is
unrepresented by an attorney
licensed in Alaska, is a minor,
or is waiving future medical
benefits. In such cases,
agreement must be reviewed
and approved by the board.

Lien; recording
required within
one year of injury.
Interest and
penalties accrue.

By Alaska Workers'
Compensation Appeals
Commission within 30 days

Within one year
after last payment of
compensation or after
rejection of claim

Board must approve all
claimants' attorney's fee
payments. Defendants
pay successful claimants'
attorney's fees in addition
to benefits awarded unless
benefits were neither
controverted nor otherwise
resisted. Fees awarded
for successfully obtaining
controverted benefits at least
25% of first $1,000 and 10%
of the balance. All fee awards
must be fully compensatory
and reasonable. No maximum.

Arizona

Industrial
Commission

Forthwith;
excusable

Within one year after
injury or accrual of right;
excusable.2 Claim not
barred if compensation has
commenced.

By commission.

Decision of award
is effective upon
finality.

By ALJ within 30 days

By ALJ on application

Commission may regulate;
maximum 25% of award.

Arkansas

Workers'
Compensation
Commission

Forthwith;
excusable

Within two years after
injury or death or one
year after last payment of
compensation, whichever is
later. Note that the statute
of limitation is different for
occupational disease (see
Chart IV).3

By agreement through Joint
Petition once approved by ALJ.
The agreement may be made
directly by the parties or through
mediation.

Award amount is
judgment when filed
with Circuit Court.
In bankruptcy has
equal preference of
unpaid wage claims.

By commission within 30
days of ALJ decision. Within
30 days from commission to
Court of Appeals.

By commission within
six months of end of
compensation period
except in joint petition
settlement4

25% of controverted disability
benefits awarded to the
attorney for the claimant
as follows: One-half by the
employer or carrier in addition
to compensation awarded;
and one-half by the injured
employee or dependents of
a deceased employee out of
compensation payable to them.

California

Division of
Workers'
Compensation;
Appeals Board
handles judicial
functions

In writing
within 30 days;
excusable;
within one day
of receiving
notice or
having
knowledge
of injury,
employer must
provide injured
worker with
claim form.

Disability-within one year
from date of injury or last
payment. Death-within
one year after death to 240
weeks after injury.

By agreement upon approval
of Appeals Board, which may
order hearing. Disputed cases
settled by Appeals Board on
application.

Judgment of filing in
Superior Court

By Appeals Board from
workers' compensation
judge's finding

Reconsideration within Reasonable fee fixed by
20 days; no modification Appeals Board. If court finds
after five years
no reasonable basis for appeal,
Appeals Board may award fees
as supplementary award.5
2020 Analysis of Workers' Compensation Laws

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