Controverting a Claim Workers' Compensation Board New Form
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People also ask
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What does it mean when a claim has been controverted?
The insurance carrier can contest, or controvert, the claim for a variety of reasons (e.g., the injury was not work-related or the employee is not injured to the extent claimed.) An employer can also request that the insurance carrier contest the claim.
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What does "notice of controversion" mean?
A notice of controversion under the DBA is essentially a denial from the employer insurance company denying an injured worker's claim. They file what's called an LS207 form with the Department of Labor and within that form, they list their various defenses and reasons for denial.
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What is the going and coming rule for WCAB?
Under the judicially created going and coming rule, an employee's injury while commuting to and from work is not compensable under the workers' compensation system, absent special or extraordinary circumstances.
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What are the exceptions to the going and coming rule in California?
If you are at work and your employer asks you to leave work to run an errand that benefits your employer, or if you are asked to run an errand on behalf of your employer on the way to or from work, and you are injured, this may be an exception to the rule because the employer directly benefits from your actions ...
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What is the coming and going rule for workers comp in Arizona?
Generally, most Arizona employees traveling to or from work aren't eligible for workers' compensation under the “coming-and-going rule.” This rule basically means that a worker going to or coming from work is not being paid during this time and the traveling isn't considered in the “course of employment.” Therefore any ...
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What are the exceptions to the coming and going rule in NY?
--> An employee who works outside of the office and lacks a fixed worksite (e.g. a door to door salesman). This exception may apply to: --> A worker who is injured while running an errand for her employer at the employer's direction and for the employer's benefit.
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Can you reopen a closed workers' comp case in New York?
Reopening an old case The Workers' Compensation Board retains jurisdiction over your old claim under Section 123 of the Workers' Compensation Law. Having jurisdiction allows the Board to entertain your motion to re-open an old claim.
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What is the special errand rule?
The special-errand doctrine is a rule that says if an employee is doing a special job or task for their employer away from their usual workplace, and they get hurt, they can get workers' compensation. This is different from the usual rule that says employees aren't covered for injuries that happen away from work.
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