Issues are filed when a party to a workers’ compensation case, contests an aspect of a claim. After a claimant files a workers’ compensation claim, the Commission issues a C-30 form, which summarizes the claim, and mails copies to the Claimant and the employer/insurer. The employer/insurer than has approximately 21 days (until the Consideration Date) to file Issues. These are called “Contesting Issues.” The issues that the employer/insurer can raise at this time include: (1) Did the employee sustain an accidental personal injury or occupational disease arising out of or in the course of employment?; (2) Is the disability of the employee the result of an accidental personal injury or occupational disease arising out of and in the course of the employment?; and (3) Did the employee sustain a compensable hernia within the meaning of the Workers’ Compensation Act?
Other issues that may be raised, by any party to a claim, include: (1) Average Weekly Wage, (2) Statute of Limitations, (3) Jurisdiction, (4) Statutory Employment, (5) Medical Expenses, (6) Vocational Rehabilitation, (7) Attorneys’ Fees, (8) Penalties, (9) Temporary Total Disability, (9) Nature and Extent of Permanent Disability, and (10) Authorization for Medical Treatment.
If issues are filed, the Workers’ Compensation Commission will schedule a hearing to adjudicate the case. The hearings usually last only about fifteen minutes, and rarely will the Workers’ Compensation Commissioner immediately inform the parties of the result. Instead, the commissioner will issue an order, which may take up to three weeks receive.
(Rated: 5.00
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