§ 85A-111. Commencement of benefit claim - Prehearing conference.  


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  • A.  Any claim for any benefit under this act shall be commenced with the filing of an Employee's First Notice of Claim for Compensation by the employee with the Workers' Compensation Commission.  The claim shall contain a statement that all matters stated therein are true and accurate and shall be signed by the claimant and the claimant's agent, if any.  Any person who signs this statement or causes another to sign this statement knowing the statement to be false shall be guilty of perjury.  An individual who signs on behalf of a claimant may be presumed to have the authorization of the claimant and to be acting at the claimant's direction.

    B.  If an employer controverts any issue related to the Employee’s First Notice of Claim for Compensation, the employer shall file a Notice of Contested Issues on a form prescribed by the Commission.  All answers and defenses to claims or other documents filed on behalf of a respondent or the respondent's insurer in a workers' compensation case shall contain a statement that all matters stated therein are true and accurate and shall be signed by the respondent, the insurer, or their respective agents, if any.  Any person who signs such a statement or causes another to sign such a statement, knowing the statement to be false, shall be guilty of perjury.  An individual who signs on behalf of a respondent, its insurer, or its agent may be presumed to have the authorization of the respondent, its insurer or agent and to be acting at their direction.

    C.  Any party shall have the right to request a prehearing conference or administrative hearing before the Commission on any issue.  The Commission shall, within seven (7) days of the receipt of such notification, set the matter for prehearing conference or administrative hearing at the earliest available time.  In the event the compensability of a claim is contested, the respondent shall complete discovery and secure a medical evaluation of the claimant within sixty (60) days of the filing of a request for benefits.

Added by Laws 2013, c. 208, § 154, eff. Feb. 1, 2014.