§ 85A-86. Controversion of employee's right to claim compensation.

A.  1.  Each employer desiring to controvert an employee's right to compensation shall file with the Commission on or before the fifteenth day following notice of the alleged injury or death a statement on a form prescribed by the Commission that the right to compensation is controverted and the grounds for the controversion, the names of the claimant, employer, and carrier, if any, and the date and place of the alleged injury or death.

2.  Failure to file the statement of controversion shall not preclude the employer's ability to controvert the claim or cause it to waive any defenses.  The employer can make additional defenses not included in the initial notice at any time.

B.  If an employer is unable to obtain sufficient medical information as to the alleged injury or death within fifteen (15) days following receipt of notice, although the employer has acted in good faith and with all due diligence, the employer may apply in writing for an extension of time for making payment of the first installment or controverting the claim.  This written application is to be postmarked within the fifteen-day period.  The Commission may, in its discretion, grant the extension and fix the additional time to be allowed.  Filing of application for an extension shall not be deemed to be a controversion of the claim.

C.  The provisions in subsection B of this section shall not apply in cases where the physician is an employee of, on retainer with, or has a written contract to provide medical services for the employer.

Added by Laws 2013, c. 208, § 86, eff. Feb. 1, 2014.