HB0257 - Workers' compensation-time for filing claims.

 

2001

State of Wyoming

01LSO-0571

 

 

 

HOUSE BILL NO.  HB0257

 

 

Workers' compensation-time for filing claims.

 

Sponsored by:  Representative(s) Landon

 

 

A BILL

 

for

 

 1  AN ACT relating to workers' compensation; amending times
 2  for filing claims as specified; and providing for an
 3  effective date.

 4 

 5  Be It Enacted by the Legislature of the State of Wyoming:

 6 

 7         Section 1.  W.S. 27-14-601(k)(i), (ii), (iv) and (vi)
 8  is amended to read:

 9 

10         27-14-601.  Payment or denial of claim by division;
11  notice; objections; review and settlement of claims.

12 

13         (k)  Determinations by the division pursuant to this
14  section and W.S. 27-14-605 shall be in accordance with the
15  following:

16 

 

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 1              (i)  The initial review of entitlement to
 2  benefits pursuant to subsections subsection (a) and (e) of
 3  this section shall be made by the division within fifteen
 4  (15) days after the date the injury report or claim is
 5  filed, or thirty (30) days after a claim for benefits
 6  pursuant to subsections (b) and (d) of this section is
 7  filed. Following initial review, the division shall issue a
 8  final determination or if a final determination cannot be
 9  made based upon available information at that time, the
10  division may issue a request for additional information as
11  necessary;

12 

13              (ii)  Following issuance of a request for
14  additional information under paragraph (k)(i) of this
15  section, the division shall investigate the matter and
16  issue its final determination within forty-five (45) sixty
17  (60) days after issuing the request the injury report or
18  claim was filed;

19 

20              (iv)  Any interested party may request a hearing
21  before a hearing examiner on the final determination of the
22  division by filing a written request for hearing with the
23  division within fifteen (15) days after the date the notice
24  of the final determination was mailed by the division.  If

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 1  the division has not rendered a final determination within
 2  sixty (60) days following the date the injury report or
 3  claim was filed, any interested party may request a hearing
 4  before a hearing examiner in the manner prescribed by this
 5  paragraph. If the written request for hearing is sent to
 6  the division by certified or registered mail, postage
 7  prepaid, return receipt requested, proof of such mailing
 8  within the time provided by this subsection with a receipt
 9  signed by an agent of the state of Wyoming shall be
10  presumed to be timely filing of the request with the
11  division;

12 

13              (vi)  If timely written request for hearing is
14  not filed, the final determination by the division pursuant
15  to this subsection shall not be subject to further
16  administrative or judicial review, provided however that,
17  in its own discretion, the division may make a
18  redetermination within one (1) year after the  date of an
19  original determination regardless of whether a party has
20  filed a timely appeal.

21 

22         Section 2.  This act is effective July 1, 2001.

23 

24                         (END)

 

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