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  1. #11
    Join Date
    Jun 2014
    Location
    Jamestown, North Dakota, United States
    Posts
    120

    Default Re: What Happens if an Employer Files a Late Report of Injury

    It was not reviewed according to how the statute states it should be reviewed. Please read my question again. Step one filed late, step 2 a neutral party decides if it is late to good cause, step 3 if filed late with good cause, goes back to wsi person handling the caee, step 4. If filed late with no good cause, that neutral party decides if claim is accepted or denied.

    That is how it works according to the statute, now it was not handled in proper order, so what are my options because of that now?

    - - - Updated - - -

    Not trying to be rude sorry. Just want to understand this, if it didn't matter, they wouldn't have a time limit for the employer to file. Also, something must happen weather it is a fine or had to be granted to me or start over, or they can't use any records for court? Just trying to understand because wsi didn't follow the procedure either, on what would be done? Regardless of reason for denial I don't care, I care about what happens because they didn't follow procedure

  2. #12
    Join Date
    Jan 2015
    Posts
    1,135

    Default Re: What Happens if an Employer Files a Late Report of Injury

    The neutral party IS the worker's comp division employee who reviewed the claim. They are not on the employers side or the employee's side. They probably get late filings from employers frequently, and there are guidelines for how they go about giving the employer a certain amount of time to respond, and informing them that if they have not responded the decision will be made without their input. However, that does not mean that the agency, looking at the data that has been presented, is going to find for the employee. It may increase the likeliness that they will, depending on the facts as they receive them, but it's not a slam dunk "they didn't answer, so you win."

    When you go to the next step, it's as though they were in a whole new ball game. The employer gets to present evidence, you get your evidence presented, and the decision is made based on THIS evidence. Keep it in the next hearing off the whole issue of whether or not your employer filed their response to your claim in a timely manner before the first decision. It's not a winner, is not going to help you.

    They're going to review the initial situation and make a second determination because you exercised your right to appeal the first determination. They're not going to give it to you just because your employer filed a late response to the first filing of the claim.

  3. #13
    Join Date
    Jun 2014
    Location
    Jamestown, North Dakota, United States
    Posts
    120

    Default Re: What Happens if an Employer Files a Late Report of Injury

    Right, bit they used the employer's info when he was passed due and had no good reasoning. It never even went the route it should, so what do you do whe your rights have been violated, no need go argue about it as my rights were violated by not following the statute.
    So when that happens and with this case, what do i d ok about it? I even listed the exampless above, if I am wrong In that, please tell me than how it works. Thanks

  4. #14
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if an Employer Files a Late Report of Injury

    Your rights were not violated. Nobody did anything contrary to the statute -- at least, not from what you've told us. You remain free to litigate your denied claim.

  5. #15
    Join Date
    Jun 2014
    Location
    Jamestown, North Dakota, United States
    Posts
    120

    Default Re: What Happens if an Employer Files a Late Report of Injury

    So they don't have to follow the statute that is provided with the two in refrence. Than please tell me how they work. Thanks

  6. #16
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: What Happens if an Employer Files a Late Report of Injury

    Okay, who do YOU think was supposed to review the claim, in order to "follow the statute" as you believe it should have been followed?

  7. #17
    Join Date
    Jun 2014
    Location
    Jamestown, North Dakota, United States
    Posts
    120

    Default Re: What Happens if an Employer Files a Late First Report of Injury

    I answered this in the step 1 step 2 process I posted. I don't want to have to repeat please, thank you. I even posted the century codes, if I'm wrong please explain what it means than.

  8. #18
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: What Happens if an Employer Files a Late First Report of Injury

    WHAT different organization do you believe should have done the review?

    Either answer the question or take your moaning elsewhere, please.

  9. #19
    Join Date
    Jun 2014
    Location
    Jamestown, North Dakota, United States
    Posts
    120

    Default Re: What Happens if an Employer Files a Late First Report of Injury

    I don't know, let's just say xyz. Doesn't matter which one in the example I gave. Dunno if the century code is stating organization should of reviewed it. Or maybe it means person, but I'm thinking it is stating an organization. If I m wrong. Explain how them century codes work than please. Thank you.

    - - - Updated - - -

    Let's say there is no other organizatipn, if the law states it has to be done that way, it still needs to be done that way and they better figure it out.

  10. #20
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Happens if an Employer Files a Late First Report of Injury

    The statutes have already been explained to you, and so far the only "violations" you have identified seem to exist only in your imagination.

    You should discuss the ostensible violations of the statute that concern you with the lawyer who is helping you litigate your case.

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