These are just very general definitions of the terms that are often used in workers` compensation claims. There are many legal complexities that are related to most of these terms. VA – same voluntary agreement – a contract (usually four copies on coloured paper) that identifies the applicant, employer and insurer, date of violation, compensation rate and other information relevant to the claim. Both parties sign the VA and it is approved by the Commission. It is not a final settlement. Voluntary agreements should be subject to very careful consideration before signing. A: A Form 43 is filed by the employer/insurer who challenges the acceptance of the case or any other aspect of your application. If a Form 43 is submitted and you require medical treatment, Form 43 may be submitted to your doctor and/or your policyholder. Your private health insurance is legally obliged to pay for medical care denied by workers` compensation.
A: If the employer or insurer does not challenge a right in a timely manner, it may be excluded to challenge the acceptance of the claim or the extent of the disability in the future. If a compensation officer grants a waiver, the case is considered accepted and the employer/insurer must pay all medical treatment and compensation benefits. In the event of exclusion, the employer or insurer loses the right to have the applicant examined by a physician of his choice, or even the right to question the applicant at a formal hearing. (b) prior to the termination or reduction of the payment due to the total or partial incapacity to work under such an agreement, the employer or insurer of the employer informs the employer or insurer of the employer, where it is alleged by or on behalf of the aggrieved worker that the worker`s incapacity to work persists, the agent and the worker by certified mail of the suspension or the proposed reduction of these payments. This notice indicates the reason for the proposed cancellation or reduction, as well as the date on which the deletion or reduction proposal begins. Abandonment or mitigation is not effective unless the Commissioner has expressly authorized it in writing. The worker may, no later than a fortnight after receiving such a dismissal, request the proposed hiring or reduction. Any request for a hearing is a priority over requests for hearings on other issues. The Commissioner does not authorize this classification or a reduction until the application period for a hearing or the closing of a hearing has expired, depending on the later date.
If the delegate finds that an employer has suspended or reduced payments made under this section without the Commissioner`s consent, that employer is required to pay the worker the full amount of all payments paid or the total amount for which those payments were reduced. if applicable, interest of a quarter of a per month or part of a month on all payments not made or on the total amount possibly reduced from those payments, as well as reasonable legal fees incurred by the worker in connection with such hiring or reduction, as well as reasonable legal fees incurred by the worker in the event of an undertaking or reduction.