62-7-35.1. Time limitation for claiming additional compensation–Application of limit. In any case in which any benefits have been tendered pursuant to this title on account of an injury, any claim for additional compensation shall be barred, unless the claimant files a written petition for hearing pursuant to §62-7-12 with the department within three years from […]
62-7-35.2. Application of time limits to minor or person with mental illness or developmental disability. The provisions of §§62-7-35 and 62-7-35.1 do not apply to a person with a mental illness, a person with a developmental disability, or a minor if the person has no guardian or legal representative. The limitations of §§62-7-35 and 62-7-35.1 […]
62-7-35.3. Right to compensation barred under certain circumstances. The right to compensation under this title is forever barred if no medical treatment has been obtained within seven years after the employee files the first report of injury. Source: SL 1999, ch 261, §12.
62-7-36. Approval of legal fees–Amount–Lump sum payment. Except as otherwise provided, fees for legal services under this title shall be subject to approval of the department. Attorneys’ fees may not exceed the percentage of the amount of compensation benefits secured as a result of the attorney’s involvement as follows: (1)Twenty-five percent of the disputed amount […]
62-7-37. Mediation–Promulgation of rules. If the employer and injured employee do not agree as to compensability in whole or in part, either party may request the department to conduct a mediation. The mediation shall be in a location convenient to the parties or by telephonic conference and shall be conducted in accordance with rules promulgated […]
62-7-38. Multiple employers or insurers where preexisting injury or cumulative trauma claimed–Responsibility for payment. In cases where there are multiple employers or insurers, if an employee claims an aggravation of a preexisting injury or if an injury is from cumulative trauma making the exact date of injury undeterminable, the insurer providing coverage to the employer […]
62-7-39. Determining permanent partial or permanent total disability compensation. An employee, employer, employer’s insurer, or self-insured employer shall be permitted to use the results of post-offer base line testing or a functional capacity assessment, as utilized by Guidelines to the Evaluation of Permanent Impairment established by the American Medical Association, sixth edition, July 2009 reprint, […]
62-7-40. False testimony. In proceedings for workers’ compensation benefits brought under this title, if the finder of fact determines that any person testifying in the proceeding has knowingly sworn falsely to any material fact in the proceeding, then the finder of fact may reject all of the testimony of that witness. Source: SL 1995, ch […]
62-7-41. Supplemental wage benefit for employee unable to return to usual and customary employment. If an employee is not totally disabled but is unable to return to the employee’s usual and customary employment, the employer may, in lieu of rehabilitation, require the employee to accept, in addition to an earned income, a supplemental wage benefit […]
62-7-5. Agreement as to compensation–Approval by department. If the employer and employee reach an agreement in regard to the compensation under this title, a memorandum of the agreement shall be filed with the department by the employer or employee. Unless the department within twenty days notifies the employer and employee of its disapproval of the […]
62-7-6. Petition for lump-sum settlement–Hearing by and order of department–Beneficiaries excluded–Partial lump sum payment. An employer or employee who desires to have any unpaid compensation paid in a lump sum may petition the Department of Labor and Regulation asking that the compensation be paid in that manner. If, upon proper notice to interested parties and […]
62-7-7. Appointment of conservator or administrator in connection with lump-sum settlement. If necessary, upon proper application being made, a conservator or administrator, as the case may be, may be appointed for any person under disability who may be entitled to any compensation under this title, and an employer bound by the terms of this title […]
62-7-8. Fees for health services subject to approval–Excessive fees or services. Except as otherwise provided, fees for health services, including hospital services, depositions, and reproduction of medical and hospital information, under this title are subject to approval of the department. The department shall, by rule promulgated pursuant to chapter 1-26, establish standards and procedures for […]
62-7-8.1. Ability to pay for health care–Impermissible basis for higher fees–Misdemeanor. No health care provider may charge a higher price for goods, care or services rendered to an injured worker who is eligible for workers’ compensation benefits based on the ability of the employer or the insurer to pay for such goods, care or services. […]
