Agenda Packets - 1982/07/26 - Laserfiche WebLink

Home Browse Search

Rushton & Korney Arrorneys or Lo%v Sure 504. Roseville Professional Cenrer 2233 Homhne Avenue Nonh fbSeville, Mnnesoro Telephone (612) 6369654 Mork A Korney Nthord Meyers 5horosW.N,hron July 26, 1982 OfCWNA Donald Pauley City of Mounds View 2401 Highway 10 Mounds View, MN 55112 Re: Workers' Compensation Benefits and Injury on Duty Pay Dear Don: I have reviewed the material with regard to Chris Weston and his claim for workers' compensation benefits against the City. I submit the following information and recommendations: Under state law an employee is supposed to notify an employer of a work related injury within 14 days of occurrence. However, the employee may give notice within 30 days from the date of injury and unless the employer is prejudiced in some fashion the notice is sufficient. In addition, the employee may give valid notice within 180 days of the date of injury if the delay in giving notice was caused by mistake, inadvertance, or ignorance of law or fact. The insurance carrier must pay benefits within 14 days of notice of injury but can file a 30 day extension in which to investigate the propriety of any claim. It is the insurance carrier's responsibility during this period to properly investigate the claim and pay or deny benefits. With the extension provisions the insurance carrier should have sufficient time to investigate a claim and make a determination. In the Weston wattar notice was properly given. Apparently the insurance carrier did not invesigate the claim but began paying benefits. It was not until after the investigation that the benefits were discontinued. I would recommend the following to avoid any future conflicts with regard to benefits and injury on duty pay: 1. The City should encourage all employees to report any injuries immediately upon occurrence. 2. All employees should be given written notice upon commencement of employment to report any injury to, their