Legislation
SECTION 21-A
Temporary payment of compensation
Workers' Compensation (WKC) CHAPTER 67, ARTICLE 2
§ 21-a. Temporary payment of compensation. 1. Notwithstanding any
other provision of this chapter to the contrary, in any instance in
which an employer is unsure of the extent of its liability for a claim
for compensation by an injured employee pursuant to this chapter, such
employer may initiate compensation payments and payments for medical
treatment and care, including prescribed medicine and continue such
payments for one year, without prejudice and without admitting
liability, in accordance with a notice of temporary payment of
compensation, on a form prescribed by the board.
2. The notice of temporary payment of compensation authorized by
subdivision one of this section shall be delivered to the injured
employee and the board. Such notice shall notify the injured employee
that the temporary payment of compensation and medical treatment and
care, including prescribed medicine shall not be deemed to be an
admission of liability by the employer for the injury or injuries to the
employee. The board, upon receipt of a notice of temporary payment of
compensation, shall send a notice to the injured employee stating that:
(a) the board has received a notice of temporary payment of
compensation relating to such injured employee;
(b) the payment of temporary compensation and medical treatment and
care, including prescribed medicine and the injured employee's
acceptance of such temporary compensation and medical treatment and
care, including prescribed medicine shall not be an admission of
liability by the employer, nor prejudice the claim of the injured
employee;
(c) the payment of temporary compensation and medical treatment and
care, including prescribed medicine shall terminate on the elapse of:
one year, or the employer's contesting of the injured employee's claim
for compensation and medical treatment and care, including prescribed
medicine, or the board determination of the injured employee's claim,
whichever is first; and
(d) the injured employee may be required to enter into an agreement
with the employer to ensure the continuation of payments of temporary
compensation and medical treatment and care, including prescribed
medicine.
3. An employer may cease making temporary payments of compensation and
medical treatment and care, including prescribed medicine if such
employer delivers within five days after the last payment, to the
injured employee and the board, a notice of termination of temporary
payments of compensation on a form prescribed by the board. Such notice
shall inform the injured employee that the employer is ceasing temporary
payment of compensation and medical treatment and care, including
prescribed medicine. Upon the cessation of temporary payments of
compensation and medical treatment and care, including prescribed
medicine, all parties to any action pursuant to this chapter shall
retain all rights, defenses and obligations they would otherwise have
pursuant to this chapter without regard for the temporary payment of
compensation and medical treatment and care, including prescribed
medicine.
4. The failure of an employer to provide the notice of termination,
pursuant to subdivision three of this section, within one year of the
commencement of temporary payment of compensation shall be deemed to be
an admission of liability by the employer and the notice of temporary
payment of compensation shall be converted to a notice of compensation
payable.
other provision of this chapter to the contrary, in any instance in
which an employer is unsure of the extent of its liability for a claim
for compensation by an injured employee pursuant to this chapter, such
employer may initiate compensation payments and payments for medical
treatment and care, including prescribed medicine and continue such
payments for one year, without prejudice and without admitting
liability, in accordance with a notice of temporary payment of
compensation, on a form prescribed by the board.
2. The notice of temporary payment of compensation authorized by
subdivision one of this section shall be delivered to the injured
employee and the board. Such notice shall notify the injured employee
that the temporary payment of compensation and medical treatment and
care, including prescribed medicine shall not be deemed to be an
admission of liability by the employer for the injury or injuries to the
employee. The board, upon receipt of a notice of temporary payment of
compensation, shall send a notice to the injured employee stating that:
(a) the board has received a notice of temporary payment of
compensation relating to such injured employee;
(b) the payment of temporary compensation and medical treatment and
care, including prescribed medicine and the injured employee's
acceptance of such temporary compensation and medical treatment and
care, including prescribed medicine shall not be an admission of
liability by the employer, nor prejudice the claim of the injured
employee;
(c) the payment of temporary compensation and medical treatment and
care, including prescribed medicine shall terminate on the elapse of:
one year, or the employer's contesting of the injured employee's claim
for compensation and medical treatment and care, including prescribed
medicine, or the board determination of the injured employee's claim,
whichever is first; and
(d) the injured employee may be required to enter into an agreement
with the employer to ensure the continuation of payments of temporary
compensation and medical treatment and care, including prescribed
medicine.
3. An employer may cease making temporary payments of compensation and
medical treatment and care, including prescribed medicine if such
employer delivers within five days after the last payment, to the
injured employee and the board, a notice of termination of temporary
payments of compensation on a form prescribed by the board. Such notice
shall inform the injured employee that the employer is ceasing temporary
payment of compensation and medical treatment and care, including
prescribed medicine. Upon the cessation of temporary payments of
compensation and medical treatment and care, including prescribed
medicine, all parties to any action pursuant to this chapter shall
retain all rights, defenses and obligations they would otherwise have
pursuant to this chapter without regard for the temporary payment of
compensation and medical treatment and care, including prescribed
medicine.
4. The failure of an employer to provide the notice of termination,
pursuant to subdivision three of this section, within one year of the
commencement of temporary payment of compensation shall be deemed to be
an admission of liability by the employer and the notice of temporary
payment of compensation shall be converted to a notice of compensation
payable.