| Workers' Compensation
Attorney
Frequently Asked Questions:
- Do the changes in statute and rule
requiring electronic filing of all First Reports of Injury impact
when a First Report is required? In other words, is a First Report
required for all claims, including medical only claims?
No. §8-43-101(1) was amended so that a First Report must be filed
upon the contraction of certain occupational diseases, as outlined in
Rule 5-2(B)(2). That is the only expansion of when a First Report must
be filed. Also, whenever any claim is denied, including a medical only
claim, a First Report must be filed. That has been the Division’s
policy for some time, and is now clearly stated in rule. Other than
the expansion for occupational diseases, and the clarification on
denied claims, the requirements for when a First Report of Injury must
be filed with the Division have not changed. The mandate for
electronic filing involves the mechanism for how a First Report is
filed, not when one is required. The rule stating all First Reports
must be filed electronically is specifically directed to all First
Reports that are required by statute to be filed with the Division.
- Does the requirement in Rule 5-11(B) that
a Final Payment Notice be submitted in every claim for which benefits
were paid impact when a First Report of Injury must be filed?
No. The requirement for a Final Payment Notice applies to claims
that have been filed with the Division. The requirement does not have
any effect on when a First Report must be filed. If a First Report has
not been filed with the Division, such as in a medical only claim, no
Final Payment Notice is required.
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