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Employer-
contesting liability on a filed claim

An employer has the right to contest its liability against any claim filed by an employee for workmen's compensation. The employer may properly contest and controvert its right to compensate a claim through substantial evidence of the injury or death did not arise or due to the employee's employment, or by the following presumptions in the absence of substantial evidence to the contrary:

  • Injury or death being solely due to intoxication of the employee

  • Injury or death being solely due by the willful intent of the employee

To properly controvert right of compensation on a claim, the employer must file a controvert notice (Form PER 37: Notice to Controvert Claim) by the 14th day after it has knowledge of the alleged injury or death using a form prescribed by the Commission. The employer may also file such notice within 14th day upon receipt of employee injury notification or a Notice of Filed Claim. An employer's first knowledge of such injury can also be established upon receipt of a Notice of Filed Claim by an employee, or upon receipt of the employee's report or notification of injury.

For more information on Right to Controvert Claim - Click Here

© 2024 by the Office of the Workmen's Compensation Commission

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