New York Third Department Reaffirms Deadlines for Controverting Workers’ Compensation Claims

There was only one workers’ compensation decision from the Third Department on May 7, and it is a really good case to keep in your back pocket if the claimant’s counsel tries to argue the carrier waived their right to controvert a claim.

Shakil v. NYCTA

When an employer files a First Report of Injury (FROI) M-Medical Only, L-With Liability, that is not a waiver of the right to controvert the claim. There may be an assessment of a penalty for failing to file a controverted claim or begin paying benefits within the time limits of WCL § 25 (2) (a). But no preclusion to controvert a case. In fact, because of how the eFiling system works, the employer has no choice but to enter “L-With Liability” for a medical-only claim. Here the claimant’s counsel sought to overturn a Board finding against his client based on the argument that the “L-With Liability” entry was a waiver of the right to controvert. The Appellate Division held that the only deadlines for controverting a claim are the 25 Days after a Notice of Indexing, and within one year, if benefits are paid without prejudice. WCL § 21-a (1)