Contested/Controverted Claims

Here is an overview of the main points of the contested claim rules, known as the “Rocket Docket.”

There must be bona fide grounds to controvert a case. If the dispute does not have a proper factual and legal basis, penalties may be assessed.

The carrier must have signed statements from your company’s supervisors/co–workers/witnesses within 14 calendar days from the filing of the Notice of Controversy, If those statements are not secured in a timely manner, and then sent to the board within 20 calendar days from the Notice of Controversy, the carrier will be precluded from taking testimony of those witnesses. There will be a pre-hearing conference within 30 calendar days from the Notice of Controversy.

There will be an expedited hearing scheduled within 60 days of the filing of the Notice of Controversy. Unless there is an emergency such as a death in the family or serious illness or injury, the employer witnesses will not be permitted an adjournment. Any request for an emergency adjournment must be submitted in writing.

Because of the Workers’ Compensation Board’s legally mandated narrow time restraints for the resolution of contested claims, it is important that the employer provides all relevant information including the names of all potential witnesses when contacted at the outset of the claim. It is vital that the employer cooperate with investigators assigned by the carrier and that employer witnesses are made available when scheduled to testify at hearings.

Through our Early Intervention Program, our Lovell’s Claims Staff takes a highly proactive role and works closely with the carrier in the management of controverted claims to ensure the best possible chance of a favorable outcome.