Contested/Controverted Claims

Lovell Safety Management - Excellence in Service

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.

86 + Years

Safety Group Manager

$1 Billion +

Reserve Savings
To Date

15 + Years

Average NYS WC Experience
for Claims Managers

$25 Million

Reserve Savings
Year To Date

What others say about our Claim Services

We have had a relationship with Lovell since 1989. Lovell is just like having your own private team. There is always someone who can get any information you need from the Workers’ Compensation Board. Help with all claims from filing to closing them out. Having a private nurse available to determine the urgency of the claim and helping in getting these people back to work as soon as possible.

Lovell Safety Management has been instrumental in helping me coordinate safety practices and procedures for our facility. Wael has been responsive and is always available when I have a question or require his presence at our facility. Our company has worked with Lovell Safety Management for many years and their service has always been superior. We would gladly recommend them.

Working as a team with the Nurse Case Manager and our employee, we can control the claim process to best serve all parties both quickly and efficiently. … Our employee feels that the “system” cares and is trying to be of help in making him well and returning him to work. As the employer, we can help control the final cost of our claims by offering modified duty to the employee and we are kept up to date on the status of each claim. The EIP helps cut through the red tape so that our employee can return to work more quickly. It has taken the confusion out of a workers’ compensation claim. It is definitely a win–win situation.

Lovell Safety Management is a service-oriented company. They offer their assistance to us every step of the way.

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