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Workers' Compensation Board

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Frequently Asked Questions

  1. Why was my FROI measured when it was received prior to the current quarter being measured? If an initial FROI is received giving no initial date of disability (no lost time) but FROI/SROI is filed in measurable quarter by same carrier with an initial date of disability present, the initial FROI received becomes measurable for timeliness.
  2. I filed a FROI 00 months ago, and then filed a FROI 02 which updated the insurer FEIN, why is the FROI 02 being measured and not the initial FROI received? The Board is measuring the filing made by the carrier of record at the end of the quarter. If the FROI 00 contained the wrong insurer FEIN, it is not considered a proper filing with the Board. Therefore, making the FROI 02 the first FROI received by the proper Insurer.
  3. Due to late notice by the employer our FROI was filed late, should I request review? No, the penalty stands as Section 54(2) of the Workers Compensation Law states notice and knowledge to the employer is notice and knowledge to the carrier. It is in the best interest of the carrier to educate their employers regarding timely notice. The Board regularly speaks with employers and has and will continue to advise them of their obligation to timely notify carriers of an injury.
    The Board is tracking both the employer knowledge date along with the claims administrator knowledge date. Initially no penalties will be imposed against the employer. After an initial time period, all penalties available under the law will be considered including when appropriate, WCL 110 (4) against the employer
  4. What if the Payer notices that incorrect data was submitted to the Board after a penalty has been issued that changes the timelines and makes the claim timely? The Payer should request review of the penalty and send the FROI 02 making the correction. The Request for Review will be processed and the penalty will be withdrawn. The Payer's should send all corrections (FROI 02) prior to the end of the quarter so that the data measured is accurate.
  5. What if the Payer notices that incorrect data was submitted to the Board which would not change the timeliness of the FROI? The Payer should send the FROI 02 making the correction as soon as possible. The Payer should not request review of the penalty.
  6. I thought Payor Compliance was only measuring lost time claims. Why are you measuring my FROI when the injured worker only lost three days due to this injury? We are measuring cases that have at least one day of lost time per the definition of disability event.
    • "Disability event" means any accident, including death resulting therefrom, occurring in the course of employment or any alleged accident, including death resulting therefrom, that results in personal injury which has caused or will cause a loss of time from regular duties of one day beyond the working day or shift on which the accident or alleged accident occurred, or which has required or will require medical treatment beyond ordinary first aid or more than two treatments by a person rendering first aid; or any disease or alleged disease, including death resulting therefrom, claimed to have been caused by the nature of the employment and contracted therein.
    A First Report of injury is due once an injured worker loses a day beyond the working day or shift or has treatment beyond first aid. Even though your case is a medical only, as long as the claimant loses one day beyond the working day or shift it is a measurable claim, whether the lost time is compensable or not.