Wc-3, Notice To Controvert (Page 2 of 2) in pdf

WC-3

NOTICE TO CONTROVERT

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

INFORMATION FOR THE INSURER/SELF-INSURER:

Board Rule 61(b)(1): An insurer who receives a Form WC-1 from an employer shall clearly stamp the date of receipt on the form, review Section A, and

complete any unanswered questions. The insurer shall complete either Section B or Section C and, by the 21st day following the employer's knowledge of

disability, forward the original to the Board and a copy to the employee.

Board Rule 61(b)(4): Form WC-3. Notice to Controvert Payment of Compensation. Complete Form WC-3 to controvert when a Form WC-1 has

previously been filed. Furnish copies to employee and any other person with a financial interest in the claim. See subsections (d), (h), and (i) of Code 34-

9-221 and Rule 221.

O.C.G.A. 34-9-221(d): If the employer controverts the right of compensation, it shall file with the Board, on or before the twenty-first day after knowledge

of the alleged injury or death, a notice in accordance with the form prescribed by the Board, stating that the right of compensation is controverted and stating

the name of the claimant, the name of the employer, the date of the alleged injury or death, and the ground upon which the right to compensation is

controverted.

Board Rule 221(d): To controvert in whole or in part the right to income benefits or other compensation use Form WC-1 or WC-3. Failure to file the Forms

WC-1 or WC-3 before the 21st day after knowledge of the injury or death may subject the employer/insurer to assessment of attorney's fees. See O.C.G.A.

34-9-108(b)(2)(3).

O.C.G.A. 34-9-221(h): When compensation is being paid without an award, the right to compensation shall not be controverted except upon the grounds

of change in condition or newly discovered evidence unless a notice to controvert is filed with the Board within 60 days of the due date of first payment of

compensation.

Board Rule 221(h)(1): A Form WC-3 shall not be used to suspend benefits if the only issue is length of disability. In these cases, suspend benefits by filing

a Form WC-2 or follow the procedure outlined in Rule 240. If liability is denied subsequent to commencement of payment, but within 60 days of due date of

first payment of compensation, file Form WC-3 in addition.

O.C.G.A. 34-9-221(i): When compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a

change in condition or newly discovered evidence, the employer shall, not later than 10 days prior to the due date of the first omitted payment of income

benefits, file with the Board and the employee or beneficiary a notice to controvert the claim in a manner prescribed by the Board.

Board Rule 221(h)(2): If income benefits have been continued for more than 60 days after the due date of first payment of compensation, benefits may be

suspended only on the grounds of a change in condition or newly discovered evidence. File Forms WC-2 or WC-2(a). When controverting a claim based

on newly discovered evidence, file Form WC-3 also.

O.C.G.A. 34-9-108(b)(2): If any provision of Code Section 34-9-221, without reasonable grounds, is not complied with and a claimant engages the

services of an attorney to enforce rights under that Code Section and the claimant prevails, the reasonable fee of the attorney, as determined by the Board,

and the costs of the proceedings may be assessed against the employer.

INFORMATION FOR THE EMPLOYEE:

This claim is being controverted for the reason(s) indicated on the front of this form. If you disagree, you should request a hearing by sending Form WC-14

to the State Board of Workers’ Compensation at the address below. If you need a Form WC-14, please contact the State Board of Workers’ Compensation

at the phone numbers listed below or visit the website.

STATE BOARD OF WORKERS' COMPENSATION

270 Peachtree Street, N.W.

Atlanta, Georgia 30303-1299

404-656-3818

In Atlanta:

1-800-533-0682

or:

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).

WC-3

REVISION . 07/2011

NOTICE TO CONTROVERT

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Wc-3, Notice To Controvert Page 2

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