If you settle your workers compensation case, your agreement will be sent to the Board for approval. Unless you agree that the insurance company will have an extension, it must pay your benefits within 14 days of the approval of the agreement. AS 23.30.155(f). If the payment is not postmarked by the 14th day after the agreement is approved, the insurance company owes you another 25% on top of what it agreed to pay you. It used to be the insurance company would voluntarily include that payment when the first check is mailed, as it required under the law. But now you must fight for it.
Also if you win an award from the Board after a hearing, it’s the same thing. The insurance company must mail the payment by day 14. If it doesn’t, then it owes you another 25%.
There are no excuses. Either the insurance company mailed the payment on time or it did not.
To get the additional 25%, you will need to file a Claim with the Board. An attorney would be happy to help you.
Keenan Powell has practiced Workers Compensation law in the State of Alaska for over 30 years and has dedicated her practice to Workers Compensation representing injured Alaskans handling hundreds of cases. www.keenanpowell.com.
All consultations are free. To make an appointment, use the contact form on this website or call: 907 258 7663.