An employer may controvert the right to compensation by filing with the Commissioner on or before the 14th day after he has knowledge of the alleged injury or death, a notice in accordance, with a form prescribed by the Commission stating that the right to compensation is controverted, the name of the claimant, the name of the employer, the date of the alleged injury or death and the grounds upon which the right to compensation is controverted. To officially file a controvert notice, the employer must use Form PER-37: Notice to Controvert Claim.

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If an employer disputes an injury or claim, when can it file a Controvert Notice?

Here are two ways an employer may initiate on filing a controvert notice if an alleged employee injury or claim is being disputed. Failure or neglect to properly file a controvert notice on time may result in the employee's claim to be awarded for compensation without contest.

 

• Within 14-days from date of having first knowledge of the employee's alleged injury or death. First knowledge can also be firmly established when the employer officially receives the employee's injury reporting notification.

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• Within 14-days upon receipt of a Notice of a Claim Filed (NCF) from the Commission. An NCF document officially notifies the respondent (employer) that the injured employee has officially filed a claim before the Commission. Upon receipt of an NCF, the employer is given 20-days not only to provide a response to the claim but also being mandated to order a hearing with the Commission if the claim is disputed. If no hearing is ordered within 20-days, the Commissioner may decide either to award or reject the claim without any further contest from the employer. 

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