GQ Corner
Q. When calculating the deadline for issuing payment of benefits pursuant to a medical report, is “day 1” of the timeframe the date on which we receive the report or the first day after that date?
A. The first day after that date. Rule 102.3 addresses computation of time and specifically provides that for purposes of computing due dates and time periods under the statute, the “first day” is excluded and the last day is included. In other words, you would consider “day 1” to be the first day after the date of receipt.
Q. If we filed a PLN-1 to deny a claim but later chose to accept it as compensable, do we have to file a new PLN-1 indicating as such? What about a DWC-24 agreement memorializing our decision?
A. No, you would not file a PLN-1 as this form is only appropriate or necessary in the context of denial. Similarly, you have no obligation to execute or file a DWC-24 Benefit Dispute Agreement stipulating that the claimant sustained a compensable injury. You may simply adjust the claim based on the decision to accept compensability.
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