23-1047. Procedure for determining
compensation for partial disability and permanent total disability
in cases not enumerated; procedure for determining nonscheduled
dependency and duration of compensation to partial dependents in
death cases
A. In cases of permanent partial disability under section 23-1044, subsection B,
paragraph 22 and subsections C and F, when the physical condition of the injured employee
becomes stationary, or in the case of permanent total disability not enumerated in
section 23-1045, and under section 23-1045, subsection D, or in death cases under section
23-1046, subsection B, the employer or insurance carrier within thirty days shall notify
the commission and request that the claim be examined and further compensation, if any,
be determined. A copy of all medical reports necessary to make such determination also
shall be furnished to the commission. The employer or insurance carrier may commence
payment of a permanent disability award without waiting for a determination under
subsection B of this section.
B. Within thirty days after the commission receives the medical reports, the claims
shall be examined and further compensation, including a permanent disability award, if
any, determined under the commission's supervision. If necessary, the commission may
require additional medical or other information with respect to the claim and may
postpone the determination for not more than sixty additional days. Any determination
under this subsection may include necessary adjustments in any compensation paid or
payable.
C. The commission shall mail a copy of the determination to all interested parties.
Any such party may request a hearing under section 23-941 on the determination made under
subsection B of this section within ninety days after copies of the determination are
mailed.
D. Any person receiving permanent compensation benefits shall report annually on
the anniversary date of the award to the self-insured employer or insurance carrier all
of the person's earnings for the prior twelve-month period. In the event the person fails
to make such report the self-insured employer or insurance carrier shall notify the
person that such report has not been received and that payment of further benefits will
be suspended unless such report of earnings is filed within thirty days. After thirty
days have elapsed from the date of such notice, the self-insured employer or insurance
carrier may issue a notice to the person suspending payment of further benefits and no
further payments need be made until such report of earnings is filed.
E. Any person receiving permanent compensation benefits from the special fund
established by section 23-1065 shall report annually on the anniversary date of the award
to the industrial commission all of the person's earnings for the prior twelve-month
period. In the event the person fails to make such report the industrial commission shall
notify the person that such report has not been received and that payment of further
benefits will be suspended unless such report of earnings is filed within thirty days.
After thirty days have elapsed from the date of such notice, the industrial commission
may issue a notice to the person suspending payment of further benefits and no further
payments need be made until such report of earnings is filed.
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