§392-44.5 - Notice of denial.
[§392-44.5] Notice of denial. No
employer or insurer shall deny disability benefits to an employee without first
submitting a copy of the notice of denial to the department. The department
shall review the denial within ten days of the receipt of the notice. If the
department finds the denial erroneous, without proper legal basis, or without
sufficient evidence to support it, the department shall request the employer or
insurer to reconsider its action in denying disability benefits. If upon
reconsideration the employer or insurer again decides to deny disability
benefits, the employee and the department shall be so notified. The employee
shall have the right to appeal the denial of disability benefits. [L 1972, c
120, §1]