10.5 Waiting Period Copy

Income Benefits

An employee is entitled to income benefits.

Except as otherwise provided, income benefits shall be paid weekly as and when they accrue without order from the Department of Insurance. Interest on accrued but unpaid benefits shall be paid, without order of the Department of Insurance, at the time the accrued benefits are paid.

The Department of Insurance by rule shall establish requirements for agreements under which income benefits may be paid monthly. Income benefits may be paid monthly only:

• On the request of the employee and the agreement of the employee and the insurance carrier; and
• In compliance with the requirements adopted by the

Accrual of Right to Income Benefits

An employee’s entitlement to income benefits under this chapter terminates on the death of the employee. Interest in future income benefits does not survive after the employee’s death.

Initiation of Benefits; Insurance Carrier’s Refusal; Administrative Violation

An insurance carrier shall initiate compensation under this subtitle promptly. Not later than the seventh day after the date on which an insurance carrier receives written notice of an injury, the insurance carrier shall:

• Begin the payment of benefits as required by this subtitle; or
• The right to request a benefit review conference; and
• The means to obtain additional information from the commission.
  

An insurance carrier shall notify the commission in writing of the initiation of income or death benefit payments in the manner prescribed by commission rules.
If an insurance carrier does not contest the compensability of an injury on or before the 60th day after the date on which the insurance carrier is notified of the injury, the insurance carrier waives its right to contest compensability. The initiation of payments by an insurance carrier does not affect the right of the insurance carrier to continue to investigate or deny the compensability of an injury during the 60-day period.

An insurance carrier may reopen the issue of the compensability of an injury if there is a finding of evidence that could not reasonably have been discovered earlier.
An insurance carrier commits a violation if the insurance carrier does not initiate payments or file a notice of refusal as required. A violation is a Class B administrative violation.