[Cross reference: SIBs (I31)]
IC Contesting IW's Entitlement or Amount of SIBs.
First Quarter.
An IC wishing to dispute a Division finding of entitlement to or amount of SIBs for the first quarter shall request a BRC within 10 days after receiving the Division determination of entitlement. An IC waives the right to contest the Division determination of entitlement to or amount of SIBs for the first quarter if the request is not received by the Division within 10 days after the date the IC received the determination. Section 130.108(b).
Subsequent Quarter with Prior Payment.
If an IC disputes entitlement to a subsequent quarter and the IC has paid SIBs during the quarter immediately preceding the quarter for which the DWC-52 is filed, the IC shall dispute entitlement to the subsequent quarter by requesting a BRC within 10 days after receiving the DWC-52. An IC waives the right to contest the entitlement to SIBs for the subsequent quarter if the request is not received by the Division within 10 days after the date the IC received the DWC-52. The IC does not waive the right to contest entitlement to SIBs if the IC has returned the IW's DWC-52 pursuant to Section 130.104(c).
Subsequent Quarter without Prior Payment.
If an IC disputes entitlement to a subsequent quarter and the IC did not pay SIBs during the quarter immediately preceding the quarter for which the application is filed, the IC shall send the determination to the injured employee within 10 days of the date the form was filed with the IC and include the reasons for the IC's finding of non-entitlement and instructions about the procedures for contesting the IC's determination as provided by Section 130.108(a). Section 130.108(d).
IC Liability.
An IC who unsuccessfully contests a Division determination of entitlement to SIBs is liable for:
- All accrued, unpaid SIBs, and interest on that amount, and;
- Reasonable and necessary attorney's fees incurred by the IW as a result of the IC's dispute which have been ordered by the Division or court.
Section 130.108(e) .
Immediately Preceding Quarter is Actively Under Dispute.
Where entitlement to the immediately prior quarter of SIBs is actively under dispute and ongoing at the time the IC receives the IW's DWC-52 for the subsequent quarter, the IC must timely request a BRC if it wishes to dispute the subsequent quarter; failure to do so results in IC waiver as provided in Section 408.147(b). APD 032868-s (please note this case refers to a previous version of Section 130.108).
Immediately Preceding Quarter is Not Actively Under Dispute.
Where an IW's determination of nonentitlement to the immediately prior quarter of SIBs is not actively under dispute or ongoing at the time the IC receives the IW's DWC-52 for the subsequent quarter, the IC is not required to request a BRC. APD 051130-s (please note this case refers to a previous version of Section 130.108).