Commonly Filed Petitions

Claim Petition

- claimant issues when they are not receiving any benefits

Review Petition

- amend or expand injury description or correct the AWW

Reinstatement Petition

- seeks to restart wage loss benefits that were previously suspended

Penalty Petition

- filed when insurance company violates the Act

Ex: unpaid med bills, late/missing checks, failure to file bureau documents

Employee Challenge Petition

- filed in response to a Notification of Suspension or Modification from alleged return to work (RTW)

- used to dispute the suspension or mod of wage loss benefits

Fatal Claim Petition

- filed by dependents of a deceased worker

- seeks death benefits

UEGF Claim Petition

- filed when the employer does not carry workers compensation insurance

- seeks benefits from the UEGF instead

WCAB Counsel Fee Petition

- filed with the workers compensation appeal board (WCAB)

- used to request attorney fees

Termination Petition

- filed by insurance carrier when they believe the claimant recovered from their work-related injuries and can RTW

- seeks to stop all benefits

Suspension Petition

- filed when employer offers a job within the treating providers or DME's restrictions/opinion, and the claimant doesn't RTW

- also filed when claimant refuses med treatment that could improve injury status

- does not affect medical benefits

Modification Petition

- filed when employer offers the claimant a job that doesn't pay their full AWW causing wage loss

- carrier requests claimants benefits be modded to partial disability based on wages from the offered job

- if claimant provider doesn't approve job, the defendant will file

- does not affect medical benefits

Utilization Review (UR) Petition

- filed to challenge the outcome of a UR determination about whether treatment is reasonable and necessary

Joinder Petition

- used to bring another party into an ongoing litigation

- common in disputes over coverage or liability

Compromise & Release (C&R) Petition

- filed when settling

- must be filed for settlement agreement approval if no other petitions are active or when an existing petition is left open

- may amend existing petition into a C&R petition instead of filling new one