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Outline

The Georgia WC-3 form, officially known as the Notice to Controvert, plays a crucial role in the workers' compensation process within the state. This form is utilized by employers or insurers to formally contest a worker's claim for compensation. It must be filed with the Georgia State Board of Workers' Compensation when there is a disagreement regarding the right to compensation or the compensability of specific medical treatments. The form includes essential identifying information about the employee, employer, and insurer, ensuring that all parties involved are clearly identified. Additionally, it outlines the specific grounds for the controversion, which can range from disputing the right to compensation altogether to questioning particular medical treatments. It is vital for the form to be completed accurately and submitted within a specified timeframe to avoid potential penalties, including attorney fees. Furthermore, a certificate of service is included, confirming that all relevant parties, such as the employee and their legal representatives, have been notified. Understanding the nuances of the WC-3 form is essential for both employers and employees navigating the complexities of workers' compensation claims in Georgia.

Sample - Georgia Wc 3 Form

WC-3 NOTICE TO CONTROVERT

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

NOTICE TO CONTROVERT

Board Claim No.

Employee Last Name

Employee First Name

M.I.

Date of Injury

 

 

 

 

A. IDENTIFYING INFORMATION

 

 

 

 

 

EMPLOYEE

 

Mailing Address

 

City

 

 

State

 

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Employee E-mail Address

 

Phone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

EMPLOYER

 

Name

 

 

 

 

 

Phone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Mailing Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

Employer E-mail Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

INSURER/

 

Name

 

 

Insurer/Self-Insurer File #

 

 

 

 

 

 

 

 

 

SELF-INSURER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CLAIMS

 

Name

 

 

Claims Office E-mail

 

 

 

 

 

 

 

 

 

 

 

OFFICE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SBWC ID

 

Mailing Address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

 

 

 

 

State

Zip Code

 

 

 

 

 

 

 

 

 

 

 

 

 

B. CONTROVERT TYPES

1. This serves as notice, pursuant to O.C.G.A. §34-9-221, that the right to compensation in this claim is being controverted on the following

 

specific grounds:

 

 

 

2.

This is notice, pursuant to O.C.G.A. §34-9-200 and Board Rule 205(b), that the compensability of the following medical treatment / test is

 

 

being controverted for the following specific reasons:

 

 

 

3.

If only part of the claim is being controverted, state the specific part of the claim and the reason(s) it is being controverted:

 

 

 

 

 

C. CERTIFICATE OF SERVICE

 

 

This is to certify that a copy of both sides of this notice has been sent to the employee / claimant(s), all counsel of record and any other person with

 

a financial interest, as listed below:

 

 

 

 

 

 

 

 

 

 

 

 

 

Type or Print Name

 

Signature

 

Date

 

 

 

 

 

Phone Number

 

E-mail Address

 

 

 

 

This form must be filed with the State Board of Workers' Compensation. A copy of both sides of this form must be given to the employee and any other

person with a financial interest in the claim including, but not limited to the employer, medical care provider(s) and attorney(s).

 

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov

 

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).

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NOTICE TO CONTROVERT

 

 

 

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WC-3

NOTICE TO CONTROVERT

GEORGIA STATE BOARD OF WORKERS' COMPENSATION

INFORMATION FOR THE INSURER/SELF-INSURER:

Board Rule 61(b)(1): An insurer who receives a Form WC-1 from an employer shall clearly stamp the date of receipt on the form, review Section A, and complete any unanswered questions. The insurer shall complete either Section B or Section C or Section D and, by the 21st day following the employer's knowledge of disability, forward the original to the Board and a copy to the employee.

Board Rule 61(b)(4): previously been filed. 9-221 and Rule 221.

Form WC-3. Notice to Controvert Payment of Compensation. Complete Form WC-3 to controvert when a Form WC-1 has Furnish copies to employee and any other person with a financial interest in the claim. See subsections (d), (h), and (i) of Code §34-

O.C.G.A. §34-9-221(d): If the employer controverts the right of compensation, it shall file with the Board, on or before the twenty-first day after knowledge of the alleged injury or death, a notice in accordance with the form prescribed by the Board, stating that the right of compensation is controverted and stating the name of the claimant, the name of the employer, the date of the alleged injury or death, and the ground upon which the right to compensation is controverted.

Board Rule 221(d): To controvert in whole or in part the right to income benefits or other compensation use Form WC-1 or WC-3. Failure to file the Forms WC-1 or WC-3 before the 21st day after knowledge of the injury or death may subject the employer/insurer to assessment of attorney's fees. See O.C.G.A. §34-9-108(b)(2)(3).

O.C.G.A. §34-9-221(h): When compensation is being paid without an award, the right to compensation shall not be controverted except upon the grounds of change in condition or newly discovered evidence unless a notice to controvert is filed with the Board within 60 days of the due date of first payment of compensation.

Board Rule 221(h)(1): A Form WC-3 shall not be used to suspend benefits if the only issue is length of disability. In these cases, suspend benefits by filing a Form WC-2 or follow the procedure outlined in Rule 240. If liability is denied subsequent to commencement of payment, but within 60 days of due date of first payment of compensation, file Form WC-3 in addition.

O.C.G.A. §34-9-221(i): When compensation is being paid with or without an award and an employer or insurer elects to controvert on the grounds of a change in condition or newly discovered evidence, the employer shall, not later than 10 days prior to the due date of the first omitted payment of income benefits, file with the Board and the employee or beneficiary a notice to controvert the claim in a manner prescribed by the Board.

Board Rule 221(h)(2): If income benefits have been continued for more than 60 days after the due date of first payment of compensation, benefits may be suspended only on the grounds of a change in condition or newly discovered evidence. File Forms WC-2 or WC-2(a). When controverting a claim based on newly discovered evidence, file Form WC-3 also.

O.C.G.A. §34-9-108(b)(2): If any provision of Code Section §34-9-221, without reasonable grounds, is not complied with and a claimant engages the services of an attorney to enforce rights under that Code Section and the claimant prevails, the reasonable fee of the attorney, as determined by the Board, and the costs of the proceedings may be assessed against the employer.

INFORMATION FOR THE EMPLOYEE:

This claim is being controverted for the reason(s) indicated on the front of this form. If you disagree, you should request a hearing by sending Form WC-14 to the State Board of Workers’ Compensation at the address below. If you need a Form WC-14, please contact the State Board of Workers’ Compensation at the phone numbers listed below or visit the website.

STATE BOARD OF WORKERS' COMPENSATION

270 Peachtree Street, N.W. Atlanta, Georgia 30303-1299 In Atlanta: 404-656-3818

or: 1-800-533-0682

http://www.sbwc.georgia.gov

IF YOU HAVE QUESTIONS PLEASE CONTACT THE STATE BOARD OF WORKERS’ COMPENSATION AT 404-656-3818 OR 1-800-533-0682 OR VISIT http://www.sbwc.georgia.gov

WILLFULLY MAKING A FALSE STATEMENT FOR THE PURPOSE OF OBTAINING OR DENYING BENEFITS IS A CRIME SUBJECT TO PENALTIES OF UP TO $10,000.00 PER VIOLATION (O.C.G.A. §34-9-18 AND §34-9-19).

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Form Information

Fact Name Details
Form Purpose The WC-3 form is used to notify the Georgia State Board of Workers' Compensation that a claim for workers' compensation is being contested.
Governing Laws The form is governed by O.C.G.A. §34-9-221 and Board Rule 205(b).
Filing Deadline The form must be filed within 21 days after the employer becomes aware of the alleged injury or death.
Certification Requirement A certificate of service must be included, confirming that copies were sent to all relevant parties.
Controvert Types The form allows for multiple grounds to contest a claim, including the right to compensation and specific medical treatments.
Employee Notification A copy of the form must be provided to the employee and any other individuals with a financial interest in the claim.
False Statements Willfully making a false statement on this form can result in penalties of up to $10,000.
Insurer Responsibilities Insurers must complete the form and send it to the Board within the specified time frame after receiving a Form WC-1.
Related Forms Form WC-1 and Form WC-2 are also relevant in the context of workers' compensation claims and their contestation.

Detailed Guide for Filling Out Georgia Wc 3

Filling out the Georgia WC-3 form is an important step in the workers' compensation process. This form notifies the State Board of Workers' Compensation that a claim is being disputed. It’s essential to complete the form accurately to ensure that all parties involved are properly informed.

  1. Begin with Section A: Identifying Information. Fill in the employee's last name, first name, and middle initial. Provide the date of injury.
  2. Complete the employee's contact details. Enter the mailing address, city, state, and zip code. Include the employee's email address and phone number.
  3. Provide employer information. Enter the employer's name, phone number, mailing address, city, state, and zip code. Include the employer's email address.
  4. Fill in the insurer or self-insurer details. Provide the name of the insurer or self-insurer and the file number. Include the claims office name and email address, along with the mailing address, city, state, and zip code.
  5. Move to Section B: Controvert Types. Check the appropriate box to indicate the reason for the controversion. You can select one or more options based on the specific grounds for disputing the claim.
  6. If applicable, provide additional details. If only part of the claim is being contested, clearly state which part and the reasons for the controversion.
  7. Complete Section C: Certificate of Service. Certify that a copy of the notice has been sent to the employee and any other parties with a financial interest. Include the name, signature, date, phone number, and email address of the person completing the form.
  8. Review your entries. Ensure all information is accurate and complete before submitting the form.
  9. File the form. Submit the original form to the State Board of Workers' Compensation and provide copies to the employee and other interested parties.

Obtain Answers on Georgia Wc 3

  1. What is the purpose of the Georgia WC-3 form?

    The Georgia WC-3 form, also known as the Notice to Controvert, is used by employers or insurers to formally dispute a worker's compensation claim. This form notifies the State Board of Workers' Compensation that the right to compensation is being contested. It outlines the specific reasons for the dispute, which can include issues related to the claim's compensability or specific medical treatments.

  2. When should the WC-3 form be filed?

    The WC-3 form must be filed within 21 days after the employer or insurer becomes aware of the alleged injury or death. Failing to file the form on time may result in penalties, including the potential assessment of attorney's fees.

  3. What information is required on the WC-3 form?

    The form requires identifying information about the employee, employer, and insurer. This includes names, addresses, phone numbers, and email addresses. Additionally, it asks for details regarding the specific grounds for controverting the claim. This ensures that all parties are aware of the reasons for the dispute.

  4. What happens after filing the WC-3 form?

    Once the WC-3 form is filed, a copy must be provided to the employee and any other parties with a financial interest in the claim, such as medical providers or attorneys. The State Board of Workers' Compensation will then process the notice and may schedule a hearing if necessary.

  5. Can the WC-3 form be used for all types of disputes?

    No, the WC-3 form is specifically for controverting claims related to compensation rights. It cannot be used to suspend benefits if the only issue is the length of disability. In those cases, a different form (WC-2) should be filed. If there are grounds for disputing benefits due to a change in condition or newly discovered evidence, the WC-3 can be used alongside the appropriate forms.

  6. What should I do if I disagree with a WC-3 filing?

    If you, as an employee, disagree with the reasons stated in the WC-3 form, you have the right to request a hearing. To do this, you need to send a Form WC-14 to the State Board of Workers' Compensation. You can obtain this form by contacting the Board directly or visiting their website.

Common mistakes

Filling out the Georgia WC-3 form correctly is crucial for ensuring that claims are processed efficiently. However, many individuals make common mistakes that can lead to delays or complications. One frequent error is failing to provide complete identifying information. It's essential to include all required details about both the employee and employer, such as names, addresses, and contact information. Missing any of this information can result in the form being rejected or returned for corrections.

Another common mistake is neglecting to specify the grounds for controverting the claim. The form has designated sections where specific reasons must be stated. Without this clarity, the Board may not understand the basis for the controversion, leading to confusion and potential legal complications. It's important to be as precise as possible when explaining the reasons for disputing the claim.

People often overlook the importance of the certificate of service section. This section certifies that the notice has been sent to all relevant parties, including the employee and any legal representatives. Failing to fill this out correctly can create issues down the line, as it may appear that proper notification was not given. Always ensure that this section is completed with accurate names and signatures.

Additionally, individuals sometimes forget to keep a copy of the submitted form. Retaining a copy is vital for personal records and may be needed for future reference. If there are disputes or questions later on, having documentation can be invaluable. Always make a copy before submitting the form to the Board.

Another mistake involves the timing of the submission. The WC-3 form must be filed within 21 days after the employer's knowledge of the alleged injury. Delays can result in penalties or the automatic approval of benefits. It's critical to be aware of this timeline and act promptly to avoid complications.

Some individuals also fail to follow up after submitting the form. After filing, it’s wise to check in with the State Board of Workers’ Compensation to confirm receipt and ensure that there are no issues with the submission. This proactive approach can help catch any potential problems early.

Finally, a significant mistake is providing false information on the form. Misrepresenting facts can lead to serious legal consequences, including fines. It’s essential to be truthful and transparent in all claims to avoid penalties and ensure fair treatment in the claims process.

Documents used along the form

When dealing with workers' compensation claims in Georgia, several forms and documents accompany the WC-3 form. Each serves a specific purpose in the claims process. Understanding these documents is crucial for both employees and employers to navigate the system effectively.

  • WC-1 Form: This form is the initial report of injury. It must be filed by the employer when an employee reports an injury. The WC-1 provides essential details about the incident, including the nature of the injury and the circumstances surrounding it.
  • WC-2 Form: This form is used to suspend benefits. If the employer or insurer believes that the employee is no longer entitled to benefits, they must file this form. It outlines the reasons for the suspension and must be submitted to the Board and the employee.
  • WC-14 Form: This is a request for a hearing. If an employee disagrees with the employer's decision to controvert a claim, they can file this form to initiate a hearing before the State Board of Workers' Compensation. It is a critical step for those seeking to contest the employer's position.
  • WC-6 Form: This form is used to report a change in condition. If there is a change in the employee's medical status or ability to work, this form must be submitted to update the Board and ensure the compensation reflects the new circumstances.

Filing these documents accurately and timely is essential to avoid complications in the workers' compensation process. Each form plays a vital role in ensuring that both employees and employers fulfill their obligations and rights under Georgia law.

Similar forms

  • Form WC-1: This form is used to report an employee's injury to the State Board of Workers' Compensation. Like the WC-3, it serves as an official document in the workers' compensation process. Both forms require specific information about the employee, employer, and nature of the claim.
  • Form WC-2: The WC-2 is utilized to suspend benefits when there are disputes regarding the length of disability. Similar to the WC-3, it involves notifying the Board and other parties about the controversion of a claim, ensuring that all interested parties are informed.
  • Form WC-14: This form is used to request a hearing when a party disagrees with a controversion. Like the WC-3, it is part of the formal process for resolving disputes in workers' compensation cases, allowing employees to challenge decisions made regarding their claims.
  • Form WC-6: The WC-6 is a notice of claim closure. It informs the Board and the parties involved that a claim is being closed. This form, like the WC-3, ensures that all parties are aware of the status of the claim and any grounds for closure.
  • Form WC-4: This form is used for the payment of compensation and is similar to the WC-3 in that it documents actions taken regarding the claim. Both forms require detailed information about the claim and the parties involved, maintaining transparency in the workers' compensation process.

Dos and Don'ts

When filling out the Georgia WC-3 form, it is crucial to adhere to specific guidelines to ensure accuracy and compliance. Below is a list of ten important dos and don'ts.

  • Do provide complete and accurate identifying information for both the employee and employer.
  • Do clearly state the specific grounds for controverting the claim in Section B.
  • Do ensure that all necessary signatures are obtained before submitting the form.
  • Do file the form within the required 21-day timeframe after knowledge of the injury.
  • Do send copies of the completed form to all parties with a financial interest in the claim.
  • Don't leave any sections of the form unanswered; all fields must be filled out.
  • Don't use the WC-3 form to suspend benefits for issues solely related to the length of disability.
  • Don't provide false information, as this can lead to severe penalties.
  • Don't forget to include the date of injury and the name of the claimant in your submission.
  • Don't delay in filing the form, as late submissions may incur attorney's fees.

Misconceptions

  • Misconception 1: The WC-3 form can be submitted at any time.
  • This is incorrect. The WC-3 form must be filed within 21 days of the employer's knowledge of the injury or death. Failing to adhere to this timeline may lead to penalties.

  • Misconception 2: The WC-3 form is only for denying all claims.
  • In reality, the WC-3 can be used to controvert specific parts of a claim. It is not limited to a blanket denial of all benefits.

  • Misconception 3: Only the employer needs to fill out the WC-3 form.
  • This form requires input from both the employer and the insurer or self-insurer. Both parties have responsibilities in the filing process.

  • Misconception 4: The WC-3 form is optional if the employer disagrees with the claim.
  • This is misleading. Filing the WC-3 is a legal requirement if the employer wishes to formally contest the claim.

  • Misconception 5: A copy of the WC-3 does not need to be sent to the employee.
  • Contrary to this belief, a copy must be provided to the employee and any other interested parties to ensure transparency and communication.

  • Misconception 6: The WC-3 form can be used to suspend benefits for any reason.
  • This is not true. Benefits can only be suspended on specific grounds, such as a change in condition or newly discovered evidence.

  • Misconception 7: The WC-3 form is the same as the WC-1 form.
  • These forms serve different purposes. The WC-1 is used to report a claim, while the WC-3 is specifically for disputing a claim.

  • Misconception 8: Filing a WC-3 guarantees that the claim will be denied.
  • Filing the form does not guarantee a denial; it simply initiates a formal process to contest the claim.

  • Misconception 9: The WC-3 form can be filled out incorrectly without consequence.
  • Incorrectly filling out the form can lead to delays and potential penalties. Accuracy is crucial when completing the WC-3.

  • Misconception 10: Once a WC-3 is filed, the employer cannot change their mind.
  • While filing a WC-3 initiates a formal dispute, employers may still reach a settlement or withdraw their contest depending on the circumstances.

Key takeaways

Key Takeaways for Using the Georgia WC-3 Form:

  • The WC-3 form is essential for disputing a worker's compensation claim in Georgia.
  • Complete all identifying information, including employee and employer details, to avoid delays.
  • Clearly state the specific grounds for controverting the claim in Section B.
  • Submit the WC-3 form within 21 days of learning about the injury or death.
  • Provide copies of the completed form to the employee and anyone with a financial interest in the claim.
  • Failure to file the form on time may lead to penalties, including attorney's fees.
  • Do not use the WC-3 to suspend benefits solely based on the length of disability; use Form WC-2 instead.
  • When disputing based on newly discovered evidence, file the WC-3 along with any other required forms.
  • Consult the State Board of Workers’ Compensation for any questions or clarifications regarding the process.