Recently, the Department of Labor revised two mandatory forms filed in claims arising under its jurisdiction. The amendments of Form LS-202, Employer’s First Report of Injury or Occupational Illness, and Form LS-206, Payment of Compensation Without Award provide more stringent requirements for the employer and carrier.
A few revisions were made to Form LS-202. Beginning with Item 6, if an injury arises under the Defense Base Act, the Employer is now required to enter the name of the contracting agency (i.e. which governmental agency issued the contract) and the contract number. Furthermore, Section 28 is now divided into two parts. The additional requirement here is to verify whether the employer has issued Form LS-1, Request for Examination and/or Treatment, to the claimant’s choice of physician. Finally, Item 38 requires a submission of a contact phone number along with the name of the employer’s representative preparing the Form LS-202.
The Department of Labor considers the use of the newly revised Form LS-202 as a requirement, effective immediately. It should be treated as such. Furthermore, penalties are being issued for the late filing of an LS-202 submission – up to an $11,000.00 civil penalty.
The new Form LS-206 should be used effective November 1, 2011 per the Department of Labor’s instruction. The “Note” at the top of Form LS-206 was amended from “This Notice is to be filed with the District Director when the first payment is made” to “This Notice is to be filed with the District Director not later than the same day that first payment is made.” Also, Items 9a. and 9b. were added to the form. Item 9a. requires the employer’s and carrier’s representative, in a DBA claim, to state whether the employer is continuing to pay a claimant’s salary. And if so, 9b. requires a determination if salary is being paid in lieu of compensation payments.