ASK A QUESTION

Is the new 12-month timely filing requirement from the date of service extended if the employer does not file a claim right away?

Senate Bill 1175 introduced sweeping reform to workers’ compensation. Here’s a close look at an exception to the bill’s timely requirement requirement.

Frequently Asked Question

Q: Is the new 12-month timely filing requirement from the date of service extended if the employer does not file a claim right away?

A: Yes. Senate Bill 1175, Section 1 revises Labor Code 4603.2 to specifically require exceptions to the timely bill requirement when a “non-occupational injury is later found to be a compensable injury or illness.”

Explanation

The amended section reads as follows: 

“Effective for services provided on or after January 1, 2017, the request for payment with an itemization of services provided and the charge for each service shall be submitted to the employer within 12 months of the date of service or within 12 months of the date of discharge for inpatient facility services. The administrative director shall adopt rules to implement the 12-month limitation period. The rules shall define circumstances that constitute good cause for an exception to the 12-month period, including provisions to address the circumstances of a nonoccupational injury or illness later found to be a compensable injury or illness. The request for payment is barred unless timely submitted.”

Additional Information

Full text of SB 1175

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