Percy, Chief of Operational Policy, Analytics & Compliance
policies and procedures, directives or memos regarding abatement that predate
the effective date of this policy
purpose of this policy is to ensure BWC properly abates pending applications
when an injured worker (IW) or other claimant dies.
policy applies to BWC staff.
Abatement: For BWC
purposes, to discontinue any further action on applications pending in a claim at
the time of an injured worker’s or other claimant’s death.
Application: A form or other
means of communicating to BWC the following:
Communications requesting an initial or subsequent action be taken.
a. Application for
Payment of Lump Sum Advancement (C-32);
b. Request for
Temporary Total Compensation (C-84);
c. Motion (C-86).
Communications that serve to grant permission.
a. A Power of
b. Injured Worker
Authorized Representative (R-2);
c. Authorization to
Receive Workers’ Compensation Check (C-230); or,
Communications that serve as a contract between the parties.
Agreement and Application for Approval of Settlement Agreement (C-240);
individual other than the IW that has filed an application in a claim (typically
a surviving spouse, dependent or the decedent’s estate).
A. It is the policy
of BWC to abate applications pending in a claim when the injured worker (IW) or
other claimant dies, except for:
related to payment of medical services rendered as a result of the IW’s allowed
injury or occupational disease; and
2. A Settlement
Agreement and Application for Approval of Settlement Agreement (C-240) and/or
an Amended Settlement Agreement and Release (C-241), IF THE IW OR OTHER
CLAIMANT DIES AFTER ISSUANCE OF THE “LSS APPROVAL” LETTER. See the Lump Sum
Settlement policy and Accrued Compensation policy for further
B. Abatement of
applications pending in a claim does not prohibit:
1. The surviving
spouse, other dependents or the estate from filing applications subsequent to
the IW’s or other claimant’s death; see the Death Claims policy and Accrued
Compensation policy for further information.
2. The payment of
approved medical services related to the IW’s allowed injury or occupational
BWC staff may
refer to the corresponding procedure for this policy entitled “Procedure for
Abatement” for further guidance.