Chief of Operational Policy, Analytics & Compliance
and procedures, directives or memos regarding abatement that predate the
effective date of this policy
The purpose of
this policy is to ensure BWC properly abates pending applications when an
injured worker (IW) or other claimant dies.
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:
1. Requests: Communications
requesting an initial or subsequent action be taken.
a. Application for Payment of
Lump Sum Advancement
b. Request for Temporary Total
c. Motion (C-86).
2. Authorizations: Communications
that serve to grant permission.
a. A Power of Attorney;
b. Injured Worker Authorized
c. Authorization to Receive
Workers’ Compensation Check (C-230);
3. Agreements: Communications
that serve as a contract between the parties.
a. Settlement Agreement and
Application for Approval of Settlement
b. Rehabilitation Agreement (RH-1).
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:
1. Applications 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 information.
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 disease.
BWC staff may refer to the
corresponding procedure for this policy entitled “Procedure for Abatement” for