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Are there any provisions in the law with respect to the total medical costs that an employer can pay in a workers compensation case that is not used in adjusting the experience modification factor?

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Are there any provisions in the law with respect to the total medical costs that an employer can pay in a workers compensation case that is not used in adjusting the experience modification factor?

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Under the law an employer may pay up to one thousand dollars ($1,000.00) out-of-pocket for injury related medical costs only if there is no lost time greater than three days and no claim for compensation is filed by the employee. Payment of the total medical costs that do not exceed one thousand dollars cannot be applied to adjust the employer’s workers’ compensation experience modification for the determination of insurance premiums. If medical costs exceed one thousand dollars, the employer’s insurance company must pay the costs and reimburse the employer for any out-of-pocket expenses already paid. Even if the employer pays the medical costs, this injury must still be reported to the Division of Worker’s Compensation.

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