Workers' CompensationQuestion 208 of 215
After a claim is filed, what is the maximum time the insurer has to either accept or deny the claim before the law presumes the injury is compensable?
a.14 days
b.30 days
c.90 days
d.180 days
Explanation
Labor Code §5402(b) creates a 90-day presumption: if the claim is not denied within 90 days after the claim form is filed with the employer, the injury is presumed compensable, and that presumption is rebuttable only by evidence that could not have been discovered with reasonable diligence within the 90 days. (Initial medical treatment up to $10,000 must also be authorized during the investigation.)
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