NOTICE OF TERMINATION – FORM 38911
Form 38911 must be electronically filed per the Board’s EDI 3.1 protocol. The date upon which such filing occurred or was first attempted is considered by the Board to be the filing date. And, Form 38911 is statutorily required to be served upon the employee whose temporary total or temporary partial disability compensation is being terminated. If the employee is represented by counsel, then the employee’s attorney should also be served.
Where the temporary total or temporary partial disability compensation is being terminated under circumstances where the employee has been deemed to have reached maximum medical improvement but has not returned to work or claims to be unable to return to work because of the compensable injury, then compensation may not be terminated until 4 days after the date upon which Form 38911 was mailed or e-mailed to the employee and the attorney, if any. Electronic filing with the Board is not the equivalent of mail or e-mail service upon the employee or attorney and so both electronic filing and mail or e-mail service are required to meet the Board’s filing procedure and the Worker’s Compensation Act’s service requirement.
NOTICE OF SUSPENSION – FORM 54217
Form 54217 is not required to be electronically filed pursuant to the Board’s EDI 3.1 protocol. Form 54217 must be served on the employee and attorney, if any. Form 54217 may be mailed to the Board for filing.