Issue link: http://www.e-digitaleditions.com/i/83215
4. The Supreme Court, for example, has held that where the outstanding Award remained valid, penalties for late payment should have been assessed. 5. Other case law narrowed the application where the claimant returned to work with the pre-injury employer, where the claimant disclosed his return to work, and where the employer had information necessary to file an Application. 6. Recent case law seems to be concentrating on small factual issues in an effort to move away from the concept of imposition. The bottom line is that the Courts are now reluctant to use the concept of imposition. Some act by the claimant not in compliance with the Act itself seems necessary at this point for the doctrine to apply. In the case of open Awards, we suggest the following alternative approaches: 1. If discovered early enough, the entire problem can be solved by simply filing an application. Rule 1.4 requires payment of compensation up until two years prior to filing if based upon a return to work that took place more than two years in the past. Thus, if the failure to file the application is discovered prior to two years having passed since a claimant's return to work, an application can still be filed. In addition, a return to work close to this time frame would only involve a small amount of compensation being paid. For example, a return to work 2 ½ years prior would only involve payment of compensation for six months, which, in most cases, is the easier solution to the problem. Obviously, this scenario does not apply to a release to return to work that was issued, as Rule 1.4 requires payment to the date the application is filed in this circumstance. 2. The claimant has an outstanding obligation to notify the Commission of any changes in address. Sending a letter to the claimant asking him to contact you is a good way of determining if he still lives at the address on file with the Commission. If the letter is returned as undeliverable, this can be the basis for an Application to suspend the outstanding Award to at least halt the ongoing payments (and 20% penalty) that are expected. 3. The best solution in these situations is to attempt to contact the claimant in an effort to settle the case on a full and final basis with a lump sum payment. Effort should be made in these situations to settle quickly, and obviously to take a low key approach.