Carrier’s Failure To Raise Issue Of Timely Filing Of TWCC-52 Resulted in Waiver
APPEAL 951305 – SEPTEMBER 21, 1995
The HO made findings of SIBs eligibility for the second compensable quarter. The Carrier appealed and stated that it was relieved of liability because Claimant had not filed a timely TWCC-52.
The AP affirmed and stated that the Carrier had waived the issue of whether the Claimant’s TWCC-52 was timely filed. When the Carrier received the TWCC-52 in December, 1994, it was put on notice that the application was late because the Claimant’s initial SIBs quarter expired on October 6, 1994. The Carrier did not raise this issue until the BCCH took place.
Claimant’s testimony about this issue was not an unequivocal manifestation of consent to add the issue.
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