Overly Zealous Representation in Defending Against a DBA Claim

XI. Miscellaneous

1. DFEC requires, before acceptance of any WHCA reimbursement claim, that the employer/carrier has made only reasonable and prudent efforts in presenting all meritorious defenses against a DBA claim without regard to whether the case is eligible for WHCA reimbursement. An employer/carrier’s inadequate or overly zealous representation in defending against a DBA claim may be grounds for denying all or some portion of a request for WHCA reimbursement.

http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/bctfy12/#OWCPB1201

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