Bernard Smalls v. Comcast Corporation and Helmsman Mgmt Services, Liberty Mutual Insurance

In Bernard Smalls v. Comcast Corporation and Helmsman Mgmt Services, Liberty Mutual Insurance the issue is the identity of the one-time change provider. The request for a one time change was made on 9/3/20 the issue is when the request was received. The E/C argues that it was not received until 9/9/20. The five-day mail service rule was applied, effectively making the service date 9/8/20. This made the deadline for response by the carrier 9/13/20. The carrier provided a response on 9/16/20. The JCC found that the response by E/C was untimely and the claimant was entitled to his choice of OTC provider. Petition GRANTED.

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