Workers' Compensation

What’s the difference between a Form 60 and a Form 63?

These are the two forms which defendants use to accept a claim before the Industrial Commission. A Form 60 is an outright acceptance of the claim. It’s difficult for an insurance company to get off the hook if they’ve filed this. As a result you are more likely to see an adjuster file a Form 63.

Technically, a Form 63 is supposed to be used if an adjuster isn’t sure if a claim is compensable. She has 90 days to investigate the claim and then deny it if she needs to. If she takes no action within 90 days the claim is accepted. There are two things to look out for. If you have a Form 60 it may be very limited – they are only accepting your low back, not your hips, legs, or upper back for instance.

Additionally, a Form 63 is often misused as a 90-day trial. If your case looks like it’s going to be expensive the claim is going to be denied without regard to the actual facts of how you got hurt. We’ve actually had an adjuster testify to that tactic, under oath, before the Industrial Commission.