Failure to give timely notice to the employer's designated official
shall not bar any claim for compensation if: (a) The employer, carrier,
or designated official had actual knowledge of the injury or death; or
(b) the district director or ALJ determines the employer or carrier has
not been prejudiced: or (c) the district director excuses failure to
file notice. For purposes of this subsection, actual knowledge shall be
deemed to exist if the employee's immediate supervisor was aware of the
injury and/or in the case of a hearing loss, where the employer has
furnished to the employee an audiogram and report which indicates a loss
of hearing. Failure to give notice shall be excused by the district
director if: a) Notice, while not given to the designated official, was
given to an official of the employer or carrier, and no prejudice
resulted; or b) for some other satisfactory reason, notice could not be
given. Failure to properly designate and post the individual so
designated shall be considered a satisfactory reason. In any event, such
defense to a claim must be raised by the employer/carrier at the first
hearing on the claim.
[51 FR 4283, Feb. 3, 1986]
