Wyo. Code R. 053-0019-10
Workers' Compensation - Medical Commission
Effective Date: 02/14/2003 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0019.10.02142003
(a) Informal disposition may be made of any case or any issue by stipulation or settlement.
(b) If the parties reach a settlement, the settlement shall be in writing and the executive secretary shall be presented with the terms thereof. The executive secretary may disapprove a settlement only if it clearly violates provisions of law or public policy. The executive secretary shall enter a final order dismissing the case upon such approved settlement or upon notice by the petitioner or division that the disputed claim is withdrawn.
(c) The executive secretary may require the signature of the Employee/Claimant on settlement documents.
(a) If a party fails to attend or participate in an initial scheduling conference, hearing, or other stage of a contested case proceeding, the executive secretary may serve upon all parties written notice of a proposed default order, including a statement of the grounds.
(b) Within ten (10) days after service of a proposed default order, the party against whom it was issued may file a written motion requesting the proposed order be vacated and stating the grounds therefore.
(c) The executive secretary shall issue or vacate the default order promptly after expiration of the time within which the Party may file a written motion under subsection (b).
(d) Upon issuance of a default order, the executive secretary shall conduct, without the participation of the party in default, any further proceedings necessary to complete the contested case and determine all issues in the proceeding, including those affecting the defaulted party.
(a) The medical hearing panel shall make and enter a written decision and order containing findings of fact and conclusions of law, separately stated. The findings of fact shall be derived from the evidence of record in the proceeding, matters officially noticed in that proceeding, and matters within the medical hearing panel's knowledge as acquired through performing its functions and duties. Such findings shall be based on the kind of evidence on which reasonably prudent persons are accustomed to rely upon the conduct of their serious affairs, even if such evidence would be inadmissible in a civil trial. The medical hearing panel's experience, technical competence and specialized knowledge may be utilized in evaluating the evidence.
(b) When the medical hearing panel requests that counsel draft a proposed final order, counsel shall forward the original to the division, concurrently serving copies of the proposed order on all other parties along with notice that any objections to the form of the proposed order must be made within ten (10) days.
(c) All written decisions of the medical hearing panel shall be kept on file in the office of the medical commission and the original will be provided to the division for filing, and will, without further action, become the final decision and order as a result of the hearing. Upon filing, a copy of the decision shall be sent to all parties in the contested case.
(a) Within ten (10) days of the date of the decision, any party may petition the commission for reconsideration of the decision and order by filing a motion with the commission for any of the following grounds:
(i) irregularity in the proceedings;
(ii) fraud, misrepresentation, or other misconduct of the prevailing party;
(iii) error in the assessment of the amount of recovery;
(iv) newly discovered evidence regarding material or evidence which the party could not, with reasonable diligence, have discovered and produced at the hearing; or
(v) error of law contained within the decision.
(b) The executive secretary shall issue a written order in response to the motion for reconsideration. A motion for reconsideration does not affect the finality of the decision and order and is not a prerequisite for judicial review.
(c) Clerical mistakes in final decisions or other parts of the record may be corrected by the commission at any time, of its own initiative, or on the motion of any party and upon notice to all parties. During the pendency of judicial review, such mistakes may be corrected only with leave of the court having jurisdiction.
Section 5. MEDIATION. After referral to the Medical Commission, and prior to the contested case hearing, the executive secretary with consent of the parties may refer the case to the Office of Administrative Hearings for mediation. The executive secretary shall enter a written order assigning the matter for mediation and the Office of Administrative Hearings shall provide a mediator's report to the Medical Commission upon conclusion of the mediation. Thereafter, a final order shall be issued incorporating the terms and conditions of the mediation, if successful, or otherwise scheduling the matter for contested case proceedings before the Medical Commission.
Section 6. JUDICIAL REVIEW. Any party aggrieved or adversely affected by a final decision in a contested case or the Division Director as provided by W.S. §27-14-614, is entitled to judicial review in the appropriate district court pursuant to W.S. §16-3-114, §27-14-602, and Rule 12, Wyoming Rules of Appellate Procedure. §27-14-602(c).