Wyo. Code R. 053-0019-10
Workers' Compensation - Medical Commission
Effective Date: 06/07/1994 to 02/14/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0019.10.06071994
(a) Informal disposition may be made of any case or any issue in a case by stipulation or agreed settlement.
(b) If the parties reach an agreed settlement, the settlement shall be in writing and the commission shall be presented with the terms thereof. The commission may disapprove a settlement only if it clearly violates provisions of law or public policy. The commission shall enter a final order dismissing the case upon such approved settlement or upon notice by the petitioner that the petition for case review is withdrawn.
(a) If a party fails to attend or participate in a prehearing conference, hearing, or other stage of a contested case proceeding, the commission 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 commission 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 commission 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. The findings of fact shall be derived from the evidence of record in a 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 in 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 medical hearing panel, 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) The written decision of the medical hearing panel shall be filed with the commission 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, material as to the party applying, 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 commission 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. Costs. Except as otherwise specified in the Workers' Compensation Act, all costs associated with the medically contested case hearing shall be paid as provided by W.S. 27-14602(c).
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. 16-3114, 27-14-602, and Rule 12, Wyoming Rules of Appellate Procedure.