Workforce Services, Department of

Workers' Compensation - Medical Commission

Effective Date: 09/25/1996 to 02/14/2003

Rule Type: Superceded Rules & Regulations

Reference Number: 053.0019.1.09251996

RULES AND REGULATIONS

MEDICAL COMMISSION WORKERS' COMPENSATION DIVISION

CHAPTER I

GENERAL PROVISIONS AND DEFINITIONS

Section 1. Authority. These rules of practice and procedure are promulgated by the Medical Commission under the authority of W.S. §27-14-616 (1993 Cum. Sup.) and W.S. §16-3-102 (1977). The commission was created as a separate and independent impartial hearing body funded under the workers' compensation account.

Section 2. Purpose of Rules. These rules are intended to set forth clear and comprehensive procedures for the conduct of contested cases by the Medical Commission pursuant to the Wyoming Administrative Procedure Act §16-3-101 through §16-3-115, W.S. 1990 as amended.

Section 3. Application of Rules. These rules shall apply to the conduct of contested cases before the Medical Commission as authorized by W.S. §27-14-616. Cases shall be determined by the Medical Commission in accordance with the contested case procedure of the Wyoming Administrative Procedure Act and the Wyoming Rules of Civil Procedure and the provisions of W.S. §27-14-602 (b) (i), as applicable under these rules and regulations.

Section 4. Construction. These rules are to be liberally construed to assure the unbiased, fair, expeditious and impartial conduct of contested case proceedings before the Medical Commission.

Section 5. Definitions.

(a) 'access point' means a designated site where the party must go for purposes of attending the medically contested case hearing through the video conference format;

(b) 'commission' means the Wyoming Medical Commission as set forth in W.S. §27-14-616;

(c) 'division' means the worker's compensation division within the Department of Employment;

(d) 'executive secretary' means the employee designated by the division to assist the commission in the conduct of its activities;

(e) 'medically contested case' means a case as defined by Workers' Compensation Rules and Regulations, Chapter VII, Section 2(f) as amended;

(f) 'medical hearing panel' means three members of the medical commission selected by the executive secretary, under the supervision and guidance of the chairman of the medical commission, to conduct and decide a medically contested case hearing;

(g) 'parties' means the employee, employer, health care provider or division.