Wyo. Code R. 053-0019-4
Workers' Compensation - Medical Commission
Chapter 4: Commencement of Contested Case Proceedings
Effective Date: 02/14/2003 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0019.4.02142003
(a) The case number of the medically contested case shall be the same number as previously assigned by the division. All documents, motions, pleadings and orders filed thereafter shall be signed and shall contain:
(i) conspicuous reference to the case number and a clear delineation that the matter is before the office of the medical commission;
(ii) a caption setting forth the title of the contested case proceeding;
(iii) a brief designation describing the document filed;
(iv) the name, address and telephone number of the person who prepared the document;
and
(v) certificate of service indicating that a true and complete copy of the document has been properly served on all parties.
(b) In all medically contested cases, the parties shall file all original documents, pleadings and motions with the Wyoming Workers' Safety and Compensation Division, CBC Building, 1510 E. Pershing Blvd., 1st Floor, Cheyenne, WY 82001, with true and complete copies of the particular document, pleading or motion properly served on all other parties or their attorneys and the Office of the Medical Commission, P.O. Box 20247, Cheyenne, WY 82003. If a party is represented, service of the medically contested case documents, pleadings and motions shall be made upon that party's attorney or other representative of record.
(a) After referral, the executive secretary may set the matter for an initial scheduling conference, which shall be conducted by telephone initiated by the medical commission.
(i) Presence of the employee/claimant is not required if the employee/claimant is represented by counsel.
(ii) Failure of an employer to participate in an initial scheduling conference shall preclude the employer from further involvement in the proceedings, unless leave to participate is otherwise granted by the hearing officer.
(b) The medical commission and parties will continue to provide copies of all material and pleadings to any non-participating employer.
(c) The purpose of the initial scheduling conference is to provide a preliminary procedure in which to identify the primary issues, identify potential conflicts with the medical commission panel members, and to set forth a timetable in which to conduct and set the formal evidentiary hearing. The initial scheduling conference shall be conducted in an informal fashion and a taped record of the initial scheduling conference shall be maintained by the medical commission.
(a) At a mutually convenient date there shall be a pretrial conference in all cases unless deemed unnecessary by the executive secretary. The pretrial conference shall be held prior to the date of the filing of disclosure statements. The parties shall be prepared to discuss:
(i) the names of witnesses, (ii) exhibits to be submitted, (iii) status of discovery, (iv) settlement discussions, (v) anticipated length of trial, and (vi) any other issues relevant to these proceedings.
(a) After completion of the initial scheduling conference, the commission shall issue an order setting the hearing and notice to the parties of the deadline to file disclosure statements. The disclosure statements shall contain:
(i) a brief statement of the contentions of the party, including identifying all final determinations in dispute and the benefits sought or denied; (ii) significant uncontroverted facts; (iii) contested medical issues to be determined at the hearing; (iv) name, address and a brief description of the testimony of each witness the party intends to present at the hearing; (v) copies of all exhibits to be introduced (this does not foreclose the introduction of other exhibits which become available or are discovered later);
(b) At the discretion of the commission, the case may be dismissed for failure to timely file a disclosure statement.
(c) The disclosure statements referred to above shall be due fifteen (15) calendar days prior to the contested case hearing. Four complete copies shall be submitted to the medical commission in order to provide each medical panel member with the disclosure statement and attachments.
(d) At the discretion of the Hearing Officer, a joint disclosure statement prepared by counsel for the Employee/Claimant and signed and approved by counsel for the division may be submitted in lieu of separate disclosure statements.
Section 5. DOCUMENTS IN THE OFFICIAL CASE FILE. The medical commission will not take administrative notice in medically contested cases of the official case file maintained by the division. Individual documents in the official case file must be marked as exhibits, included in the party's disclosure statement and offered into evidence at the contested case hearing.
Section 6. EX PARTE. Except to the extent authorized by law, a party or party's attorney shall not communicate, directly or indirectly, in connection with any issue of fact or law with the presiding officer concerning any pending case, except upon notice and opportunity for all parties to participate. Should ex parte communication occur, the presiding officer shall advise all parties of the communication as soon as possible thereafter, and if requested, allow any party an opportunity to respond.