Wyo. Code R. 053-0019-4
Workers' Compensation - Medical Commission
Chapter 4: Commencement of Contested Case Proceedings
Effective Date: 06/07/1994 to 02/14/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0019.4.06071994
(a) The division shall copy the commission with the notice requiring the clerk of district court to refer a medically contested case to the commission and include the initial determination, final determination and written objection or request for hearing in the case.
(b) Where a medically contested case is transferred from the Office of Administrative Hearings to the commission, the hearing officer shall affix a transmittal sheet containing the following information:
(i) the name, mailing address, phone number, and facsimile number (if the facsimile number is available) of the known parties and their attorneys;
(ii) a copy of the determination at issue. The transmittal should state in ordinary and concise language the specific medical dispute(s) to be resolved, the contention(s) of the employee/claimant, the relief sought; and
(iii) certification by the Office of Administrative Hearings that all parties have agreed to the transfer of the case to the commission.
(c) Upon receipt of a medically contested case, the executive secretary of the commission shall cause a docket number to be assigned thereto and notice the parties of this specific number. All documents, motions, pleadings and orders filed thereafter shall be signed and shall contain:
(i) conspicuous reference to the said assigned commission docket number;
(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.
(d) In all medically contested cases, the parties shall file all original documents, pleadings and motions with the clerk of the district court maintaining the official case file, with true and complete copies of the particular document, pleading or motion properly served on all other parties or their attorneys and the commission pursuant to W.S. 27-14-601(n). 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) Upon notice of the referral or transfer of a medically contested case, the commission shall issue a scheduling order as notice to the parties of the time permitted in which to file the required employee/claimant's disclosure statement and opposing party's answer prior to the case being set for pre-hearing conference or evidentiary hearing. The employee/claimant's disclosure statement and the opposing party's answer shall contain:
(i) a brief statement of the contentions of the party;
(ii) significant uncontroverted facts about which there is no genuine issue, which facts may be established by admission or stipulation;
(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); and
(vi) the estimated time required for the hearing.
(b) At the discretion of the commission, the case may be dismissed for failure to file a disclosure statement or answer.
Section 3. Documents in the official case file. The commission will not take administrative notice in medically contested cases of the official case file maintained by the clerk of district court. Individual documents in the official case file must be marked as exhibits, included in the party's disclosure statement or answer and offered into evidence at the contested case hearing.
Section 4. Ex Parte. Except to the extent authorized by law or executive order 1981-12, the commission, staff members of the commission, any presiding officer designated by the commission and the commission's designated representative from the attorney general's office are prohibited from engaging in ex parte contacts with any individual or party on any material fact at issue after referral of a case until its final disposition. If prohibited ex parte contact nevertheless occurs, the official involved shall:
(a) immediately draft a written document or summary setting forth the contents and circumstances of the contact;
(b) mail the document to all parties to the proceeding and all other officials involved in the decisional process; and
(c) indicate the matter covered in the contact will be considered at the next scheduled hearing relating to the case, or as otherwise scheduled with notice to all parties.