Wyo. Code R. 053-0019-6
Workers' Compensation - Medical Commission
Chapter 6: Selection of Hearing Panels
Effective Date: 02/14/2003 to Current
Rule Type: Current Rules & Regulations
Reference Number: 053.0019.6.02142003
(a) The selection of commission members to serve on specific hearing panels for medically contested cases shall be made by the executive secretary under the supervision and guidance of the commission chairperson. Three commission members shall serve as a medical hearing panel and one panel member shall be designated by the executive secretary as the chairperson of that panel. W.S. §27-14-616(b)(iv).
(b) To the extent possible, the commission members' expertise relevant to the circumstances of the contested case shall guide selection of the panel. No panel appointment will be made of a commission member:
(i) whose practice has previously received compensation for care or opinion rendered to a party specific to the issue presented in the medically contested case;
(ii) who currently or previously has had a personal or professional relationship with the treating health care provider with respect to the case or issues before the panel; or
(iii) who has any other possible conflict of interest.
(c) Any party opposing the selection of any medical panel member shall file the objection to the panel member in writing, setting forth with specificity the basis of the objection. The written motion must be filed within ten (10) days of receipt of the order setting hearing.
(d) Upon receipt of the motion challenging a panelist, the executive secretary shall immediately set the matter for hearing on the motion.
(e) At any time while a case is pending, any member of the medical hearing panel or the presiding officer may recuse himself or herself from consideration of the case and must do so once he or she is aware that a conflict exists as described in Chapter 6, Section 1 (b)(i) or (ii). A notice of recusal shall be filed with the commission for service on all parties.
(a) The presiding officer of all hearings shall be the executive secretary of the medical commission or his designee. The functions of the presiding officer shall be conducted in an impartial manner.
(b) Pursuant to Section W.S. §16-3-112(b), a presiding officer shall have all powers necessary to conduct a fair and impartial hearing, including but not limited to the following:
(i) administer oaths and affirmations;
(ii) issue subpoenas;
(iii) rule upon offers of proof and receive relevant evidence;
(iv) provide for discovery and determine its' scope;
(v) preside over and regulate the course of the hearing;
(vi) hold conferences for settlement, review, or simplification of the issues;
(vii) dispose of procedural requests or similar matters;
(viii) make a recommended decision for the hearing panel's consideration;
(ix) sign all orders on the commission's behalf, except final decisions in medically contested cases; and
(x) take any other action authorized by the commission's rules and consistent with law.
(a) Upon request, the presiding officer may appoint an attorney to represent an employee under W.S. §27-14-602(d) and allow a reasonable fee upon entry of a final order. All requests for attorney fees shall be in detail showing time spent and work performed. Pursuant to Painter v. State ex rel., Wyoming Workers' Compensation Division, 931 P.2d 953 (Wyo. 1997), attorneys' fees and costs are payable from the date of the Final Determination letter from the division. Fees allowed by the presiding officer shall be at an hourly rate set by the director of the Office of Administrative Hearings pursuant to 27-14-602(d). Appointed attorneys shall be reimbursed for costs necessarily and reasonably incurred as set forth by the Office of Administrative Hearings.
(b) No fee shall be awarded in any case in which the presiding officer determines the claim to be frivolous and without legal or factual justification.
(c) Applications for attorneys' fees shall be submitted within ninety (90) days of the entry of a final order.
(d) Objections to attorneys' fees by any party shall be filed as a motion for reconsideration of attorneys' fees and must be in writing and filed within ten (10) days of the executive secretary's order awarding attorney's fees.