Wyo. Code R. 053-0019-6
Workers' Compensation - Medical Commission
Chapter 6: Prehearing Practice and Procedure
Effective Date: 06/13/1995 to 02/14/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0019.6.06131995
Section 1. Processing of the Case. The executive secretary shall examine the disclosure statement and answer, notify the parties of any apparent errors or omissions, and request in writing, with copies to all parties, any additional information the commission wishes to obtain, including whether a party wishes the matter to be considered as an expedited case under Chapter 11, Section 1 of these rules.
(a) Once docketed, the commission shall take appropriate action toward ultimate decision, which may include, but is not limited to, scheduling informal conferences, prehearing conferences, motion hearings, settlement conferences and the contested case hearing.
(b) The commission shall provide all parties timely notice of all scheduled proceedings.
(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; or
(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.
(a) The chairperson of the hearing panel may designate a presiding officer by assigning the case to the executive secretary of the commission. The functions of the presiding officer shall be conducted in an impartial manner.
(b) Pursuant to 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) subpoena witnesses and require the production of any books, papers or other documents relevant or material to the inquiry;
(a) Upon request, the presiding officer or executive secretary 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 and shall be verified. Fees allowed by the presiding officer shall be at an hourly rate of sixty dollars ($60.00) per hour. Appointed attorneys shall be reimbursed for costs necessarily and reasonably incurred. Except for good cause shown, attorneys' travel time in connection with the case or to the contested case hearing shall not be reimbursed.
(b) Requests for fees and expenses of appointed attorneys shall indicate the source of funds as provided by W.S. 27-14602(c) from which the fees and expenses have been proposed to be ordered paid and such requests shall be properly served on all parties or their attorneys.
(c) 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.
(a) A party may petition the commission to request that an individual panel member be disqualified from hearing a medically contested case in which the party is involved. The petition for disqualification must be filed with the commission no later than 20 days prior to the contested case hearing. Disqualification will be granted for cause only and petitioner has the burden of proof to show that the panel member is biased, prejudiced or has a conflict of interest in the case to be heard.
(b) 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 3(b)(i) or (ii). A notice of recusal shall be filed with the commission for service on all parties and filing in the case record. From and after the date of the notice of recusal, the member or presiding officer shall not participate in any decisions or orders with regard to the case.
Section 7. Prehearing Conferences. In order to facilitate organization and efficient use of time, parties may be required to attend prehearing conferences. The commission, medical hearing panel or presiding officer may order a prehearing conference and may cause a record of the conference to be made. If so ordered, each party may be required to file a prehearing statement no later than five (5) days before the conference. The statement shall contain such items, information, and directions as the commission, medical hearing panel, or presiding officer deems necessary to conduct a useful conference. The prehearing conference shall be an informal proceeding conducted expeditiously and may be held by telephone conference call. The results of the conference may be made the subject of an order which shall be provided to all parties to the case. The prehearing order shall control the course of the hearing unless modified by the medical hearing panel to prevent manifest injustice. The prehearing conference may consider: