Wyo. Code R. 053-0019-9
Workers' Compensation - Medical Commission
Chapter 9: Evidentiary Hearing Practice & Procedure
Effective Date: 06/07/1994 to 02/14/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0019.9.06071994
Section 1. Notice of Hearing. A medically contested case evidentiary hearing shall be set by notice which shall provide the time, place and nature of the evidentiary hearing, the docket number assigned to the case, the legal authority and jurisdiction under which the evidentiary hearing is to be held, the particular sections of the statutes and the rules involved, the panel members who will hear the case, the access points if the case is to be heard via video conferencing, and a short and plain statement of the matters asserted. The Notice of Evidentiary Hearing shall be sent by mail or personally to all parties at least thirty (30) days before the date set for the evidentiary hearing.
Section 2. Evidentiary Hearing; Generally. At the date, time and place of the evidentiary hearing, the medical hearing panel shall hear all matters presented.
Section 3. Order of Procedure at Hearing. For the purposes of this section, the functions of the chairperson of the medical hearing panel may be exercised by a presiding officer appointed by the chairperson. As nearly as possible where evidence is presented, evidentiary hearings shall be conducted in accordance with the following order of procedure:
(a) The chairperson shall conduct the hearing, shall announce that the hearing is convened and shall indicate the docket number and title of the case to be heard. The case notice shall be read into the record and the chairperson shall note for the record all subpoenas issued and all appearances of record.
(b) The chairperson shall then take up any motions or preliminary matters to be heard.
(c) Opening statements to briefly explain the party's position and outline the proposed evidence which will be offered together with the purpose thereof will be heard at the discretion of the medical hearing panel.
(d) The party with the burden of proof will be the first to present evidence, all other parties being allowed to cross-examine in an orderly fashion. When the party with the burden of proof rests, other parties will then be allowed to present their evidence, again allowing for cross-examination. The members of the medical hearing panel may ask questions of any party or any witness for the purpose of clarifying their understanding of the case. Rebuttal and surrebuttal evidence will be allowed only in the discretion of the chairperson.
(e) Closing statements may be made at the conclusion of the presentation of evidence by both parties. These statements may include summaries of the evidence and legal arguments.
(f) The chairperson may ask for proposed findings of fact and conclusions of law from both parties, at a date established by the medical hearing panel.
(g) After all proceedings have been concluded, the chairperson shall dismiss and excuse all parties and declare the hearing closed. The medical hearing panel may announce a tentative decision prior to taking the case under advisement. The medical hearing panel may request parties to submit supplemental briefs after the hearing is closed and during consideration of the case. The medical hearing panel shall advise the parties that the final decision shall be announced within due and proper time following consideration of all matters presented at the hearing.
Section 4. Telephone Conferences. At the discretion of medical hearing panel, telephone conference calls may be used to conduct any hearing or other proceeding. At the discretion of the medical hearing panel, parties or their witnesses may be allowed to participate in hearings by telephone.
(a) At the discretion of the commission, video conferencing may be used to conduct any hearings or other proceeding. The access points for the video conferencing shall be appropriately designated in the Notice of Evidentiary Hearing.
(b) Costs for scheduling a video conference evidentiary hearing which must be cancelled fewer than ten (10) days prior to the hearing date will be assessed to the party or parties responsible for the cancellation.
Section 6. Recording and Report of Proceedings. The presiding officer shall assure that a record of the proceedings is kept pursuant to W.S. 16-3-107(p). The proceedings, including all testimony shall be reported verbatim by any appropriate means, including audio or video recording. A copy of such proceedings will be furnished to any party upon written request and the payment of a reasonable fee where not prohibited by law.