reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 33 - REHEARINGS › Section 33-3 - Commission Decisions

Current through July 13, 2024
If the division staff or another party to a case decided by
				  the commission desires to have the commission redetermine any matter it
				  decided, the party must file a petition for rehearing within twenty-eight (28)
				  days of the mailing of the commission decision with the Appeals Division and
				  must send a copy to the last known address of all other parties. The petition
				  shall be in writing and state the legal and factual grounds for
				  redetermination. The filing of a petition for rehearing shall stay the order or
				  decision of the commission, as well as the time within which to file a petition
				  for review with a district court, until the commission denies the petition for
				  rehearing or enters an order following rehearing. If in the commission's
				  judgment the party seeking redetermination provides sufficient reason(s), the
				  commission shall grant the petition and hold a rehearing. The rehearing shall
				  be subject to the commission's rules. If the commission denies the petition for
				  rehearing, the stay set forth herein is immediately terminated, the original
				  order or decision shall be in full force and effect, and the time period for
				  any appeal will begin to run again. The party who sought the redetermination
				  may not file another petition for rehearing following an order or decision made
				  after the rehearing which vacates, amends or modifies the original order or
				  decision.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0018 - Unemployment Insurance › Chapter 37 - EMPLOYER NOTICE › Section 37-1 - Employer Notice of Potential Availability of Benefits

Current through July 13, 2024
(a) At the time of
				an employee's separation from employment for any reason, employing units shall
				provide individual notice of the potential availability of unemployment
				compensation benefits to any employee who separates from employment.
(b) In addition to the records required by
				Chapter 11, Section
				1 of these Rules, a record of the notice
				required by this Section shall be maintained by each employing unit.
(c) The record of notice required by this
				Section is a record prescribed by the Commission pursuant to W.S. §
									27-3-502(e), and
				is required for compliance with the Wyoming Unemployment Security
				Act.
(d) The record of notice
				required by this Section is a record subject to inspection pursuant to Chapter
				11, Section
				2 of these rules and W.S. §
									27-3-502(e).
(e) The notice required by this subsection
				may be provided to the separating employee in person, by email, or by mailing a
				copy of the notice to the separating employee's last known address.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-1 - AUTHORITY

Current through July 13, 2024
These rules of practice and procedure are promulgated by the
				  Medical Commission under the authority of W. S. §
									
										27-14-616 (LexisNexis 2001) and W. S. §
									
										16-3-102 (LexisNexis 2001). The commission
				  was created as a separate and independent impartial hearing body funded under
				  the workers' compensation account.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-2 - DEFINITIONS

Current through July 13, 2024
(a) "Access point" means a designated site
				where the party must go for purposes of attending the medically contested case
				hearing through the videoconference format;
(b) "Commission" means the Wyoming Medical
				Commission as set forth in W.S. § 27 -
				1 4-616;
(c) "Division" means the Workers'
				Compensation Division of the Department of Workforce Services;
(d) "Executive secretary" means the employee
				designated by the division to assist the commission in the conduct of its
				activities; including acting as Hearing Officer for all contested cases, ruling
				on all discovery, pretrial and procedural motions, conducting all preliminary
				hearings, and other procedural matters to facilitate the expeditious resolution
				of all contested cases.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-3 - PURPOSE OF RULES

Current through July 13, 2024
These rules are intended to set forth clear and
				  comprehensive procedures for the conduct of contested cases by the Medical
				  Commission pursuant to the Wyoming Administrative Procedure Act W.S. §
									
										16-3-101 through §
									
										16-3-115 (1977 and Cum. Supp.
				  1993).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-4 - APPLICATION OF RULES

Current through July 13, 2024
These rules shall apply to the conduct of contested cases
				  before the Medical Commission as authorized by W.S. §
									
										27-14-616. Cases shall be determined by the
				  Medical Commission in accordance with the contested case procedure of the
				  Wyoming Administrative Procedure Act and the Wyoming Rules of Civil Procedure,
				  as applicable under these rules and regulations.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 1-5 - CONSTRUCTION

Current through July 13, 2024
These rules are to be liberally construed to assure the
				  unbiased, fair, expeditious and impartial conduct of contested case proceedings
				  before the Medical Commission.
(e)
				"Medically contested case" means a case in which the primary issue is:
(i) a worker/claimant's percentage of
				physical impairment;
(ii) whether a
				worker/claimant is permanently totally disabled;
(iii) whether a worker/claimant who has been
				receiving temporary total disability benefits remains eligible for those
				benefits under W.S. §
										
											27-14-404(c).
(iv) any other issue, the resolution of which
				is primarily dependent upon the evaluation of conflicting evidence as to
				medical diagnosis, medical prognosis, the reasonableness and appropriateness of
				fees charged by a health care provider.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 2 - COMMISSION MEMBERSHIP › Section 2-1 - MEMBERS

Current through July 13, 2024
The commission shall consist of 22 health care providers,
				  eleven (11) members and no more than eleven (11) associate members as appointed
				  by the Governor and as set forth in W.S. §
									
										27-14-616(a).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 2 - COMMISSION MEMBERSHIP › Section 2-2 - ASSOCIATE MEMBERS

Current through July 13, 2024
Associate members may participate in all aspects of
				  commission activities, including the development of rules and regulations for
				  the operation of the commission. Associate members do not hold voting
				  privileges, except in their capacity as members of individual hearing panels
				  reaching final administrative decisions in medically contested
				  cases.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 2 - COMMISSION MEMBERSHIP › Section 2-3 - OFFICERS

Current through July 13, 2024
Members shall annually elect a chairperson and a
				  vice-chairperson. The chairperson shall preside over all meetings of the
				  commission membership and the vice-chairperson shall do so in the chairperson's
				  absence.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 2 - COMMISSION MEMBERSHIP › Section 2-4 - VACANCIES

Current through July 13, 2024
Commission vacancies shall be filled by the Governor. The
				  Executive Secretary, in conjunction with the director of the Wyoming Workers'
				  Safety and Compensation Division and the Director of the Department of Labor
				  shall submit written recommendations for the Governor's consideration. When
				  vacancies arise on the commission, names will be forwarded from this roster to
				  the Governor for appointment consideration. Members who have completed a term
				  on the commission may also be reappointed to serve additional
				  terms.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 3 - REFERRAL OF MEDICALLY CONTESTED CASES › Section 3-1 - FROM THE DIVISION

Current through July 13, 2024
(a) The commission
				shall accept for hearing those cases determined by the division to be medically
				contested cases, and which have been submitted in writing to the
				commission.
(b) Following proper
				referral by the division, the medical hearing panel shall have jurisdiction to
				hear and decide all issues related to the written determinations of the
				division filed pursuant to W.S. §
									
										27-14-601(k).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 3 - REFERRAL OF MEDICALLY CONTESTED CASES › Section 3-2 - FROM THE OFFICE OF ADMINISTRATIVE HEARINGS

Current through July 13, 2024
Pursuant to W.S. §
									
										27-14-616(e), upon agreement
				  of all parties to a case, the hearing examiner in a contested case which has
				  been referred to the Office of Administrative Hearings may:
(i) transfer a medically contested case to
				the commission for hearing and decision by a medical hearing panel;
				or
(ii) seek the advice of the
				commission on specified medical issues pursuant to written request of the
				administrative hearing officer. The advice will be in writing and transmitted
				to the hearing examiner for distribution to the parties and incorporation into
				the contested case record.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-1 - FILING AND SERVICE OF PAPERS

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-2 - INITIAL SCHEDULING CONFERENCE

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-3 - PRETRIAL CONFERENCE

Current through July 13, 2024
(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 .
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-4 - DISCLOSURE STATEMENT

Current through July 13, 2024
(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);
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-5 - DOCUMENTS IN THE OFFICIAL CASE FILE

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 4 - COMMENCEMENT OF CONTESTED CASE PROCEEDINGS › Section 4-6 - EX PARTE

Current through July 13, 2024
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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 5 - MOTIONS AND ORDERS › Section 5-1 - MOTIONS

Current through July 13, 2024
(a) An application to the commission for an
				order shall be by written motion and shall state with particularity the grounds
				and relief sought.
(b) Any hearing
				on any subject raised by motion shall be heard at the discretion of the hearing
				examiner. The hearing examiner may require the filing of briefs or other
				authority as may be deemed necessary.
(c) The hearing examiner may require the
				express written approval of the Employee/Claimant to any continuance of the
				proceedings.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 5 - MOTIONS AND ORDERS › Section 5-2 - REQUESTS FOR CONTINUANCE AND EXTENSIONS OF TIME

Current through July 13, 2024
(a)
				Generally, motions requesting continuances or extensions of time are
				disfavored, yet they may be granted sparingly and only upon a showing of good
				cause or when necessary to assure fairness and otherwise avoid manifest
				injustice. Continuances will not ordinarily be granted ex parte.
(b) Unless time does not permit, motions for
				a continuance of any scheduled hearing or conference shall be in writing, shall
				state the reasons therefore and shall be filed and served on all
				parties.
(c) Motions for an
				extension of time for the doing of any act required or allowed by these rules
				or by order of the commission shall be filed and served on all parties prior to
				the expiration of the applicable time period.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 6 - SELECTION OF HEARING PANELS › Section 6-1 - SELECTION OF HEARING PANELS

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 6 - SELECTION OF HEARING PANELS › Section 6-2 - DESIGNATION AND AUTHORITY OF PRESIDING OFFICER

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 6 - SELECTION OF HEARING PANELS › Section 6-3 - APPOINTED ATTORNEY

Current through July 13, 2024
(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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 7 - DISCOVERY › Section 7-1 - GENERALLY

Current through July 13, 2024
(a) Discovery documents or notices shall not
				be filed with the commission except when relief is sought pursuant to W.S.
				§
									
										16-3-107(c).
(b) Unless otherwise prohibited by law or
				limited by these rules or commission order, the taking of discovery shall be
				available to the parties in accordance with the provisions of § 16 -
				3107(g) and Rules 26, 28 through 37 (excepting 37(b)(1) and 37(b)(2)(D)
				therefrom) of the Revised Wyoming Rules of Civil Procedure.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 8 - EVIDENCE › Section 8-1 - EVIDENCE AND TESTIMONY

Current through July 13, 2024
(a) Generally, the
				taking of evidence at the medically contested case hearing shall be governed by
				W.S. §
									
										16-3-108 and case law thereunder.
(b) All testimony shall be given under oath
				or affirmation.
(c) Irrelevant,
				immaterial or unduly repetitious evidence shall be excluded, without regard to
				whether such evidence is in verbal or written form.
(d) The law of privileged communication
				between health care provider and patient shall not apply. Health care providers
				may be required to testify under the provisions of W.S. §
									
										27-14-610.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 8 - EVIDENCE › Section 8-2 - SUBPOENAS

Current through July 13, 2024
(a) Subpoenas for appearance and to produce
				books, papers, documents or exhibits may be issued by the commission, upon
				written motion of any party, or on the commission's own motion, pursuant to
				W.S. §
									
										16-3-107(c).
(b) Subpoenas may be enforced pursuant to
				W.S. §
									
										16-3-107(c).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-1 - NOTICE OF HEARING

Current through July 13, 2024
(a) A medically
				contested case evidentiary hearing shall be set by Order Setting Hearing and
				Requiring Disclosure which shall provide the time, place and nature of the
				evidentiary hearing, the division's 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 order setting hearing shall be sent by mail or personally to all
				parties at least thirty (30) days before the date set for the evidentiary
				hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-2 - ORDER OF PROCEDURE AT HEARING

Current through July 13, 2024
(a) The evidentiary
				hearing shall be presided over by the executive secretary or his designee. As
				nearly as possible, evidentiary hearings shall be conducted in accordance with
				the following order of procedure:
(b) The executive secretary shall conduct the
				hearing, shall announce that the hearing is convened, shall indicate the docket
				number and title of the case to be heard, and shall identify all parties
				present.
(c) The executive
				secretary shall then take up any motions or preliminary matters to be
				heard.
(d) Opening statements to
				briefly explain the party's position may be made or waived by the parties.
				Opening statements may be limited at the discretion of the executive
				secretary.
(e) 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 witness for the purpose of clarifying their
				understanding of the case. Rebuttal and surrebuttal evidence will be allowed
				only at the discretion of the executive secretary.
(f) 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. Closing statements
				may be limited in time at the discretion of the executive secretary. In
				appropriate circumstances, written closing statements may be ordered in lieu of
				oral arguments.
(g) The executive
				secretary may ask for proposed findings of fact and conclusions of law from
				both parties, at a date established by the executive secretary.
(h) After all proceedings have been
				concluded, the chairperson shall dismiss and excuse all parties and declare the
				hearing closed. The medical hearing panel may request parties to submit
				supplemental briefs or other evidentiary items after the hearing is closed and
				during consideration of the case. The executive secretary 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.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-4 - TELEPHONE CONFERENCES

Current through July 13, 2024
. At the discretion of the executive secretary, telephone
				  conference calls may be used to conduct any hearing or other proceeding. At the
				  discretion of the executive secretary, parties or their witnesses may be
				  allowed to participate in hearings by telephone.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-5 - VIDEO CONFERENCES

Current through July 13, 2024
(a) At the
				discretion of the executive secretary, 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 order setting
				hearing.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-6 - RECORDING AND REPORT OF PROCEEDINGS

Current through July 13, 2024
. 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 or written record. A copy of such
				  proceedings will be furnished to any party upon written
				  request.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 9 - EVIDENTIARY HEARING PRACTICE & PROCEDURE › Section 9-7 - SPECIAL PROCEEDINGS

Current through July 13, 2024
(a)
Small Claims.
Small claims hearings shall be conducted
				under the provisions of W.S. §
									
										27-14-602(b)(i). For the
				purpose of considering an objection of a party that a matter be conducted as a
				small claims hearing, the executive secretary of the medical commission shall
				act as 'hearing officer' or appoint a presiding officer to act as 'hearing
				officer.'
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-1 - INFORMAL DISPOSITION

Current through July 13, 2024
(a) Informal
				disposition may be made of any case or any issue by stipulation or
				settlement.
(b) If the parties
				reach a settlement, the settlement shall be in writing and the executive
				secretary shall be presented with the terms thereof. The executive secretary
				may disapprove a settlement only if it clearly violates provisions of law or
				public policy. The executive secretary shall enter a final order dismissing the
				case upon such approved settlement or upon notice by the petitioner or division
				that the disputed claim is withdrawn.
(c) The executive secretary may require the
				signature of the Employee/Claimant on settlement documents.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-2 - DEFAULT ORDER

Current through July 13, 2024
(a) If a party
				fails to attend or participate in an initial scheduling conference, hearing, or
				other stage of a contested case proceeding, the executive secretary may serve
				upon all parties written notice of a proposed default order, including a
				statement of the grounds.
(b)
				Within ten (10) days after service of a proposed default order, the party
				against whom it was issued ma y file a written motion requesting the proposed
				order be vacated and stating the grounds therefore.
(c) The executive secretary shall issue or
				vacate the default order promptly after expiration of the time within which the
				Party may file a written motion under subsection (b).
(d) Upon issuance of a default order, the
				executive secretary shall conduct, without the participation of the party in
				default, any further proceedings necessary to complete the contested case and
				determine all issues in the proceeding, including those affecting the defaulted
				party.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-3 - FINAL DECISION

Current through July 13, 2024
(a) The medical
				hearing panel shall make and enter a written decision and order containing
				findings of fact and conclusions of law, separately stated. The findings of
				fact shall be derived from the evidence of record in the proceeding, matters
				officially noticed in that proceeding, and matters within the medical hearing
				panel's knowledge as acquired through performing its functions and duties. Such
				findings shall be based on the kind of evidence on which reasonably prudent
				persons are accustomed to rely upon the conduct of their serious affairs, even
				if such evidence would be inadmissible in a civil trial. The medical hearing
				panel's experience, technical competence and specialized knowledge may be
				utilized in evaluating the evidence.
(b) When the medical hearing panel requests
				that counsel draft a proposed final order, counsel shall forward the original
				to the division, concurrently serving copies of the proposed order on all other
				parties along with notice that any objections to the form of the proposed order
				must be made within ten (10) days.
(c) All written decisions of the medical
				hearing panel shall be kept on file in the office of the medical commission and
				the original will be provided to the division for filing, and will, without
				further action, become the final decision and order as a result of the hearing.
				Upon filing, a copy of the decision shall be sent to all parties in the
				contested case.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-4 - MOTION FOR RECONSIDERATION

Current through July 13, 2024
(a) Within ten (10)
				days of the date of the decision, any party may petition the commission for
				reconsideration of the decision and order by filing a motion with the
				commission for any of the following grounds:
(i) irregularity in the
				proceedings;
(ii) fraud,
				misrepresentation, or other misconduct of the prevailing party;
(iii) error in the assessment of the amount
				of recovery;
(iv) newly discovered
				evidence regarding material or evidence which the party could not, with
				reasonable diligence, have discovered and produced at the hearing; or
(v) error of law contained within the
				decision.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-5 - MEDIATION

Current through July 13, 2024
After referral to the Medical Commission, and prior to the
				  contested case hearing, the executive secretary with consent of the parties may
				  refer the case to the Office of Administrative Hearings for mediation. The
				  executive secretary shall enter a written order assigning the matter for
				  mediation and the Office of Administrative Hearings shall provide a mediator's
				  report to the Medical Commission upon conclusion of the mediation. Thereafter,
				  a final order shall be issued incorporating the terms and conditions of the
				  mediation, if successful, or otherwise scheduling the matter for contested case
				  proceedings before the Medical Commission.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 10 - CASE DISPOSITION › Section 10-6 - JUDICIAL REVIEW

Current through July 13, 2024
Any party aggrieved or adversely affected by a final
				  decision in a contested case or the Division Director as provided by W.S.
				  §
									
										27-14-614, is entitled to judicial review in
				  the appropriate district court pursuant to W.S. §
									
										16-3-114, §
									
										27-14-602, and Rule 12, Wyoming Rules of
				  Appellate Procedure. §
									
										27-14-602(c).
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 11 - SPECIAL PROCEEDINGS › Section 11-1 - Expedited Medically Contested Cases

Current through July 13, 2024
(a) Upon request of
				a party or on the commission's own motion, a medically contested case may be
				expedited if the case is:
(i) a matter in
				which there are no disputed issues of material fact; or
(ii) a matter in which the parties agree to
				an expedited proceeding.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0019 - Workers' Compensation - Medical Commission › Chapter 11 - SPECIAL PROCEEDINGS › Section 11-2 - Small Claims Hearings

Current through July 13, 2024
(a) Small claims
				hearings shall be conducted under the provisions of W.S. §
									
										27-14-602(b) (i).
(b) For the purpose of considering an
				objection of a party that a matter be conducted as a small claims hearing, the
				Chairperson of the Medical Commission shall act as "hearing officer" or appoint
				a presiding officer to act as "hearing officer".
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0020 - Workers' Compensation Commission › Chapter 11 - FISCAL PROVISIONS › Section 11-1 - Rehabilitation Expenses-Funds Transfer

Current through July 13, 2024
Expenses incurred for administrative costs under W.S.§
									
										27-14-408 shall be paid by the Division of
				  Vocational Rehabilitation (DVR) of the Department of Workforce Services. The
				  funds for program expenses shall be advanced by the Workers' Compensation
				  Division on not more than a quarterly basis. The amount to be advanced shall be
				  determined by the established caseload average expenses. If the client is
				  eligible under state criteria the Workers' Compensation Division will advance
				  the total expenses incurred within the limits allowed under W.S. §
									
										27-14-408(e)(ii). If the
				  client meets federal criteria, the Workers' Compensation Division will advance
				  the nonfederal share of expenses up to the required state matching rate under
				  the Federal Rehabilitation Act within the limits allowed under W.S. §
									
										27-14-408(e)(ii).
(a) DVR shall develop an Individualized Plan
				for Employment, which will itemize or identify all costs of the Plan not to
				exceed $30,000.00. The total cost of each Plan will be charged to the
				employer's workers' compensation account in the following manner:
(i) 100% of the stipend paid to an injured
				worker for living expenses; and
(ii) 21.3% of any additional expenses which
				may include, but are not limited to, tuition, books, supplies, equipment, and
				program expenditures.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0020 - Workers' Compensation Commission › Appendix A

Current through July 13, 2024
I GUIDELINES FOR NECK AND BACK PROCEDURES.
a) Co-Surgeons:
Add surgeons fee + 20% assist's fee divided by 2 to calculate
				payment for each surgeon.
b) Co-Surgeons exposing for an anterior approach:
- All cervical approaches - 10 units
- All thoracic approaches - 12 units
- All abdominal approaches - 10 units
c) Bilateral posterior laminotomies (63030) will be paid 100%
				for the first side and as an extra interspace (63035) for the opposite
				side.
d) Microscopes on routine laminectomies are an option and NOT
				compensable. (This is a surgeon's preference and/or standard of care)
(e) The removal of posterior segmental fixation with
				exploration as a single procedure will be paid per the added code of 22853 = 18
				units.
(f) If a surgeon cuts the dura during routine laminectomy,
				Workers' Compensation will not pay for the repair.
(g) Bilateral spinal facet injections will be compensated on
				code 64442 and 64443 for the bilateral side. Each additional injection site
				will be paid on code 64443. The local injection is included in the primary
				injection procedure.
(h) For spinal injection procedures 76000 will be compensated
				for the use of the fluoroscope.
(j) For spinal injection procedures, hard copy x-ray
				(professional component) charges are included in the primary injection
				procedures. Technical component will be paid per the St.
				Anthony's.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 1 - GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules, regulations and fee schedules are adopted by the
				  Administrator pursuant to the requirements and authority of the Wyoming
				  Workers' Compensation Act (the "Act"). Specific authority and direction is
				  found in Wyoming Statute §§
									
										27-14-102(a)(i),
				  102(a)(xii), 201(o), 201(q), 202(e), 205(b), 306(d), 401(e), 402, 404(a),
				  408(e)(ii), 501(a), 502(a), 506(a) and (b), 601(e), 616(b)(i) and (ii), 616(d),
				  802(a) and (c) and in the requirements of the Wyoming Administrative Procedure
				  Act, W. S. §§
									
										16-3-101 through 115.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 1 - GENERAL PROVISIONS › Section 1-2 - Effective Date

Current through July 13, 2024
These rules, regulations and fee schedules become effective
				  on the date filed with the Wyoming Secretary of State, and replace all prior
				  rules and regulations of the Employment Tax Division and Workers' Compensation
				  Division within the Wyoming Department of Workforce Services. However, to the
				  extent these rules affect a worker's substantive right to benefits; the rules
				  in effect at the time of injury apply. Pursuant to W. S. §
									
										27-14-602, eligibility for and amount of
				  benefits are determined pursuant to the law in effect on the date of
				  injury.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 1 - GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
(a) 49 CFR Part 40
				means Title 49, Part 40 of the Code of Federal Regulations (CFR) as revised
				January 1, 2018.
(b) AB Rated. Drug
				products made by different distributors and/or repackagers that are considered
				therapeutically equivalent based on demonstrated bioequivalence.
(c) Actively Seeking Work. For purposes of
				benefit eligibility, a claimant is actively seeking work if the claimant
				provides tangible evidence of the work search to the Division. Completion of
				the work search form will be considered tangible evidence. The work search must
				contain a minimum of five contacts per week over the course of a six week
				period. The six (6) week period must be immediately preceding the date the
				application is filed with the Division or immediately following the date the
				application is filed with the Division. The contacts listed on the work search
				must be made for work the claimant is reasonably qualified to perform and is
				willing to accept. Actions that would be considered an active search for
				employment include completing job applications, faxing or mailing resumes
				(include proof), and/or visiting the employers in person. Claimant must contact
				the employer he was working for at the time of injury to inquire if the
				employer has work available within their medically documented
				restrictions.
(d) Actual Monthly
				Earnings.
(i) Income the employee was
				receiving from all employment at the time of injury and which is lost due to
				the injury, including:
(A) Actual value of
				board, lodging, rent, or housing and per diem expenses to be included within
				the actual wage as remuneration, if such board, lodging, rent or housing and
				per diem is lost as a result of the injury;
(B) Commissions and bonuses;
(C) The average amount of overtime pay
				received in the six (6) months before the injury or guaranteed by written
				agreement between the employer and employee entered into before the
				injury;
(D) Gratuities received in
				the course of employment, from others than the employer, only when such
				gratuities are received with the knowledge of the employer and reported to the
				United States Internal Revenue Service by the employee or the
				employer;
(E) Wages earned from
				employment at more than one occupation or employer other than the employer at
				the time of injury, if those wages are lost due to a compensable injury;
				and
(F) Unemployment insurance
				benefits paid to the injured employee during the twelve (12) months preceding
				the month of injury will be taken into account when computing the actual
				monthly earnings in cases where there are special circumstances under which the
				actual monthly earnings cannot be determined.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 1 - GENERAL PROVISIONS › Section 1-4 - Rules of Procedure for Hearings before the Workers' Compensation Division

Current through July 13, 2024
(a) Applicability.
				These rules and procedures shall apply to all contested cases, as defined by
				the Wyoming Administrative Procedure Act (W. S. §§
									
										16-3-101 through 115), which are not required
				to be referred to the Office of Administrative Hearings (OAH) or Workers'
				Compensation Medical Commission. For example, this section shall govern
				contested cases over such matters as rate classification and the Division's
				annual premium rate filing.
(b)
				Definitions.
(i) Department. The Department
				of Workforce Services.
(ii)
				Director. The Director of the Department of Workforce Services or the
				Director's deputy, examiner or assistant appointed by the Director in
				writing.
(iii) Petitioner. The
				person(s) or organization(s) requesting a hearing as provided in the Wyoming
				Workers' Compensation Act and the Administrative Procedure Act.
(iv) Hearing. The evidentiary proceeding in
				any "contested case" as defined in the Wyoming Administrative Procedure Act
				which is not required to be referred to the Office of Administrative Hearings
				(OAH) or Workers' Compensation Medical Commission.
(v) Hearing Officer. The Administrator of the
				Division or such person or persons as the Administrator designates in writing
				to preside over the contested case and conduct the hearing. No person shall
				serve as hearing officer who directly participated in making the determination
				which is the subject of the contested case.
(vi) Commencement of Case. All contested case
				proceedings shall be commenced by filing a written petition/request for hearing
				with the Division. The petition shall include:
(A) The name, address and telephone number of
				each petitioner.
(B) A statement of
				the facts upon which the petition is based, including, whenever applicable,
				particular reference to the determination, statutes, rules, regulations and
				orders that the applicant believes are relevant to the case.
(C) The determination or other relief
				requested by the petitioner.
Wyoming Administrative Code › Agency 053 - Workforce Services, Department of › Sub-Agency 0021 - Workers' Compensation Division › Chapter 1 - GENERAL PROVISIONS › Section 1-5 - Hearing Requests Regarding Timeliness Requests Regarding Timeliness

Current through July 13, 2024
(a) Hearing. Upon
				timely request or appeal, the party filing or paying in an apparently untimely
				manner shall be given a hearing on the question of the timeliness of the filing
				or paying.