Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Notice.
A place, date, and time certain will be assigned to each case.
Written notice of the hearing will be given as soon as the assigned date is
known, but must be given at least 30 days in advance of the hearing,
except:
A. when notice is waived by
the parties;
B. when a different
time is expressly agreed to by the parties;
C. when the notice is governed by contrary
law or rule; or
D. when the hearing
has been continued from an earlier date and the parties are all available at an
earlier date.
The notice must include the place of hearing, the amount of
time allowed for the hearing, and if known, the name of the judge assigned. If
an additional hearing date is required, the office will set the date and
time.
Subp. 2.
Availability of witnesses.
As soon as the parties know the hearing date, they shall
immediately notify all witnesses in writing and arrange for the witnesses to be
present or for the taking of a deposition under part
1420.2200. A party calling a
witness for whom an interpreter is required shall advise the office in advance
of the need for an interpreter.
Subp.
3.
Medical evidence.
Rules governing medical evidence are as follows:
A. If a party believes that the oral
testimony of a physician or health care provider is crucial to the accurate
determination of the employee's disability, the party shall file a written
motion pursuant to part
1420.2250.
B. If medical evidence is submitted in the
form of written reports, rather than by oral testimony, under Minnesota
Statutes, section
176.155, subdivision
5, the reports should include:
(1) the date of
the examination;
(2) the history of
the injury;
(3) the patient's
complaints;
(4) the source of all
facts in the history and complaints;
(5) findings on examination;
(6) opinion as to the extent of disability
and work limitations, if any;
(7)
the cause of the disability and, if applicable, whether the work injury was a
substantial contributing factor toward the disability;
(8) the medical treatment
indicated;
(9) if permanent
disability is an issue, an opinion as to whether or not the permanent
disability has resulted from the injury and whether or not the condition has
stabilized. If stabilized, a description of the disability with a complete
evaluation;
(10) if a permanent
partial disability is a result of two or more injuries or occurrences, or if
part of the permanent disability is a result of a preexisting disability that
arises from a congenital condition, traumatic injury, or incident, whether or
not compensable under Minnesota Statutes, chapter 176, the health care provider
shall apportion the disability between the injuries, occurrences, or
conditions;
(11) if future medical
care or treatment is anticipated, a statement of the nature and extent of
treatment recommended and, if possible, the anticipated results;
(12) the reason for each opinion;
and
(13) if applicable, a statement
that the health care provider has read the rules concerning determination of
permanent partial disability, understands them, and has applied those rules in
making the determination.
C. Medical reports to be used at the hearing
must be served on the parties and filed with the office, with an affidavit of
service, sufficiently in advance of the hearing to allow other parties the
opportunity to cross-examine the health care provider, if desired, unless the
delay in filing the report was caused by a failure of the employee to report
for an adverse medical examination or to provide medical support for the claim
on a timely basis, or other good cause. If the report is filed too late to
allow the cross-examination, the record will be held open to allow other
parties to either cross-examine the health care provider after the hearing or
provide a follow-up report from an expert of the other parties.
Subp. 4.
Rights of
parties.
All parties have the right to present evidence, to
cross-examine witnesses, and to present rebuttal testimony.
Subp. 5.
Witnesses.
A party may be a witness and present other witnesses at the
hearing. Oral testimony at the hearing must be under oath or affirmation. At
the request of a party or upon the judge's motion, the judge may exclude
witnesses other than parties from the hearing room so that they cannot hear the
testimony of other witnesses.
Subp.
6.
Evidence.
A. The
judge will accept only relevant and material evidence that is not repetitive or
cumulative.
B. Exhibits for
hearings scheduled to be conducted by video technology must be prefiled with
the office at least three business days before the hearing. Mailed or delivered
exhibits must be placed in a separate, sealed envelope marked with the name and
date of the case, the file number, and must be identified as exhibits of the
submitting party. Faxed exhibits may not exceed 15 pages in length and must be
clearly marked as video hearing exhibits for immediate hand delivery to the
judge, and must include the name and file number of the case, the date of
hearing, and identify the submitting party. An adverse party must also receive
the exhibits at least three business days before the hearing.
Subp. 7.
Record
requirements.
Record requirements are as follows:
A. The office shall maintain the official
record, other than the stenographic notes of a hearing reporter, in each case
until the issuance of the final order.
B. The record shall contain:
(1) all pleadings, motions, and
orders;
(2) subject to part
1415.3500, evidence received or
considered unless, through agreement of the parties or by order of the judge,
custody of an exhibit is given to one of the parties;
(3) those parts of the division's official
file on the matter which the judge incorporates on the record;
(4) offers of proof, objections, and the
resulting rulings;
(5) the judge's
order;
(6) memoranda submitted by a
party in connection with the case and accepted by the judge;
(7) a transcript of the hearing, if one was
prepared; and
(8) until a final
order is issued after any appeals, the audio-magnetic recording tapes used to
record the hearing, if any.
C. The chief judge shall direct that the
verbatim record of a hearing be transcribed if requested by any person. The
person requesting a transcript must pay the person preparing the transcript a
reasonable fee.
D. Under Minnesota
Statutes, section
176.421,
subdivision 4, clause (3), a party may petition the chief judge for an order
directing that a transcript be prepared, for purposes of appeal to the court of
appeals, at no cost to the appellant. A petition filed under this provision
must include:
(1) the caption of the
case;
(2) case identification
numbers;
(3) the name, address, and
telephone number of the attorney representing the appellant; and
(4) a sworn affidavit from the appellant
which must include a complete accounting of all household income from any
source, the market value of any holdings including real estate, and all
expenses on a monthly basis.
Subp. 8.
Hearing procedure.
A. Unless the judge determines that the
substantial rights of the parties will be ascertained better in some other
manner, the hearing will be conducted in the following manner:
(1) After opening the hearing, the judge
shall, unless all parties are represented by counsel, state the procedural
rules for the hearing.
(2)
Stipulations entered into by the parties before the hearing must be entered
into the record.
(3) If the judge
requests opening statements, the party with the burden of proof shall proceed
first. Other parties shall make opening statements in a sequence determined by
the judge.
(4) After opening
statements, the party with the burden of proof shall begin the presentation of
evidence. That party will be followed by the other parties in a sequence
determined by the judge.
(5)
Cross-examination of witnesses will be conducted in a sequence determined by
the judge.
(6) When the parties and
witnesses have been heard and if the judge believes that legal issues remain
unresolved, final arguments may be presented in a sequence determined by the
judge. Final argument may, in the discretion of the judge, be in the form of
written memoranda or oral argument, or both. The judge shall decide when
memoranda must be submitted. Final arguments must be limited to legal issues
only.
(7) The record of the case
will be closed upon receipt of the final written memorandum or transcript, if
any, or late-filed exhibits which the judge has received into the record,
whichever occurs last.
Subp. 9.
Disruption of hearing.
Persons in the hearing room may not converse in a disruptive
manner, read newspapers, smoke, chew gum, eat food, or drink liquids other than
water, or otherwise disrupt the hearing while the hearing is in session, and
counsel shall so instruct parties they represent, witnesses they call, and
persons accompanying them. A cellular telephone must be turned off in the
hearing room unless the judge grants permission for it to be turned on. Guns
and other weapons are not allowed in the hearing room or on the premises of the
office.
No television, video, digital, still, or other camera, and no
electronic recording devices, other than those provided by the office may be
operated in the hearing room during the course of the hearing unless permission
is obtained from the judge. Permission is subject to conditions set by the
judge to avoid disruption of the hearing.
Under Minnesota Statutes, section
624.72,
no person may interfere with the free, proper, and lawful access to or egress
from the hearing room. No person may interfere or threaten interference with a
hearing, or disrupt or threaten disruption of a hearing.
Statutory Authority: MS s
14.51;
176.081;
176.155;
176.285;
176.312;
176.361;
176.83
