Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment clarifies the procedures for
briefing and oral argument in Tort Victims' Compensation Cases, and removes the
requirement to file three (3) copies.
(1) Review-Appeal. Any party to a case
involving tort victims' compensation may appeal the decision of the Division of
Workers' Compensation by filing a petition with the commission within thirty
(30) days following the date of notification or mailing of the decision, as
provided by section
537.690,
RSMo. A form to be used in making the petition has been promulgated by the
commission and is available upon request. The petitioner need not use the
promulgated form provided the petition sets forth information in regard to the
case, and the decision which is sought to be reviewed and the reason for making
the petition. The petition shall be signed by the petitioner or the
petitioner's attorney.
(2)
Additional Evidence.
(A) After a petition has
been filed with the commission, any interested party may file a motion to
submit additional evidence to the commission. The hearing of additional
evidence by the commission shall not be granted except upon the ground of newly
discovered evidence which could not have been produced with reasonable
diligence at the hearing before the Division of Workers' Compensation. Tender
of merely cumulative evidence does not constitute a valid ground for the
admission of additional evidence by the commission. The motion to submit
additional evidence shall set out specifically and in detail:
1. Nature and substance of the newly
discovered evidence;
2. Names of
witnesses to be produced;
3. Nature
of the exhibits to be introduced; and
4. Full and accurate statement of the reason
the testimony or exhibits reasonably could not have been discovered or produced
at the hearing before the Division of Workers' Compensation.
(B) The commission shall consider
the motion to submit additional evidence and any response of the opposing party
without oral argument by the parties and enter an order either granting or
denying the motion. If the motion is granted, the opposing party shall be
permitted to present rebuttal evidence. As a matter of policy, the commission
is opposed to the submission of additional evidence except when it furthers the
interests of justice. Therefore, all available evidence shall be introduced at
the hearing before the administrative law judge.
(3) Petitions and Briefs.
(A) A petitioner shall state specifically in
the petition the reason the petitioner believes the decision of the Division of
Workers' Compensation on the controlling issues is not properly supported. It
shall not be sufficient merely to state that the decision of the Division of
Workers' Compensation on any particular issue is not supported by the competent
and substantial evidence.
(B) If
the petitioner desires to file a brief in support of the petition, the request
to file a brief shall be stated in the petition. When briefing is requested,
the commission secretary will provide, via written correspondence to all
parties, a briefing schedule after the transcript is prepared by the Division
of Workers' Compensation. Unless a modified briefing schedule is ordered by the
commission, the petitioner's brief will be due thirty (30) days from the date
of the commission secretary's correspondence, and respondent briefs will be due
fifteen (15) days from the date of the commission secretary's letter
acknowledging the commission's receipt of the petitioner's brief. The
commission shall have discretion, after notice to the parties, to extend or
accelerate the briefing schedule.
(4) Answers and Briefs.
(A) The opposing party (known as the
respondent) may file an answer to the petition concisely addressing each of the
contentions set forth in the petition. The answer shall be filed within ten
(10) days from the date of the commission's correspondence acknowledging the
filing of the petition. The commission shall have discretion to extend the time
for filing an answer.
(B) If the
petitioner does not include a request to file briefs in the petition and the
respondent desires to file a brief, that request shall be included in the
answer. If the petitioner requested a briefing schedule, but failed to timely
file a brief, the respondent may file a brief within fifteen (15) days after
the date that the petitioner's brief was due.
(5) Briefs-Typewritten. Briefs filed in any
case pending before the commission shall be typewritten. The original shall be
filed with the commission and a copy served upon the opposing party.
(6) Oral Argument. Oral argument may be
ordered by the commission upon its own motion or upon a request set forth in a
petition for review or answer. Untimely requests for leave to present oral
argument shall not be entertained nor will any request to present oral argument
in lieu of a brief be allowed.
*Original authority: 286.060, RSMo 1945, amended 1947,
1980, 1995.
