Current through all regulations passed and filed through December 16, 2024
(A) Evidence and discovery.
(1) In every instance the evidence shall be
of sufficient quantum and probative value to establish the jurisdiction of the
commission to consider the claim and determine the rights of the injured worker
to an award. Evidence may be presented by affidavit, deposition, oral
testimony, written statement, document, or other forms of evidence.
(a) The parties or their representatives
shall provide to each other, as soon as available and prior to hearing, a copy
of the evidence the parties intend to submit at a commission
proceeding.
(b) In the event a
party fails to comply with paragraph (A)(1)(a) of this rule, the hearing
officer has the discretion to continue the claim to the end of the hearing
docket, or to a future date with instructions to the parties or their
representatives to comply with the rule.
(2) The free pre-hearing exchange of
information relevant to a claim is encouraged to facilitate thorough and
adequate preparation for commission proceedings. If a dispute arises between
the parties regarding the exchange of information, the hearing administrator,
pursuant to paragraph (B) of this rule may conduct a pre-hearing conference to
consider the dispute. At the conclusion of the prehearing conference, the
hearing administrator may issue a compliance letter, which becomes part of the
claim file and which shall be adhered to by the parties.
(3) The injured worker must provide, when
requested, a current signed medical release as required by division (B) of
section 4123.651 of the Revised Code.
Should an injured worker refuse to provide a current signed medical release as
requested, then the claim shall be referred to the hearing administrator so
that an order suspending the claim may be placed pursuant to division (C) of
section 4123.651 of the Revised Code.
Medical releases are to be executed on forms provided by the bureau of workers'
compensation, the commission, or on substantially similar forms.
(4)
(a)
When the injured worker has provided a current signed medical release as
required by division (B) of section
4123.651 of the Revised Code,
upon written request made by the employer, the injured worker shall provide a
list of the medical providers that the injured worker is authorizing to release
medical records that have examined or treated the injured worker for any
medical, psychological and/or psychiatric conditions that are related causally
or historically to the physical or psychological and/or psychiatric injuries
relevant to the injured worker's claim. The medical records released to the
employer pursuant to a signed medical release shall be treated as confidential
medical records by the employer and the employer's authorized
representatives.
(b) Should the
injured worker make the assertion that the employer's request to provide a list
of medical providers pursuant to paragraph (A)(4)(a) of this rule is
unreasonable or not in compliance with paragraph (A)(4)(a) of this rule, the
injured worker shall within three days of making the assertion provide the
hearing administrator and the employer, or in claims where the employer is
represented, the employer's representative, notice of the assertion. The notice
of assertion shall set forth the reasons for the assertion that the request to
provide a list of medical providers is unreasonable or not in compliance with
paragraph (A)(4)(a) of this rule. Upon receipt of such notification, the
hearing administrator shall determine whether there is good cause for the
injured worker's refusal to provide a list of medical providers to the employer
who have examined or treated the injured worker for any medical, psychological
and/or psychiatric conditions that are related causally or historically to the
physical and/or psychiatric conditions relevant to the injured worker's claim
and the hearing administrator shall issue a compliance letter on whether there
was good cause for the refusal to provide a list of medical providers to the
employer. A party dissatisfied with the compliance letter issued under
paragraph (A)(4)(a) of this rule may file an objection within fourteen days of
receipt of the compliance letter. If a party files a timely objection to a
compliance letter issued under paragraph (A)(4)(a) of this rule, an expedited
hearing will be held by a staff hearing officer in five business days of the
commission's receipt of the objection.
(5) The commission may, at any point in the
processing of an application for benefits, require the injured worker to submit
to a physical examination or may refer a claim for investigation.
(6) The employer may require a medical
examination of the injured worker as provided in section
4123.651 of the Revised Code
under the following circumstances:
(a) In no
event will the injured worker be examined more than one time at the request of
the employer on any issue that is asserted by the injured worker or which is to
be considered by the commission, during the time that the specific matter
asserted or that is in controversy remains pending final adjudication before
the bureau or commission.
The exercise of this right of an examination shall not be
allowed to delay the timely payment of benefits or scheduled hearings nor be
used to cause undue hardship on the injured worker. The cost of any examination
initiated by employer shall be paid by the employer including any fee required
by the physician, and the payment of all of the injured worker's traveling and
meal expenses, in a manner and at the rates as established by the administrator
from time to time. If employed, the injured worker will also be compensated for
any loss of wages arising from the scheduling of an examination. All reasonable
expenses shall be paid by the employer immediately upon receipt of the billing,
and the employer shall provide the injured worker at the time that the employer
notifies the injured worker of the time and place of the examination with a
proper form to be completed by the injured worker for reimbursement of such
expenses. The employer shall reimburse the injured worker for lost wages within
thirty days of the submission of proof of lost wages.
The employer shall promptly inform the commission, as well as
the injured worker's representative, as to the time and place of the
examination, and the questions and information provided to the doctor. A copy
of the examination report shall be submitted to the commission and to the
injured worker's representative upon the employer's receipt of the report from
the doctor.
The procedure set forth in paragraph (A)(6)(a) of this rule
shall be applicable to claims where the date of injury or the date of
disability in occupational disease claims occur on or after August 22,
1986.
Emergency treatment does not constitute an employer's
examination for the purpose of this rule. Treatment by a physician whom the
employer has selected does not constitute an employer's examination for this
rule. However, if following an examination the physician whom the employer has
selected renders, at the request of the employer, an opinion as to causation,
extent of disability, or other medical opinion on a workers' compensation
matter that is asserted by the injured worker, or which is to be considered by
the commission, then that examination does constitute an examination for
purposes of this rule, and the employer would not be entitled to a second
examination on the same issue excepted as provided by this rule.
(b) If after a medical examination
of the injured worker under paragraph (A)(6)(a) of this rule on an issue that
remains in controversy and has not been finally adjudicated, an employer
asserts that an additional medical examination by a doctor of the employer's
choice is essential in the defense of the claim by the employer, the employer
shall promptly inform the injured worker, and in claims where the injured
worker is represented, the injured worker's representative as to the time and
place of the examination. Upon request by the injured worker, or the injured
worker's authorized representative in claims where the injured worker is
represented, the questions and information provided to the physician and the
reasoning for such additional examination shall be provided to the injured
worker or the injured worker's authorized representative in claims where the
injured worker is represented. A written request for such an examination shall
be submitted to the hearing administrator only in cases where there is a
dispute as to the request for additional examination. Written request for such
an examination in a claim which has been set for a hearing with notice must be
filed immediately upon the receipt of the notice or within such time as will be
adequate for notification of the parties of the continuance of the hearing. The
request shall state the date of the last examination of the injured worker by a
doctor of employer's choice on the question pending and the reasoning for such
additional examination.
Upon receipt of such written request of the employer, the
hearing administrator shall contact the parties to the claim and determine
whether the second medical examination is essential to the defense of the claim
by the employer. The hearing administrator will thereafter issue a compliance
letter advising the parties of whether the medical examination scheduled
pursuant to this section is permitted. A party dissatisfied with the compliance
letter issued under paragraph (A)(6) of this rule may file an objection within
fourteen days of receipt of the compliance letter. If a party files a timely
objection to a compliance letter issued under paragraph (A)(6) of this rule, an
expedited hearing will be held by a staff hearing officer in five business days
of the commission's receipt of the objection.
All reasonable expenses of such examination, including any
travel expense shall be paid by the employer within thirty days of the receipt
of the billing. Payment for traveling expenses shall not require an order of
the bureau or commission, unless there is a dispute. The employer shall provide
the injured worker with a proper form to be completed by the claimant for
reimbursement for traveling expenses. The employer shall reimburse the injured
worker for lost wages within thirty days of the submission of proof of lost
wages.
(7)
Representatives of the parties may not be present at the medical examination
conducted at the request of the commission under the provisions of Chapter
4121. or 4123. of the Revised Code, or at a medical examination conducted
pursuant to division (A) of section
4123.651 of the Revised Code.
Injured workers may have a relative present at such medical examinations if the
injured worker desires to have a relative present. Examinations should be
conducted with a chaperone present where appropriate. No person or party other
than a commission employee shall communicate with the physician examining or
reviewing on behalf of the commission. The preceding prohibition applies both
prior to and subsequent to the medical examination, other than to the injured
worker during the medical examination itself. Representatives of the parties
may not be present at the medical examination conducted by the treating or
consulting physician of the injured worker without the approval of the injured
worker or, in claims where the injured worker is represented, the injured
worker's authorized representative.
(a) If an
injured worker without good cause refuses to attend a medical examination
scheduled under paragraph (A)(6) of this rule, or refuses to provide or execute
a current signed medical release as required by section
4123.651 of the Revised Code,
the right to have the injured worker's claim for compensation or benefits
considered, if the claim is pending before the commission, the administrator or
district or staff hearing officer or to receive any payment of compensation or
benefits previously granted is suspended during the period of
refusal.
(b)
(i) The employer or the administrator
asserting the suspension in paragraph (A)(7)(a) of this rule shall, within
three business days of the assertion, provide the hearing administrator and the
injured worker or in claims where the injured worker is represented the injured
worker's representative notice of the assertion. The notice shall include the
reason for the assertion that there was not good cause shown for the refusal to
attend a medical examination scheduled under paragraph (A)(6) of this rule or
the refusal to provide or execute a current signed medical release as required
by section 4123.651 of the Revised Code.
Upon receipt of such notification, the hearing administrator shall contact the
parties to the claim and determine whether there is a dispute concerning the
asserted suspension. Promptly thereafter, a compliance letter shall be issued
as set forth in paragraphs (A)(7)(c) and (A)(7)(d) of this rule.
(ii) Should the injured worker make the
assertion that the medical examination scheduled pursuant to paragraph (A)(6)
of this rule is being used to cause undue hardship, the injured worker will
within three business days of making the assertion, provide the hearing
administrator and the employer, or in cases where the employer is represented,
the employer's representative, notice of the assertion. The notice shall set
forth the reason for the assertion.
(c) If it is found that there was good cause
for the refusal to attend a medical examination scheduled under paragraph
(A)(6) of this rule and/or for the refusal to provide or execute a current
signed medical release as requested under section
4123.651 of the Revised Code, a
compliance letter shall issue finding that the claim is not suspended. If the
compliance letter finds that payment of compensation or benefits was terminated
by the administrator or by self-insuring employer without having good cause for
the suspension, payments of compensation and/or benefits shall be made within
fourteen days of the compliance letter.
(d) If it is found that there was not good
cause for the refusal to attend a medical examination scheduled under paragraph
(A)(6) of this rule, and/or for the refusal to provide or execute a current
signed medical release as required by section
4123.651 of the Revised Code, a
compliance letter shall issue finding that the injured worker's right to have
the claim for compensation or benefits considered if the claim is pending
before the administrator, commission, or district or staff hearing officer, or
to receive any payment of compensation or benefits previously granted is
suspended during the period of refusal.
(e) A party that is dissatisfied with a
compliance letter issued under paragraph (A)(7)(c) or (A)(7)(d) of this rule
may file an objection within fourteen days of the receipt of the compliance
letter issued under paragraph (A)(7)(c) or (A)(7)(d) of this rule. If a party
files a timely written objection to the compliance letter that is issued under
paragraph (A)(7)(c) or (A)(7)(d) of this rule an expedited hearing will be held
by a staff hearing officer within three business days of the commission's
receipt of the objection.
(8) Procedure for obtaining the oral
deposition of, or submitting interrogatories to, an industrial commission or
bureau physician.
(a) A request to take the
oral deposition of or submit interrogatories to an industrial commission or
bureau physician who has examined an injured or disabled worker or reviewed the
claim file and issued an opinion shall be submitted in writing to the hearing
administrator within ten days from the receipt of the examining or reviewing
physician's report and the applicant shall simultaneously mail a copy of the
request to all parties, or if represented, to the representatives of the
parties.
(b) The request must set
out the reasons for the request and affirm that the applicant will pay all
costs of the deposition or interrogatories including the payment of a
reasonable fee, as defined below, to the physician and will furnish a copy of
the deposition or the interrogatory to the opposing party and to the
file.
(c) If the hearing
administrator finds that the request is a reasonable one, the hearing
administrator shall issue a compliance letter that will set forth the
responsibilities of the party that makes the request. The following items shall
be set forth in the compliance letter:
(i) A
statement of the responsibility of the party that requests the taking of
deposition or answering of interrogatories concerning payment to the commission
physician of a reasonable fee as established from time to time in the
commission's medical examination manual. Additionally, should a party cancel a
deposition within two days of the scheduled time, a minimum cancellation fee
will be charged as set by the industrial commission.
(ii) A statement of the responsibility of the
party that makes the request to provide written notice of the date and time of
the deposition to be provided by the requesting party to all opposing parties
and their representatives, the bureau of workers' compensation and the
industrial commission.
(iii) A
statement setting forth a date by which the transcript of the deposition or the
answers to the interrogatories is to be submitted to the industrial commission
for inclusion within the claim file folder and to be served upon opposing
parties.
(d) Except as
may be provided pursuant to paragraph (D) of rule
4121-3-15 of the Administrative
Code, when determining the reasonableness of the request for deposition or
interrogatories the hearing administrator shall consider whether the alleged
defect or potential problem raised by the applicant can be adequately addressed
or resolved by the claims examiner, hearing administrator, or hearing officer
through the adjudicatory process within the commission or the claims process
within the bureau of workers' compensation.
(e) The party seeking the deposition may
request that the hearing administrator issue a subpoena to secure the
attendance of the physician. If the hearing administrator issues a subpoena to
secure the attendance of the physician, the hearing administrator shall notify
the physician that is to be deposed to bring copies of existing office notes
and records concerning the medical examination or medical review to the
deposition.
If a witness who has been issued a subpoena fails to appear,
the hearing administrator shall certify this fact to the office of the attorney
general who shall take appropriate action to compel the witness to obey the
subpoena.
(f) The applicant
shall furnish the opposing party and the industrial commission with a copy of
the deposition or the completed interrogatories. The applicant shall also
furnish the industrial commission with proof of payment of the court reporter
and the physician.
(B) Prehearing conferences.
(1) At any time prior to the hearing the
hearing administrator may, for good cause, hold a prehearing conference to
consider matters that would tend to expedite the proceeding.
(2) At the conclusion of a prehearing
conference, the hearing administrator shall prepare a compliance letter listing
the subjects considered and the agreements reached at the prehearing
conference. The compliance letter shall be made part of the claim file to be
reviewed by the adjudicator and also be provided to the parties in attendance
at the pre-hearing conference. The parties must adhere to the provisions of the
compliance letter.
(3) A prehearing
conference may be held by telephone conference call or in person, as determined
by the hearing administrator.
(C) Hearings before the industrial
commission, its staff hearing officers, and the district hearing officers, and
the rendering of their decision.
(1) Contested
claims matters, disputed issues or claims, and appeals under section
4123.511 of the Revised Code
shall be set for hearing before the district hearing officers, staff hearing
officers or the industrial commission. Contested claim matters shall be
assigned to hearing officers through a system which ensures that each hearing
officer hears a representative sample of the issues under contest, dispute, or
appeal. Hearing officers shall review all claim files prior to
hearing.
(2) Notice of the date,
time and place of such hearings shall be given to the injured worker and the
employer, and their respective representatives of record by mail, and to the
administrator by inter-office mail, in advance of the hearing date. The mailing
of the notice, unless it is an emergency hearing, shall precede the hearing
date by a period of time which will reasonably afford the parties opportunity
to be present and participate in the hearing. This shall not be fewer than
fourteen days following the date of the mailing of the notice.
(3) Representation of injured workers and
employers before the bureau and the commission is a matter of individual free
choice. This includes hearings before the designated hearing officers. The
commission does not require representation nor does it prohibit it. No employee
of the commission shall in any way make statements tending to limit such free
choice. No one, other than an attorney at law, authorized to practice in the
state of Ohio, shall be permitted to represent injured workers for a fee before
the commission.
(4) If no
appearance is made at a hearing, with notice, the claim will be heard and
disposed of upon the evidence on file, if such proof is sufficient for that
purpose. If such evidence is insufficient, the hearing may be continued to a
specific date for the attendance of the parties or for the purpose of obtaining
additional evidence or for any other justifiable reason.
(5) At hearings with notice, consideration
shall be confined to the issues presented in the adjudication of the claim and
the parties shall be prepared to fully present their respective positions in
regard to such issues.
(6) In
claims where a hearing with notice is required, parties may waive notice of
hearing in writing, or by appearance and oral motion at the hearing, if such
waiver is presented in advance of the hearing.
(7) Hearing officers of the commission and
the commission itself, insofar as is practicable, may announce the decision on
the issues presented in the hearing at its conclusion. Upon announcement of the
decision or upon the hearing officer taking the issues under advisement, where
that is required, the hearing shall be concluded.
(8)
In person
hearings
with notice before
district hearing officers
and staff hearing officers on contested claims
matters, disputed issues or claims, and appeals from a decision of the
administrator shall be conducted in the industrial commission service office
that is closest to the injured worker's residence, unless all parties agree
that the hearing is to be held in another commission service office. Hearings
for out-of-state injured workers who live more than one hundred -fifty miles
from an industrial commission service office will be in Columbus, unless
otherwise determined by agreement of the parties. If within one hundred-fifty
miles, then the hearing will be at the nearest industrial commission service
office. Parties and representatives may attend a
hearing in person, by telephone, or through industrial commission authorized
web-based technology.
(9) Continuances.
(a)
(i)
Requests for continuances shall be addressed to the hearing administrator. The
party that requests a continuance must state the reason for the request. The
requesting party must also state that the other parties' representatives or, if
there is no representative, the opposing parties, have been informed prior to
filing the request with the commission that the request is being made and the
reason therefore. Requests for continuances shall be in writing except in
extraordinary circumstances where time does not permit a written request, and
should be submitted on the "request for continuance" form available from the
commission.
(ii) In the absence of
a hearing administrator, due to extended illness or vacancy, the regional
manager or the regional manager's designee shall be assigned the responsibility
placed on the hearing administrator for granting or denying requests for
continuances.
(b)
(i) If a representative of a party requests a
continuance, the representative shall certify that the representative has
informed representative's client of the time frames set forth within section
4123.511 of the Revised Code and
that representative's client has agreed to waive the time frames for hearing
and issuance of an order set forth in section
4123.511 of the Revised
Code.
(ii) Requests for continuance
filed more than five calendar days prior to the date of hearing shall be
processed by the hearing administrator, resulting in the issuance of a
compliance letter either granting or denying the requested continuance based on
the standard of good cause. Where a request for continuance is received within
five calendar days of the scheduled hearing, the hearing administrator shall
address the requested continuance based on the presence of extraordinary
circumstances that could not have been foreseen by the requesting party. Where
a request for continuance is granted and the parties had mutually agreed to the
continuance and the parties and/or their representatives have certified that
the parties have agreed to waive the time frames set forth within section
4123.511 of the Revised Code,
the case will not be identified as a claim that has not met the time limits set
forth within section 4123.511 of the Revised Code in
the reports required to be prepared pursuant to division (H)(2)(a) of section
4121.36 of the Revised
Code.
(iii) Guidelines may be
provided by the commission for hearing administrators and hearing officers in
determining whether the standard of good cause, or the standard of
extraordinary circumstances that could not have been foreseen, is
established.
(iv) If a request for
continuance is received on the day of the scheduled hearing, the adjudicator
assigned to hold the hearing shall publish an order either granting or denying
the request for continuance based on the presence of extraordinary
circumstances that could not have been foreseen by the requesting party. If the
adjudicator determines to grant the continuance, the order shall list the party
that requested the continuance and set forth the unforeseen extraordinary
circumstances that justify the continuance. If a request for continuance was
made through the hearing administrator, and it was found that the party making
the request had not met the requisite standard to grant the request for
continuance, similar reasons asserted at the hearing to justify the request
will not be found to be sufficient by the adjudicator. If the adjudicator
grants a request for continuance, the order shall be interlocutory in nature
and is not subject to appeal. Such claims shall remain subject to the reporting
provisions under division (H)(2)(a) of section
4121.36 of the Revised Code, as
well as the requirement of the timely hearing and issuance of an order under
section 4123.511 of the Revised
Code.
(v) If the adjudicator denies
the requested continuance, the hearing shall proceed on the merits and the
adjudicator shall reference in the order on the merits that the continuance was
denied along with the reasons therefore.
(c) No hearing will be continued for purposes
of discovery unless the requisite standard for granting the continuance has
been met and the requesting party demonstrates that it has exercised due
diligence in attempting to complete discovery prior to hearing.
(d) In cases where the hearing is to be
scheduled before the members of the industrial commission, requests for
continuances will be considered and determined by a majority of the members of
the industrial commission.
(10) All final decisions of the district
hearing officers, staff hearing officers, or commission upon hearing with
notice shall be reduced to writing and copies sent to the parties and to all
authorized representatives of record of each party, and to the administrator.
Copies of decisions shall be sent by regular U.S. mail, unless the party or the
party's authorized representative has opted not to receive decisions through
the mail and elected to receive decisions electronically. It will be a
rebuttable presumption that copies of decisions sent by the commission under
paragraph (C)(10) of this rule were sent on the mailed date listed on the
record of proceedings issued by the commission, both in claims where decisions
are mailed to the parties and to the party's representatives by regular U.S.
mail or where the record of proceedings is sent electronically to the parties
or to the authorized representatives of the parties that have elected to
receive copies of decisions electronically and opted not to receive decisions
by regular U.S. mail.
Written decisions, shall be signed by the adjudicator(s) who
conducted the hearing. When schedules or traveling do not permit a hearing
officer to sign his orders, another hearing officer will be designated to sign
the order. The designated signer should ensure that the order conforms to the
hearing worksheet of the hearing officer that made the decision. If a
designated signer has a question regarding the contents of the order, the order
must be returned to the hearing officer that made the decision prior to its
publication.
(11) All
hearings before a district hearing officer, staff hearing officer and the
industrial commission shall be public.
(12) The hearing administrator, hearing
officer, or industrial commission may compel the attendance or testimony of
witnesses on their own motion or at the request of any party.
(13) The assignment of a staff hearing
officer or district hearing officer to a hearing shall be made by the regional
manager.
(D) Final
decisions of the district hearing officer, staff hearing officer or the
industrial commission shall be in writing and shall include:
(1) Description of the part of the body and
the nature of the disability recognized in the claim.
(2) A concise statement of the order or
award.
(3) A notation as to the
notice furnished and as to the appearances of the parties.
(4) Signatures of each commissioner
participating in the hearing, shall be affixed to the original order verifying
each commissioner's vote.
(5)
Signatures of each hearing officer participating in the hearing shall be
affixed to the original order verifying the hearing officer's vote, which will
be made part of the claim file.
(E) All matters which at the request of one
of the parties or on the initiative of the administrator and any commissioner
are to be expedited, shall require at least forty-eight hours notice of a
public hearing and a statement of such order of the circumstances that
justified such expeditious hearing.
(F) All original memoranda, orders and
decisions of the commission shall be compiled in a journal to be made available
to the public with sufficient indexing to allow orderly review of documents.
The journal shall indicate the vote of each commissioner.
(G) All orders, rules, memoranda and
decisions of the commission shall contain the signature of two of the three
commissioners and shall state whether adopted at a meeting of the commission or
by circulation to individual commissioners. Any facsimile or secretarial
signature, initials of commissioners and delegated hearing officers and any
printed record of "yes" and "no" vote of a district or staff hearing officer,
or commission member is invalid.
(H) Claim inquiries.
(1) The industrial commission shall maintain
a public information section, which will be charged with the responsibility of
handling claim inquiries by or on behalf of injured workers, employers and
their respective representatives.
(2) Requests, whether in writing, in person,
or by telephone, concerning the status of a claim and/or any action necessary
to maintain the claim shall be directed to the public information
section.
(3) The public information
section shall promptly answer such request(s) or may refer the matter for
response to the office or section before which the matter is currently pending.
If the matter is so referred, the public information section shall follow-up
the inquiry to ensure that it has been expeditiously answered.
(4) Should the filing of a supplemental
application, affidavit or other form(s) be necessary, it shall be forwarded by
the office answering the inquiry.
(5) The public information section shall
maintain a record of all inquiries received in order that statistics be
developed to indicate problem areas and to serve as a basis for appropriate
measures.
(I) Processing
claims in an orderly, uniform and timely fashion.
(1) Each section of the industrial commission
shall perform the tasks necessary to discharge its responsibilities for the
processing of claims in accordance with the procedures adopted by such section
and approved by the industrial commission.
(2) The discharge of these responsibilities,
whether involving claims pertaining to state fund, self-insured or other
employers shall be accomplished within the reasonable time parameters as set
forth by the procedures of each section.
(3) It shall be the responsibility of the
regional manager and hearing administrator to monitor the performance of tasks
being carried on within their jurisdiction and to ensure that such assigned
tasks are being performed in an orderly, uniform and timely manner, as
established by the procedures of that section.
(4) Should it be determined that the assigned
tasks were not being performed according to the adopted procedures, it shall be
the responsibility of the regional manager and hearing administrator to adopt
such corrective measures as may be indicated under the circumstances.
(J) In the absence of the hearing
administrator, due to extended illness or vacancy, the regional manager or the
regional manager's designee shall assume the responsibilities placed on the
hearing administrator by this rule.
(K) Publication of a docket.
(1) The daily docket of each hearing room
shall be in writing and shall be posted in the lobbies adjacent to the hearing
rooms.
(2) The daily docket sheets
shall include:
(a) A notation as to the type
of docket that will be heard in the hearing room.
(b) A notation of the date, time, and place
of the scheduled hearings as well as the amount of time allotted for each
hearing.
(c) The claim number,
position control number, employer's risk number, and the representatives'
identification numbers.
(d) The
names of the employer, the employer's representative(s), and the injured
worker's representative(s).
(e) The
appeal and/or description of the request for action that is set for
hearing.
(f) Notice of the
continuance or cancellation of a hearing.
(3) The docket sheets shall not include the
name of the injured worker.