Wyoming Administrative Code
Agency 053 - Workforce Services, Department of
Sub-Agency 0021 - Workers' Compensation Division
Chapter 6 - CONTESTED CASE PROCEEDINGS
Section 6-1 - Referral for Hearing
Universal Citation: WY Code of Rules 6-1
Current through September 21, 2024
(a) Upon receipt of a request for hearing, the Division shall immediately transmit a copy of the request and a notice of request for hearing to the Office of Administrative Hearings (OAH) or Workers' Compensation Medical Commission as appropriate. For purposes of judicial review of agency inaction under W.S. § 16-3-114(a), the Division is deemed to have denied any timely, written request for a hearing pursuant to W.S. § 27-14-601(k)(iv) when it has failed to transmit a notice of request for hearing within 30 days after receipt of the request.
(i) For purposes of referring
contested cases to the Workers' Compensation Medical Commission for hearing,
W.S. §
27-14-616(b)(iv), the phrase
"medically contested cases" shall include those cases in which the primary
issue is:
(A) a claimant's percentage of
physical impairment;
(B) whether a
claimant is permanently totally disabled;
(C) whether a claimant who has been receiving
TTD benefits remains eligible for those benefits under W.S. §
27-14-404(c); or,
(D) any other issue, the resolution of which
is primarily dependent upon the evaluation of conflicting evidence as to
medical diagnosis, medical prognosis, or the reasonableness and appropriateness
of medical care.
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