Request For Expedited Hearing (Page 2 of 2) in pdf

REQUEST FOR EXPEDITED HEARING

INSTRUCTIONS:

The Commission processes all cases as quickly as possible, but under certain circumstances may grant an expedited

hearing only where an Award already has been entered by the Commission in favor of the injured worker. The

Commission decides whether to grant an expedited hearing on a case-by-case basis. The Commission considers a

number of different factors in making this determination.

You may be granted an expedited hearing if you establish each of the following:

You had an Award of compensation benefits that was suspended because the employer/insurer

filed an Employer’s Application for Hearing, or you have asked the employer/insurer for

additional wage loss benefits or medical treatment, and your request has been denied; and

Failure by the Commission to grant you an expedited hearing will cause you to suffer severe

economic hardship through loss of income or by incurring medical expenses as further explained

below.

Wage Loss Benefits

If you will suffer immediate and severe economic hardship because wage loss benefits were stopped or denied,

submit a list of all sources of income available to you, such as other wages, disability payments, investments,

spousal wages, or other types of family support. Submit the names and ages of dependents, if any, that you must

support. Submit documentation showing any imminent or threatened foreclosure or eviction actions due to your

inability to pay for housing. Additionally, submit documentation showing any imminent or threatened repossession

of personal vehicles that are necessary for continued employment or for medical treatment visits. Submit any other

documentation showing that your immediate ability to provide food, clothing and shelter will be threatened

without an expedited hearing.

Medical Expenses

In exceptional cases, the Commission may grant an expedited hearing to resolve a dispute about medical expenses.

The Commission may grant an expedited hearing to decide whether the employer/insurer is responsible for

emergency medical treatment recommended by your physician, but denied by the employer/insurer. You must

submit a doctor’s statement that the medical procedure is necessary as an emergency, and failure to have it will

result in immediate and severe deterioration of your physical or mental condition. The Commission may also grant

an expedited hearing where the employer/insurer denies responsibility for medical expenses you have already

incurred, and you establish that further treatment will be withheld if payment is not made and discontinuation of

treatment will threaten your life or result in immediate and severe deterioration of your physical or mental

condition. In all situations, you must submit a statement demonstrating the cost of these medical expenses, and a

declaration of your inability to pay for them.

Procedure

If your Request for Expedited Hearing is supported by appropriate evidence, it will be referred for further

processing. The employer/insurer will be advised of your Request, and will be allowed to respond. The parties will

then be contacted to arrange an informal conference to discuss and focus the issues, address the parties’ pre-hearing

concerns and determine whether the factual and legal issues of the dispute are appropriate for an expedited

proceeding. The Commission will decide to grant an expedited hearing during the conference, or in writing within

seven (7) days thereafter. If granted, you will receive a hearing no less than ten (10) days, nor more than twenty-

eight (28) days after the hearing is granted.

REQUEST FOR EXPEDITED HEARING

Request For Expedited Hearing Page 2