Commissioners’ Top 10: Inside tips about hearings

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At the SCWCEA 35th Annual Medical Seminar, the South Carolina Workers’ Compensation Commissioners had an opportunity to share their top ten hearing requests and tips with attendees.  Here are a few that may be of use to you:

  1. When preparing Pre-Hearing Briefs, follow the Commissioner Specific Preferences.
  2. Avoid duplicate APA submissions.
  3. Commissioners Roche and James would like the APA submissions electronically submitted.
  4. Commissioner Taylor is in the process of transitioning to use of the electronic format as well.
  5. The SCWCC does not pay for the use of hearing sites.  Please be respectful of the space, and do not use rooms or resources that are not designated for use of the SCWCC.
  6. If you believe a party is going to be disruptive, please notify the SCWCC in advance so appropriate security measures may be taken.
  7. When preparing Orders, the party drafting of the Order should submit it to the other side for review 7-10 days in advance. When submitting it to the designated Commissioner, the drafting party needs to state whether the other party has had an opportunity to review the Order and if any revisions were requested.
  8. Hearings are being set very quickly.  Do not file a hearing request unless you are prepared to move forward.
  9. Be prepared for hearings, and point out to the Commissioner the important medical records, dates, and issues.
  10. If you anticipate a hearing will take more than 30-45 minutes, specify the length of time on the Form 58, and notify the designated Commissioner’s office in advance so the schedule may be modified accordingly.

Thank you to the SCWCEA for planning such an informative program.  We are looking forward to the Educational Conference in October!

Topics:  Administrative Hearings

Published In: Civil Procedure Updates, Worker’s Compensation Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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