Commission Revises Hearing Officer Manual
Posted: October, 2012
The Industrial Commission revised five Hearing Officer Manual policies, effective September 10, 2012. The Hearing Officer Manual provides guidelines for Commission hearing officers to follow. The Commission revised:
- Memo C.3: Jurisdiction over MMI
For a hearing officer to consider MMI, temporary total must be at issue in the claim. Notice of temporary total as the issue at a hearing provides sufficient notice for a hearing officer to consider MMI.
- Memo C.4: Salary Continuation
Discusses different situations involving salary continuation and explains how hearing officers should handle them, including (1) wage agreements, (2) finding of temporary total disability and rate of payment, (3) termination of benefits/MMI; (4) waiting period for permanent partial disability; (5) application of Crabtree/Russell to salary continuation, and (6) VSSR awards.
- Memo M.5: Documentation Submitted By Physician Assistants, Advanced Practical Nurses, Certified Nurse Practitioners, and Clinical Nurse Specialists
Lists when the Commission will consider evidence submitted by physician assistants, advanced practical nurses, certified nurse practitioners, and clinical nurse specialists. The memo also indicates what use can be made of such evidence (regarding treatment, medication or payment of compensation).
- Memo R.2: Commission Hearings — Court Reporters
Parties who want to have a court reporter at a hearing must notify the hearing administrator seven days before the hearing. If they bring a court reporter without notice, the hearing officer will decide whether to proceed or reschedule the hearing. A party who brings a court reporter to a hearing must submit a copy of the transcript to the file.
- Memo R.7: Use of Audiovisiual Evidence
Provides that a party filing audiovisual evidence must also file a synopsis of the evidence and provide the synopsis to the other party (or their representative). If presentation of the evidence will require extra time, the party presenting the evidence must request additional time for the hearing. The Commission will attempt to make such evidence available on ICON, but the presenting party must make sure that it is actually available and must provide equipment to present the evidence at the hearing if the Commission cannot format the evidence for ICON.