Chapter 67

67-209. Computation of Time. A. The day of the event, after which a designated period of time begins, is excluded. The last day, of the designated time period, is included. B. Saturdays, Sundays, State, and Federal holidays are included unless the designated time period ends on a…

67-211. (2) If a hearing has been requested, any party added to the claim shall have 30 days from the date of service of the amended form to file a response. The hearing will not be held less than 30 days from the date the added party files and serves a response. Thereafter, a po…

67-213. Service of Orders, Hearing Notices, and Review Hearing Notices. A. The Commission serves orders electronically, by certified mail, return receipt requested or by deposit in the United States Postal Service, first class postage, addressed to the parties pursuant to R.67-21…

67-214. Subpoenas. A. A party may subpoena a person or document(s), by completing and serving a Form 27 as set forth in this section. B. When the party issuing the Form 27 is represented by an attorney, the attorney shall complete and sign the Form 27. C. A party not represented …

67-215. Motions. A. This regulation governs motions practice at all levels of proceedings before the Commission. A party may file a motion when a form is not applicable. The Commission will accept motions including, but not limited to, a motion (1) Relating to a subpoena or disco…

67-216. Guardian ad Litem, Appointment. A. When a minor or mentally incompetent person is a party, a Guardian ad Litem shall represent the minor or mentally incompetent. B. When a claim involves a fatality, a Guardian ad Litem shall represent the minor child or children. C. A Gua…

67-301. Posting Notice. A. All employers operating under the Act, whether by law or by election, shall post publicly and keep posted in their place of business a Form 2, Employer’s Notice of Being Subject to the Act. B. The notice shall state, substantially, the following: ‘‘We a…

67-401. Designation of Authorized Recipient of Service and Other Demands. A. Every workers’ compensation insurance carrier, self-insured employer, and self-insurance fund doing business in this State shall designate one address and one electronic address as the authorized recipie…

67-402. Corporate Officer Rejection of the Act. A. A corporate officer may reject the Act by taking the following action: (1) The corporate officer shall complete and file with the employer’s insurance carrier a Form 5, Corporate Officer Notice to Reject. (2) The effective date o…

67-403. Election to Adopt the Act. A. An employer adopts the Act by obtaining workers’ compensation insurance or by operating under an approved self-insurance program. B. When an employer exempt from the Act has with its employees elected to operate under the Act and has filed no…

67-404. Withdrawing from the Act. A. An employer who, having elected to come under the Act, being at that time exempt, is deemed to continue to operate under the Act until a Form 38, Notice of Withdrawal from the Act, is filed with the Commission’s Coverage and Compliance Departm…

67-409. Duplicate or Dual Insurance Coverage. A. When duplicate or dual coverage exists by reason of two different insurance carriers issuing two policies to the same employer securing the same liability, the Commission shall presume the policy with the later effective date is in…

67-411. Employer’s Report of Injury, Form 12A. A. Each employer shall keep a record of all injuries, fatal or otherwise, received by its employees in the course of their employment. (1) The record must be made on the Form 12A and retained or filed according to section B below. (2…

67-412. Employer’s Report of Injury, Form 12M. A. The employer’s representative shall report to the Commission injuries reported by the employer pursuant to R.67-411C(1). B. This report shall be made in accordance with R.67-416 within ten days of closing by the employer’s represe…

67-413. Periodic Report. A. The employer’s representative shall file a Form 18, Periodic Report, or the EDI equivalent Sub Annual (SA), as follows: (1) Six months after the alleged date of injury and each six months thereafter until the Commission’s file is closed; and (2) At the…

67-414. Status Report and Compensation Receipt. A. After payment of all compensation the employer’s representative shall file with the Commission’s Claims Department a Form 19, Status Report and Compensation Receipt, as provided in Section C below. If an individual claim file has…

67-415. Documentation of Insurance. A. For purposes of Section 42-1-415, either of the following is acceptable as documentation of insurance: (1) The declaration page of a standard workers’ compensation policy, as issued by the insurance carrier for the insured, serves as documen…

67-416. Electronic Data Interface. A. All insurance carriers, third party administrators, self-insureds, self-insured funds, and the State Accident Fund reporting coverage, accident, and claims information to the Commission shall report such information using electronic interchan…

67-417. Examination of Claim Files. A. As part of the claims review process, the Commission may conduct on-site examinations of all records relating to injuries, fatal or otherwise, sustained in the course and scope of an employee’s employment. B. Insurance carriers, self-insured…

67-502. Words and Phrases, Defined. A. Day of incapacity: The day of the injury is the first day of incapacity unless the injured person receives full pay for the day. In that event, the first day of incapacity is the day following receipt of full pay from the employer. B. Disabi…

67-503. Payment of Temporary Total and Temporary Partial Compensation. A. Medical, surgical, hospital, and other treatment including medical and surgical supplies are allowed from the first day of injury. (1) Temporary total or temporary partial compensation is incurred on the ei…

67-504. Terminating Payment of Temporary Total or Temporary Partial Compensation During the First One Hundred Fifty Days After Employer’s Notice of the Accident. A. The employer’s representative may terminate or suspend temporary compensation during the first one hundred fifty da…

67-505. Suspending Temporary Compensation after the First One Hundred Fifty Days after the Employer’s Notice of the Injury. A. After the one hundred fifty day period, the employer’s representative shall not suspend or terminate temporary compensation except as provided in this re…

67-506. Terminating Temporary Compensation after the First One Hundred Fifty Days after the Employer’s Notice of the Injury. A. After the one hundred fifty day period, the employer’s representative shall not suspend or terminate temporary compensation except as provided in this r…

67-509. Medical Treatment While Receiving Temporary Compensation Benefits. A. The employer’s representative chooses an authorized health care provider and pays for authorized treatment. B. The claimant should contact the employer’s representative with questions about medical care…

67-601. Hearings, Generally. A. The Commission may, on its own motion, order a hearing. B. The Commission will not set a hearing until a conflict arises. 67-602. Hearings, Required Information. A. The Commission’s file must contain all required forms and medical reports filed acc…

67-603. Employer’s Answer to a Request for Hearing, Time for Filing and Service. A. The employer’s representative shall respond to a Form 50 by preparing a Form 51 and respond to a Form 52 by preparing a Form 53. B. The employer’s attorney shall fully state its position and defen…

67-604. General Denial to Employer’s Request for Hearing. A. Except when the employer is seeking permission to pay compensation as provided by R.67-208B, each allegation made in a Form 21 is deemed denied. B. The claimant may, but is not required to, file a response to the Form 2…

67-605. Second Injury Fund’s Answer to a Request for Hearing, Time for Filing and Service. A. The attorney for the Second Injury Fund shall file and serve a Form 55, Answer of the Second Injury Fund to Employer’s Request for Hearing, as provided below. B. File the Form 55 and pro…

67-606. Employee’s Wage Determination. A. The average weekly wage and compensation rate is an issue for determination at the hearing unless stipulated by the parties. B. The employer’s representative shall prepare, file, and serve a Form 20 according to R.67-1603. HISTORY: Amende…

67-607. Hearing Notice. A. Each party is afforded at least thirty days notice of a hearing. B. The Commission issues a hearing notice to the parties which includes the date, place, time, and purpose of the hearing. C. Hearing notices may be issued electronically. HISTORY: Amended…

67-608. Failure to Appear at a Hearing. A. The Commission may issue an order assessing a fine of up to one hundred dollars against a party who properly served a hearing notice fails to appear at a scheduled hearing. B. The party has the right to review and appeal as in other case…

67-609. Withdrawing a Request for Hearing. A. A claimant may withdraw a Form 50 or Form 52 once as a matter of right with leave to renew. (1) A Form 50 or Form 52 may be withdrawn by writing the Commission’s Judicial Department, if a hearing notice has not been issued, or, the Co…

67-610. Amending Pleadings and Adding or Removing a Party. A. Amendments Generally: After a Form 21, 50, 51, 52 or 53 is filed with the Commission, an ‘‘Amended’’ Form 21, 50, 51, 52 or 53 may be filed to indicate a change in the nature of the claim, responsible parties, relief r…

67-611. Pre-hearing Brief. A. A claimant who is not represented by an attorney is not required to file a Form 58, Pre-hearing Brief. (1) If the claimant elects to file a Form 58, the claimant must mail the Form 58 to the Commissioner’s office identified on the hearing notice. (2)…

67-612. Admission of Expert’s Report as Evidence. A. This regulation does not apply to the Form 14A filed according to R. 67-1301, nor shall this regulation be construed to limit a party’s right to call a witness (lay or expert) or present evidence (lay or expert) in the form of …

67-613. Postponement or Adjournment of the Scheduled Hearing. A. Each party shall arrange and present all evidence at the hearing. Testimony of a necessary witness unable to appear at the hearing may be presented by deposition. B. A commissioner may postpone a hearing for good ca…

67-614. Hearing Costs. A. A Commissioner may issue an order assessing the actual cost of a hearing as established by the Commission if the Commissioner determines that the hearing has been brought, prosecuted, or defended on unreasonable grounds. B. The party assessed has the rig…

67-701. Requesting Commission Review of the Hearing Commissioner’s Decision. A. Either party or both may request Commission review of the Hearing Commissioner’s decision by filing the original and three copies of a Form 30, Request for Commission Review, with the Commission’s Jud…

67-702. Filing Fee. A. The appellant shall attach to the Form 30 the filing fee required by the Act. B. If a party is representing himself or herself and is unable to pay the filing fee, the party must file the Form 30 within fourteen days of receipt of the Commission’s order. Th…

67-705. Briefs, Filing and Service. A. On each case appealed to the Commission for review, the appellant shall file a brief that includes a statement of the case, questions presented, argument, and conclusion. B. The appellant shall file the brief and proof of service on the oppo…

67-706. Oral Argument. A. Each party is permitted ten minutes for oral argument. The appellant is permitted three minutes for reply. B. If both parties have appealed, each party is permitted ten minutes for oral argument, and each party is permitted three minutes for reply. C. A …

67-708. Postponement. A. A review hearing may be postponed for the reasons in R.67-613. B. Either party may contact the Commission’s Judicial Department to request postponement. A case may be postponed administratively. C. When the appellant has caused postponement of a review he…

67-710. Settlement of a Claim Pending Review. A. If the parties settle a claim after filing a Form 30, the appellant shall immediately notify the Commission’s Judicial Department in writing. B. The Judicial Department will remove the case from the review hearing docket or notify …

67-712. Requesting Higher Court Review. A. The appellant shall notify the Judicial Department of any and all subsequent appeals. B. The prevailing party shall provide the Judicial Department with a copy of any orders issued by the courts on appeal. The prevailing party shall also…

67-802. Settlement, Form 16, Form 16A. A. If the parties agree to the terms of a Form 16 or Form 16A, the employer’s representative shall complete a Form 16 or Form 16A by recording the claimant’s compensation rate; the percent of disability agreed upon disfigurement, if any; and…

67-803. Settlement by Agreement and Final Release. A. If the parties agree to the terms of a settlement by entering into an Agreement and Final Release, the document shall include the following: (1) The caption of the claim; (2) A statement of the facts at issue; (3) The date and…

67-804. Informal Conference. A. Appearances at Informal Conferences. (1) A claims mediator may appear on behalf of a Commissioner at an informal conference when the purpose of the informal conference is to: (a) review a proposed Form 16 or Form 16A settlement when the total amoun…

67-805. Third Party Settlements. A. The distribution of third party settlement proceeds must be filed with the Commission unless otherwise directed by a court of competent jurisdiction. B. File the settlement documents with the Claims Department. C. If the parties agree, third pa…

67-901. Notification that a Fatality has Occurred, Required. A. The employer’s representative must state on the Form 12A a fatality has occurred. B. If after a Form 12A is filed the claimant dies, the employer’s representative must notify the Commission’s Claims Department by let…