8 CSR 20-8.010 - Review of Decisions Issued by the Division of Workers' Compensation in Tort Victims' Compensation Cases
(1) Review-Appeal. Any party to a case
involving tort victims' compensation may appeal the decision of the Division of
Workers' Compensation by filing a petition with the commission within thirty
(30) days following the date of notification or mailing of the decision, as
provided by section 537.690, RSMo. A form to be used
in making the petition has been promulgated by the commission and is available
upon request. The petitioner need not use the promulgated form provided the
petition sets forth information in regard to the case, and the decision which
is sought to be reviewed and the reason for making the petition. The petition
shall be signed by the petitioner or the petitioner's attorney.
(2) Additional Evidence.
(A) After a petition has been filed with the
commission, any interested party may file a motion to submit additional
evidence to the commission. The hearing of additional evidence by the
commission shall not be granted except upon the ground of newly discovered
evidence which could not have been produced with reasonable diligence at the
hearing before the Division of Workers' Compensation. Tender of merely
cumulative evidence does not constitute a valid ground for the admission of
additional evidence by the commission. The motion to submit additional evidence
shall set out specifically and in detail-
1.
Nature and substance of the newly discovered evidence;
2. Names of witnesses to be
produced;
3. Nature of the exhibits
to be introduced; and
4. Full and
accurate statement of the reason the testimony or exhibits reasonably could not
have been discovered or produced at the hearing before the Division of Workers'
Compensation.
(B) The
commission shall consider the motion to submit additional evidence and any
response of the opposing party without oral argument by the parties and enter
an order either granting or denying the motion. If the motion is granted, the
opposing party shall be permitted to present rebuttal evidence. As a matter of
policy, the commission is opposed to the submission of additional evidence
except when it furthers the interests of justice. Therefore, all available
evidence shall be introduced at the hearing before the administrative law
judge.
(3) Petitions and
Briefs.
(A) A petitioner shall state
specifically in the petition the reason the petitioner believes the decision of
the Division of Workers' Compensation on the controlling issues is not properly
supported. It shall not be sufficient merely to state that the decision of the
Division of Workers' Compensation on any particular issue is not supported by
the competent and substantial evidence.
(B) If the petitioner desires to file a brief
in support of the petition, the request to file a brief shall be stated in the
petition. When briefing is requested, the commission secretary will provide,
via written correspondence to all parties, a briefing schedule after the
transcript is prepared by the Division of Workers' Compensation. Unless a
modified briefing schedule is ordered by the commission, the petitioner's brief
will be due thirty (30) days from the date of the commission secretary's
correspondence, and respondent briefs will be due fifteen (15) days from the
date of the commission secretary's letter acknowledging the commission's
receipt of the petitioner's brief. The commission shall have discretion, after
notice to the parties, to extend or accelerate the briefing schedule.
(4) Answers and Briefs.
(A) The opposing party (known as the
respondent) may file an answer to the petition concisely addressing each of the
contentions set forth in the petition. The answer shall be filed within ten
(10) days from the date of the commission's correspondence acknowledging the
filing of the petition. The commission shall have discretion to extend the time
for filing an answer.
(B) If the
petitioner does not include a request to file briefs in the petition and the
respondent desires to file a brief, that request shall be included in the
answer. If the petitioner requested a briefing schedule, but failed to timely
file a brief, the respondent may file a brief within fifteen (15) days after
the date that the petitioner's brief was due.
(5) Briefs-Typewritten. Briefs filed in any
case pending before the commission shall be typewritten. The original shall be
filed with the commission and a copy served upon the opposing party.
(6) Oral Argument. Oral argument may be
ordered by the commission upon its own motion or upon a request set forth in a
petition for review or answer. Untimely requests for leave to present oral
argument shall not be entertained nor will any request to present oral argument
in lieu of a brief be allowed.
Notes
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