A.
Definitions.
1. "Application" means an
Application for Hearing for Termination or Reduction of Compensation
(Adjudication Form 402), all supporting documents, proof of service and Notice
of Request for Termination or Reduction of Compensation (Adjudication Form 404)
which together constitute the request for agency action regarding termination
or reduction of benefits pursuant to Section
34A-2-410.5.
2. "Supporting medical documentation" means
any medical provider's report or treatment note that addresses the employee's
medical condition or functional restrictions.
3. "Supporting documents" means supporting
medical documentation. Persons with Knowledge List (Adjudication Form 403), any
documents related to reasons for the requested termination or reduction, and
any documents describing the employee's work duties.
4. "Proof of Service" means any of the
following:
1) the employee's signed and dated
acceptance of service of the Application and all supporting documents;
2) a certificate of service of the
Application and all supporting documents signed by the employer or insurer's
counsel and accompanied by a return receipt signed by the employee; or
3) a return of service showing
personal service of the Application and all supporting documents on the
employee according to Utah Rule of Civil Procedure 4(d)(1).
5. "persons with Knowledge List"
(Adjudication Form 403) means a party's list of all persons who have material
knowledge regarding the reasons for the request to terminate or reduce
compensation. The list must specify the full name of the person, a summary of
the knowledge possessed by the person, and a statement whether the party will
produce the person as a witness at hearing.
6. "Notice of Request for Termination or
Reduction of Compensation" means Adjudication Form 404.
7. "Petitioner" means the employer who has
filed an Application for Hearing.
8. "Respondent" means the employee against
whom the Application for Hearing was filed.
B. Application for Hearing.
1. An employer may request Commission
approval to terminate or reduce an employee's temporary disability compensation
under section
34A-2-410.5
by filing an Application with the Commission' Adjudication Division.
2. An Application is not deemed filed with
the Division until the employer submits a completed Application with all
required documentation.
C. Discovery.
1. At least 15 days prior to a hearing on an
Application, each party shall mail or otherwise serve on the opposing party a
list of all witnesses that party will produce at the hearing. Because it is
presumed that the employee will appear at the hearing, the employee is not
required to list himself or herself on the list. The employer will also mail to
or otherwise serve on the employee a copy of all exhibits the employer intends
to submit at the hearing.
2.
Testimony of witnesses and exhibits not disclosed as required by this Rule
shall not be admitted into evidence at the hearing. A party's failure to
subpoena or otherwise produce an individual previously identified by that party
as an intended witness may give rise to an inference that the individual's
testimony would have been adverse to the party failing to produce the
witness.
3. Other than disclosures
required by this rule and voluntary exchanges of information, the parties may
not engage in any other discovery procedures.
4. Subpoenas may be used only to compel
attendance of witnesses at hearing, and not for obtaining documents or
compelling attendance at depositions. All subpoenas shall be signed by an
administrative law judge.
D. Defaults and Motions.
1. Defaults in proceedings under Section
34A-2-410.5
shall only be issued at the time of hearing based on nonattendance of a party
at the hearing.
2. Motions will
only be considered at the time of hearing.
E. Hearings.
1. Scheduling and Notice.
A hearing will be held within 30 days after an Application is
filed with the Commission's Adjudication Division. The Division will send
notice of hearings to the addresses of the employer and employee set forth on
the Application. A party must immediately notify the Division of any change or
correction of the addresses listed on the Application. The Division will also
mail notice to the address of any party's attorney as disclosed on the
Application or by an Appearance of counsel filed with the Division. Notice by
the Division to a party's attorney is considered notice to the party
itself.
2. Hearings.
Each hearing pursuant to section
34A-2-410.5
shall be conducted by an administrative law judge as a formal evidentiary
hearing. The evidentiary record shall be deemed closed at the conclusion of the
hearing, and no additional evidence will be accepted thereafter. After hearing,
the administrative law judge shall issue a decision within 45 days from the
date the Application was filed.
F. Motions for Review.
Commission review of an administrative law judge's decision
is subject to the provisions of section
63G-4-301,
section 34A-1-1-303, and
R602-2-1(M).
