MMR

Guide to Virginia Workers’ Compensation Law

Issue link: http://www.e-digitaleditions.com/i/83215

Contents of this Issue

Navigation

Page 51 of 60

XIV. Adjudication of Claims A. Procedure Every hearing at the Commission is prompted by some filing, whether a Claim for Benefits, an Employer's Application for Hearing, or a Change in Condition Application. B. Discovery The Commission's Rules allow several types of discovery, including Interrogatories, Requests for Production of Documents, Requests for Admissions, and depositions. Any party can serve discovery on the other, and there is a limited amount of time allowed for a reply. Failure to timely or fully reply can prompt a Motion to Compel, and a failure to comply with an Order granting such Motion may result in either striking the defenses of, or dismissing a Claim/Application filed by, the non- cooperating party. C. Hearing Procedures 1. On-the-Record Hearings On-the-Record Hearings are the most informal means of litigation at the Commission. The parties receive a Notice that they may submit statements of their position and evidence in response. No live testimony is heard. This sort of proceeding is most often used for medical questions, permanent partial disability claims, returns to work, releases to pre-injury work, and cases where live testimony is not relevant or where there is no factual dispute. 2. Evidentiary Hearings The majority of cases are set for evidentiary hearings. The parties are called before a Deputy Commissioner and put on a case similar to a proceeding in a civil court. 3. Expedited Hearings The Commission also has a procedure for allowing an expedited hearing in limited situations. Upon receiving notice that an expedited hearing has been requested, we encourage you to retain counsel immediately to ensure you do not miss the opportunity to object to an expedited proceeding. Such proceedings severely limit the time allowed for discovery, and place defendants at a disadvantage in preparing their cases.

Articles in this issue

view archives of MMR - Guide to Virginia Workers’ Compensation Law