(1)
Scheduling information. If no agreement is reached by the parties
as to the final disposition of an appeal, the industrial appeals judge
presiding at a settlement conference may direct that the appeal be assigned to
an industrial appeals judge for the purpose of scheduling and conducting a
hearing in the appeal. Any industrial appeals judge assigned to conduct
proceedings in an appeal, or his or her designee may elicit from the parties
such information as is necessary and helpful to the orderly scheduling of
hearing proceedings and as may aid in expediting the final disposition of the
appeal.
(2)
Prehearing
matters. At any proceeding a stipulation of facts may be obtained to
show the board's jurisdiction in the matter. In addition, agreement as to the
issues of law and fact presented and the simplification or limitation thereof
may be obtained. The industrial appeals judge may also determine:
(a) The necessity of amendments to the notice
of appeal or other pleadings;
(b)
the possibility of obtaining admissions of facts and authenticity of documents
which will avoid unnecessary proof;
(c) the admissibility of exhibits;
(d) a stipulation as to all or part of the
facts in the case;
(e) obtain
information as to the number of expert and lay witnesses expected to be called
by the parties and their names when possible, the place or places where
hearings will be required, the approximate time necessary for the presentation
of the evidence of the respective parties, and all other information which may
aid in the prompt disposition of the appeal;
(f) the limitation of the number of
witnesses;
(g) the need for
interpretive services;
(h) exchange
of medical and vocational reports and other relevant documents;
(i) receive and rule on motions pertaining to
prehearing discovery. These include motions by a party for a vocational
evaluation of a claimant which may be granted upon a showing of surprise which
ordinary prudence could not have guarded against or upon an equivalent showing
of circumstances constituting good cause and upon notice to all parties of the
time, place, manner, conditions, and scope of the evaluation and the person or
persons by whom it is to be made, provided that the industrial appeals judge
shall impose all conditions necessary to avoid delay and prejudice in the
timely completion of the appeal.
(3)
Record of results of
conferences. The results of any conferences shall be stated on the
record. The record may be a transcript of the proceeding, a judge's report of
proceedings, and/or written interlocutory order. The record shall include,
where applicable, agreements concerning issues, admissions, stipulations,
witnesses, time and location of hearings, the issues remaining to be
determined, and other matters that may expedite the hearing proceedings. The
statement of agreement and issues, and rulings of the industrial appeals judge,
shall control the subsequent course of the proceedings, subject to modification
by the industrial appeals judge or by interlocutory review pursuant to WAC
263-12-115(6).
(4)
Failure to supply
information. If any party fails to supply the information reasonably
necessary to schedule the hearing in a case, the board or the industrial
appeals judge may suspend setting a hearing pending receipt of the required
information, impose conditions upon the presentation of evidence by the
defaulting party as may be deemed appropriate, or take other appropriate action
as authorized by these rules and the law.
(5)
Admissibility of matters disclosed
at conference. If no agreement of the parties is reached resolving all
issues presented, no offers of settlement, admissions, or statements made by
any party shall be admissible at any subsequent proceeding unless they are
independently admissible therein.