053-6 Wyo. Code R. §§ 6-1 - Referral for Hearing
(a) Upon receipt of
a request for hearing, the Division shall immediately transmit a copy of the
request and a notice of request for hearing to the Office of Administrative
Hearings (OAH) or Workers' Compensation Medical Commission as appropriate. For
purposes of judicial review of agency inaction under W.S. §
16-3-114(a), the Division is
deemed to have denied any timely, written request for a hearing pursuant to
W.S. §
27-14-601(k)(iv) when it has
failed to transmit a notice of request for hearing within 30 days after receipt
of the request.
(i) For purposes of referring
contested cases to the Workers' Compensation Medical Commission for hearing,
W.S. §
27-14-616(b)(iv), the phrase
"medically contested cases" shall include those cases in which the primary
issue is:
(A) a claimant's percentage of
physical impairment;
(B) whether a
claimant is permanently totally disabled;
(C) whether a claimant who has been receiving
TTD benefits remains eligible for those benefits under W.S. §
27-14-404(c); or,
(D) any other issue, the resolution of which
is primarily dependent upon the evaluation of conflicting evidence as to
medical diagnosis, medical prognosis, or the reasonableness and appropriateness
of medical care.
Notes
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