Workers' Compensation Hearings for Failure to Cooperate or Lack of Diligent Pursuit
A judge may approve a reemployment plan when an injured worker claims permanent total disability. When the judge approves a plan, the employer/insurer is obligated to diligently pursue the reemployment plan. The injured worker is obligated to fully cooperate. If disputes arise over failure to diligently pursue or failure to cooperate, either the employer/insurer or injured worker may file an application for a hearing to force the other side's compliance.
Applications for a hearing alleging lack of cooperation by the injured worker with a reemployment plan are filed by the employer/insurer. Applications for a hearing alleging lack of diligent pursuit by the employer/insurer with a reemployment plan are filed by the injured worker.
Once a completed hearing application is filed, a hearing is scheduled no more than 30 days from the date of filing. The expedited hearing process must be completed within 45 days of filing. Because of the short time between application and hearing, formal discovery procedures cannot be used. Instead, information is exchanged between the parties through mandatory disclosures.
- Application for Hearing for Failure to Cooperate or Lack of Diligent Pursuit
- Administrative Rule (R602-5) defining "Cooperation" and "Diligent Pursuit"
- Hearing Procedural Rule (R602-5) for Hearings Regarding "Cooperation" and "Diligent Pursuit"
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