§85A-71. Notice - Investigation and hearing - Evidence and
651 words·~3 min read·
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construction.
A. Notice. Within ten
(10)days after a claim for compensation has been filed, the Workers' Compensation Commission shall notify the employer and any other interested person of the filing of the claim.
B. Hearing.
1. The Commission shall assign the claim to an administrative law judge who shall hold a hearing on application of any interested party, or on its own motion.
2. An application for a hearing shall clearly set forth the specific issues of fact or law in controversy and the contentions of the party applying for the hearing.
3. If any party is not represented by a lawyer, the administrative law judge shall define the issues to be heard.
4. If a hearing on the claim is ordered, the administrative law judge shall give the claimant and other interested parties ten
(10)days' notice of the hearing served personally on the claimant and other parties, or by registered mail, facsimile, electronic mail or
by other electronic means with receipt of confirmation. The hearing may be held in any county of this state, as determined by the Commission. No hearing or trial shall be continued absent extraordinary circumstances as determined by the Commission.
5. The award, together with the statement of the findings of fact and other matters pertinent to the issues, shall be filed with the record of the proceedings, and a copy of the award shall immediately be sent to the parties in or to counsels of record, if any.
C. Evidence and Construction.
1. a. At the hearing the claimant and the employer may each
present evidence relating to the claim. Evidence may
be presented by any person authorized in writing for
such purpose. The evidence may include verified
medical reports which shall be accorded such weight as
may be warranted when considering all evidence in the
case.
b. Any determination of the existence or extent of
physical impairment shall be supported by objective
and measurable physical or mental findings.
2. When deciding any issue, administrative law judges and the Commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of the evidence.
3. Administrative law judges, the Commission, and any reviewing courts shall strictly construe the provisions of this act.
4. In determining whether a party has met the burden of proof on an issue, administrative law judges and the Commission shall weigh the evidence impartially and without giving the benefit of the doubt to any party.
D. Judgment. The judgment denying the claim or making the award shall be filed in the office of the Commission, and a copy shall be sent by registered mail, facsimile, electronic mail or by other means with receipt of confirmation to the claimant and to the employer or to their attorneys.
E. No compensation for disability of an injured employee shall be payable for any period beyond his or her death; provided, however, if an injured employee is awarded compensation for permanent partial disability by final order and then dies, a revivor action may be brought by the injured employee's spouse, minor child or children under a disability as defined by Section 67 of this title, but limited to the number of weeks of disability awarded to the injured employee minus the number of weeks of benefits paid for the permanent partial disability to the injured worker at the time of the death of the injured employee.
An award of compensation for permanent partial disability may be made after the death of the injured employee. Such revivor action may be brought only by the
injured employee's spouse, minor child or children under a disability as defined by Section 67 of this title. Added by Laws 2013, c. 208, § 71, eff. Feb. 1, 2014. Amended by Laws 2019, c. 476, § 28, emerg. eff. May 28, 2019.