Division hearings, findings sent to parties and insurer
When a workers' comp dispute goes to a hearing, a judge listens to both sides and must give a written decision within 90 days. The hearing itself must finish within 30 days unless the case is very complicated. The decision gets sent to everyone involved. The workers' comp division also offers mediation — a less formal meeting where both sides try to settle the case before a full hearing. At that meeting, medical records can be reviewed. If either side asks, the person who ran the mediation cannot also be the judge at the later hearing.
287.460. s, findings sent to parties and — services, division to establish procedures, requirements. — 1. The division, through an , shall hear in a the parties at and their representatives and witnesses and shall determine the dispute by issuing the written within ninety days of the last day of the hearing. The hearing shall be concluded within thirty days of the date of of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitate a longer time than ninety days. All evidence introduced at any such hearings shall be reported by a competent reporter appointed by the division or be by . The award, together with a statement of the , and any other matters to the question at issue, shall be filed with the of s, and a copy of the award shall immediately be sent by electronic means or in the case of an unrepresented employee, by United States mail, to the parties in dispute and the employer's insurer.
2. The shall develop by procedures whereby mediation services are provided to the parties in a for whereby may be mediated by the parties at a when the division that a claim may be settled or upon for a mediation settlement conference filed by either .
3. The division may require the parties to produce at the all available medical records and reports. Such mediation conference shall be informal to the issues and attempt to resolve the claim or other pending issues. Such mediation conference may be set at any time prior to the commencement of the and nothing in this section shall be interpreted to delay the setting of the matter for hearing. Upon the request of any party, a person providing mediation settlement services shall be from conducting any evidentiary hearing relating to the claim without limiting the rights conferred by section 287.810.
(RSMo 1939 § 3729, A.L. 1945 p. 1996, A.L. 1953 p. 529, A.L. 1977 S.B. 400, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2012 H.B. 1540)
Prior revision: 1929 § 3339
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