DWC HEARING AND FILING PROCEDURES - AMENDED

DWC UPDATE CLARIFICATION REGARDING FILINGS AS OF APRIL 13, 2020

Please note that the filing procedures based on the DWC Newsline seem contradictory. At this time, our understanding is that filings must still be done via e-filing or by mail. The Board will not accept any in-person filings. This is consistent with the previous guidance issued on March 16, 2020, and remains our understanding until further clarification is issued by the board. 

The Division of Workers’ Compensation (DWC) has issued an important update regarding the modified hearing calendar and filing procedures as follows.  This is effective as of April 6, 2020 but may be changed as circumstances dictate.

Effective Immediately

  • DWC will accept electronic signatures for settlement documents, applications, pleadings, petitions, or motions that are mailed to district offices or filed in EAMS.

Hearing Procedures for April 6, 2020 to April 10, 2020

  • Status Conferences, Mandatory Settlement Conferences, and Priority Conferences will be heard via CourtCall only. Cases will be continued if all parties do not appear via CourtCall and the DWC will provide notice (this is a continuation of the procedure in place as of March 16, 2020).

  • Expedited Hearings will continue to be heard at district offices for parties that appear in person (it is not clear if this means that an expedited hearing will still go forward if one party does not appear, but it should be presumed to be the case).

  •  Trials and lien conferences will not be heard at this time.

  • All other hearings will be continued.

Filing Procedures for April 6, 2020 to April 10, 2020

  • District offices are closed for in-person filings and filing deadlines will be extended to April 13, 2020

  • DWC will not accepted walk-through documents, walk-in filings, or in-person requests.

  • Documents may continue to be filed online using the Electronic Management Adjudication System (EAMS) and the Board will accept mailed settlement documents and petitions.

Hearing Procedures Effective April 13, 2020 Until Further Notice

  • The DWC will hear Mandatory Settlement Conferences, Priority Conferences, Status Conferences, and all Expedited Hearings telephonically only via toll free conference lines to be assigned to individual judges.

  • Conference lines will be listed on the DWC website prior to April 13, 2020 and will be posted on the DWC’s website prior to that date (no specific date has yet been indicated).

  •  Trials and lien conferences will be continued until further notice.

  • There will be no in-person hearings at district offices.

Filing Procedures Effective April 13, 2020 Until Further Notice

  • DWC will reopen for filings.

  • DWC will only accept filings via EAMS e-filing, JET filing, or by mail.

  • DWC will not accept walk-in filings, walk-through documents, or in-person requests.

WHAT THIS MEANS FOR YOU

Until further notice, all trials and lien conferences will be continued. All other hearings will be conducted telephonically. Until April 13, 2020 those hearings will be conducted via CourtCall. After April 13, 2020 the DWC will implement an in-house system for telephonic hearings. GMK believes that this is an opportune time to try to settle cases.  It is recommended that contact be made with opposing counsel to commence settlement negotiations and that all cases be reviewed for settlement authority.

Please keep in mind that these new procedures may change as circumstances change.

 

Be safe, be well.

 

Goldman, Magdalin & Krikes, LLP

josh heislerWorkers' Compensation News