19 Del. Admin. Code § 1331-25.0
Current through Register Vol. 28, No. 5, November 1, 2024
Section 1331-25.0 - Expedited Hearings Pursuant to 19 Del.C. Section 2348(g)25.1 If a claimant who is receiving no wages or benefits, or is out of work without income or substantial income, desires to have his/her petition heard at the earliest possible time he/she may file with the petition which, in addition to the benefits being sought also requests an expedited hearing, and shall be accompanied by the following: 25.1.1 A copy of the Department standard Pre-Trial Memorandum, filled out as completely as possible with regard to the Claimant's case.25.1.2 A copy of a medical report, hospital record, or similar documentation, which fairly describes the nature of claimant's injury and disability and the cause thereof; if such documentation is unavailable, or incomplete, claimant shall submit a supplementary statement describing, to the best of his/her knowledge and understanding, the nature of his/her injury and disability and the cause thereof.25.1.3 A statement identifying: (a) the name and address of employer's insurer, if known; and(b) the name of the person, if known, who denied the claimant and his/her office address and telephone number.25.2 Upon filing of a petition requesting an expedited hearing, it shall be reviewed for completeness by the Department. Unless substantially lacking in compliance with the requirements of 25.1, a copy of the Request and supporting papers shall promptly be sent by certified mail, return receipt requested, to the employer and its insurance carrier, if known, together with a copy of this Rule (or a summary of its requirements) and a notice as to the name and telephone number of the Department. If the filed petition does not fully comply with the requirements of 25.1, the Department may direct the claimant to submit further information or documentation before the petition will be sent to employer or its insurer, or the Department personnel may direct Claimant to submit the additional material directly to the employer, its insurer, and the Department.
25.3 Within five (5) business days after receipt of a petition requesting an expedited hearing, the employer or its insurer shall notify the Department writing delivered within the allowed time, the following: 25.3.1 Whether the request for expedited hearing is opposed and, if so, the reasons therefore:25.3.2 The name and address of the lawyer who will represent it.25.3.3 The name and address of each physician or other expert being engaged to examine or test claimant and the dates of appointments. If additional time for scheduling appointments is requested, the Department may, for good cause, allow up to ten (10) additional days for submission of this information, and shall notify claimant if this is done.25.3.4 Whether a formal pre-trial conference is requested.25.4 If a formal pre-trial conference is requested, it shall be scheduled as promptly as practicable. Otherwise, the Pre-Trial Memorandum shall be completed, served on claimant, and filed with the Department within ten (10) business days after the deadline for the response under section 25.3.1.25.5 As soon as it is determined that a case will have an Expedited Hearing, the Department shall confer with the parties to set a date and time for hearing. Should it appear to the Department that undue delay is threatened, due to difficulty in securing pertinent records or a timely appointment for examination or other cause, the Department may endeavor to resolve the cause for delay by direct communication with any person responsible, and both parties shall cooperate in supporting efforts to secure an early hearing date. As soon as the Department is satisfied that all responsible efforts to secure an early date have been completed, the Department shall schedule a hearing and notify both parties.19 Del. Admin. Code § 1331-25.0
1 DE Reg. 938 (1/1/98)
15 DE Reg. 854 (12/01/11)