R602-2-5. Timeliness of Decisions

  A. Pursuant to Section 34A-2-801, the Commission adopts the following rule to ensure decisions on contested workers' compensation cases are issued in a timely and efficient manner.

  1. This rule applies to all workers' compensation adjudication cases and motions for review filed on or after July 1, 2013.

  B. Timeliness standards.

  1. The Adjudication Division will issue all interim decisions and all final decisions within 60 days of the date on which the matter is ready for decision unless the parties agree to a longer period of time or issuing a decision within 60 days is impracticable. The Division will maintain a record of those cases in which a decision is not issued within 60 days.

  2. The Commissioner or Appeals Board will issue all decisions on motions for review within 90 days of the date on which the motion for review is filed unless the parties agree to a longer period of time or issuing a decision within 90 days is impracticable. The Commission will maintain a record of those cases in which a decision is not issued within 90 days.

  C. Yearly Report

  1. The Commission shall annually provide to the Business and Labor Interim Committee a report that includes the following information:

  a. The number of cases for which an application for hearing was filed during the previous calendar year;

  b. The number of cases for which a Division decision was not issued within 60 days of the hearing;

  c. The number of cases for which a decision on a motion for review was not issued within 90 days of the date on which the motion for review was filed;

  d. The number of cases for which an application for hearing was filed during the previous year that resulted in a final Commission decision issued within 18 months of the filing date; and

  e. The number of cases for which an application for hearing was filed during the previous year that did not result in a final Commission issued within 18 months of the filing date and the reason such a decision was not issued.

  D. Commission decisions might not be issued within these timeframes if doing so is impracticable.

  1. For purposes of this rule, "impracticable" may include but is not limited to:

  a. Cases that are sent to a medical panel;

  b. Cases in which the hearing record is left open at the request of one or more of the parties or by order of the ALJ;

  c. Cases in which one or more parties file post-hearing motions or objections;

  d. Cases in which the parties request mediation or an extension of time to pursue settlement negotiations;

  e. Cases in which due process requires subsequent or additional adjudication;

  f. Cases in which a claimant is required to amend the application for hearing or in which a respondent is required to amend a response or answer; or

  e. Cases in which an appellate decision related to the pending case or a similar case may have bearing on the pending case.

  E. The Commission will receive the motion for review immediately after the motion is filed with the Adjudication Division.

  1. Preliminary evaluation: motions for review.

  a. Immediately upon transfer of a motion for review from the Adjudication Division to the Commission, staff will review the ALJ's decision and the motion for review. Responses will be reviewed as they are submitted. Based on that review, staff will prioritize cases for decision in the following order:

  i. Cases with statutory mandates to issue quick decisions, such as requests to eliminate or reduce temporary disability compensation.

  ii. Cases that require an immediate decision in order to allow the underlying adjudicative proceeding to proceed.

  iii. Cases that can be resolved without research or extensive decision-writing.

  iv. Cases that need to be decided in a timely manner by the Appeals Board in order to be completed within 90 days.

  b. If none of these factors are present, cases will be completed in the order they are received, with the oldest cases receiving priority.