| (a) This subsection applies to carriers, carrier representatives,
claimants represented by an attorney, and claimants assisted by the
Office of Injured Employee Counsel (OIEC). The parties shall work
collaboratively to reach any agreement reasonably necessary for the
efficient disposition of a case. Unless presented during a proceeding,
all requests to presiding officers, including rescheduling and continuance
requests, discovery requests, and other requests, must be in writing
and include a signed statement that the requester made reasonable
efforts to confer with the other party or parties about the request.
If the requester was unable to confer with the other party or parties,
the statement must summarize the efforts made to confer. If the parties
conferred, the statement must:
(1) include whether the other party or parties oppose
the request; and
(2) for a request to reschedule or continue a proceeding,
propose a date and time the parties are available for the rescheduled
proceeding that has been coordinated with the division's docketing
section.
(b) Requests must be sent to the division and to the
opposing party or parties. For claimants represented by an attorney,
requests must be sent to the claimant and the claimant's representative.
For claimants assisted by OIEC, requests must be sent to the claimant
and to OIEC.
(c) Unless otherwise directed or allowed by a presiding
officer, any responses to requests for rescheduling and continuance
must be filed, in writing, with the division and delivered to all
parties within three days of receipt of the request and any responses
to other requests must be filed, in writing, with the division and
delivered to all parties within five days of receipt.
(d) Unless precluded by other law, a presiding officer
may, in the interest of justice, consider a request or response that
is not timely filed or which otherwise fails to comply with the requirements
of this section. The presiding officer may reconsider previous rulings
made in the absence of this information.
(e) Requests to reschedule or cancel a benefit review
conference must meet the requirements of §141.2 of this title
(relating to Canceling or Rescheduling a Benefit Review Conference).
(f) Claimants who are neither represented by an attorney
nor assisted by OIEC may request a continuance by contacting the division
in any manner.
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