Structure and Operation of Workers' Rehabilitation Programs:
Contested vocational rehabilitation cases. Appeal process: Notice of appeal; Appeal procedure.
Sec. 31-283a-6. Contested vocational rehabilitation cases. Appeal process.
(a) Notice of appeal. Any person having made application for vocational rehabilitation benefits and aggrieved by action of the Workers' Compensation Commission in withholding or providing benefits, and having been unable to effect resolution through informal discussion, shall be afforded an opportunity for hearing upon submission of a written notice of appeal to the Chairman or his designee. This notice shall include but not necessarily be limited to the following:
(1) The specific nature of the grievance;
(2) The remedy sought;
(3) Acceptable alternative remedies, if any.
(b) Appeal procedure. Upon receipt of a notice of appeal as provided in subsection (a) of this section the Chairman or his designee shall initiate the following appeal procedure:
(1) Within fifteen (15) days of receipt of a notice of appeal, an informal conference will be scheduled with the grievant, at a mutually acceptable time and place, for the purposes of effecting a remedy acceptable to both parties.
(2) If the informal conference does not result in resolution of the issue within 15 days, the grievant will be so informed in writing. The grievant may further pursue a remedy by submitting a written request for a hearing to the Chairman or his designee.
(3) The Chairman or his designee shall, not more than 30 days following receipt of the request for hearing, notify the employee of the time and place selected for the hearing.
(4) The Chairman shall conduct the hearing, accepting all relevant evidence, both oral and written.
(5) Within 30 days of the conclusion of the hearing, the Chairman shall render his written decision notifying the grievant of what remedial action, if any, the Workers' Compensation Commission is prepared to implement.
(6) The Chairman's final decision shall be binding and shall not be appealable.
(Effective October 18, 1995)