Employers Can Seek Termination of Workers’ Compensation Indemnity 好处 Through Employer’s Application for Hearing

An Employer's Application for Hearing allows an employer to suspend or terminate workers’ compensation benefits of an injured employee who is under an open indemnity award.  There are certain instances when an employer can request that workers’ compensation benefits be stopped.  

An employer may choose to file an Employer’s Application for Hearing and request that the injured worker’s compensation benefits be terminated if: 

1. 工人拒绝职业康复治疗，
2. the worker refuses to attend an appointment with his/her treating physician,
3. 工人返回他/她的全职工作;
4. 工人回到轻工岗位，
5. the treating physician releases the worker to his/her full duty job, or
6. the treating physician certifies that the worker’s disability is not related to the worker’s workplace injury. 

支持文档

It is very important for an employer to also submit documents that support the reasons why the employer requests the suspension or termination of compensation benefits.  The type of documented evidence that an employer could choose to submit with its Application for Hearing varies depending on the facts of each case.  一些例子包括: 

1. notes of a vocational case manager showcasing the worker’s non-cooperation,
2. medical records showing a worker's absences at medical appointments,
3. a worker's wage statements showing increased earnings post-injury,
4. a note from the treating physician showing an order to return to full duty work, or
5. a note showing the worker’s refusal to work in a light duty position within his/her physical restrictions. 

申请聆讯规定

For the Employer’s Application for Hearing to be referred to the hearing docket, the technical requirements outlined in Rule 1-4(B) of the Rules of the Virginia Workers’ Compensation Commission must be met.  这意味着聆讯申请必须:

1. 写下来，
2. 要发誓，
3. 陈述申请救济的理由，以及
4. 说明最后一次支付赔偿的日期. 

An employer must additionally note whether it wishes to suspend or terminate benefits, change the benefits from temporary total to temporary partial disability, 或者寻求信用. 

An employer must state the date through which the worker has been paid in accordance with Rule 1-4 (c).  This payment timing requirement is one of the most critical parts for an employer to navigate when submitting an Employer’s Application for Hearing.  Rule 1-4(c) outlines five instances that do not require an employer to pay the worker his/her current awarded rate through the date that the employer files its Employer’s Application.  除规则1-4(c)所列的五个例外情况外, the employer must pay the worker his/her currently awarded rate through the date that the employer files the Employer’s Application for Hearing.  The timing of this payment is a very important component of the Employer’s Application and must be afforded proper attention. 

Worker Response and Virginia Workers’ Compensation Commission Review Process

根据规则1-5, if an employer's Application for Hearing is technically acceptable, the worker has 15 days to present evidence in opposition to the employer's Application for Hearing.  15天过后, the Virginia Workers’ Compensation Commission (the “Commission) determines whether the employer’s Application for Hearing will be accepted or rejected.  In order to be accepted and referred to the hearing docket, there must be probable cause for the relief requested by the employer.   因此, 在雇主提交听证申请后, the Commission determines whether the probable cause standard has been met.   The Commission issues a ruling on the employer’s Application for Hearing and advises the parties whether the employer’s Application for Hearing is referred to the hearing docket or whether the Application for Hearing is rejected. 

Due to the detailed payment timing requirements and the importance of carefully selected evidence in support of an employer’s Application for Hearing, employers should seek the advice of counsel when navigating Applications for Hearing under Rule 1-4. 

克里Stolz 是一个澳门亚洲博彩平台排名 & 亚洲博彩平台排名 attorney focusing her practice on workers' compensation, 保险辩护, 以及民事诉讼.