An injured worker or Victim of Crime Program applicant, may request a hearing if they receive a determination from an insurer or self-insured employer, or VOCP, that they do not agree with.
If the injured worker has written to the insurer or self-insured employer and they have failed to respond to the injured worker’s written request within (30) days the may appeal the “failure to respond” to the injured workers letter. An injured worker has (70) days from the date of the insurer’s determination or the date the worker mailed the written request to the insurer, to request a hearing before the hearing officer.
The request for hearing must be made in writing and must include a copy of the letter or notice that is being appealed. If the decision letter is not included it will result in delays and possible dismissal of the appeal.
Initial hearings are scheduled within (5) days from the date the hearing request is received at the Hearings Division and are set within (30) days. All parties are given at least (15) days prior notice of the date of hearing.
Copies of all documentation to be submitted to the hearing officer must be provided to the other side.
If an interpreter is necessary for translation at the initial hearing, including an interpreter for the hearing impaired, it is up to the appealing party to notify the Hearings Division of need for assistance.
At the initial hearing, the appealing party will usually be required to provide their own interpreter.