287.460. Division hearings, findings sent to parties and insurer--mediation services, division to establish procedures, requirements. - Missouri Statutes

Division hearings, findings sent to parties and insurer--mediationservices, division to establish procedures, requirements.

287.460. 1. The division, through an administrative law judge, shallhear in a summary proceeding the parties at issue and their representativesand witnesses and shall determine the dispute by issuing the written awardwithin ninety days of the last day of the hearing. The hearing shall beconcluded within thirty days of the date of commencement of the hearing,except in extraordinary circumstances where a lengthy trial or complexissues necessitate a longer time than ninety days. All evidence introducedat any such hearings shall be reported by a competent reporter appointed bythe division or be recorded by electronic means. The award, together witha statement of the findings of fact, rulings of law and any other matterspertinent to the question at issue, shall be filed with the record ofproceedings, and a copy of the award shall immediately be sent by UnitedStates mail to the parties in dispute and the employer's insurer.

2. The division of workers' compensation shall develop by ruleprocedures whereby mediation services are provided to the parties in aclaim for workers' compensation benefits whereby claims may be mediated bythe parties at a prehearing conference when the division determines that aclaim may be settled or upon application for a mediation settlementconference filed by either party.

3. The division may require the parties to produce at the mediationconference all available medical records and reports. Such mediationconference shall be informal to ascertain the issues and attempt to resolvethe claim or other pending issues. Such mediation conference may be set atany time prior to the commencement of the evidentiary hearing and nothingin this section shall be interpreted to delay the setting of the matter forhearing. Upon the request of any party, a person providing mediationsettlement services shall be disqualified from conducting any evidentiaryhearing relating to the claim without limiting the rights conferred bysection 287.810.

(RSMo 1939 § 3729, A.L. 1945 p. 1996, A.L. 1953 p. 529, A.L. 1977 S.B. 400, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al.)

Prior revision: 1929 § 3339