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Dawn Atkin

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Pre-Hearing Disclosures at the Labor Commission

Fourty-five days prior to the scheduled hearing at the Labor Commission, both sides will prepare pre-hearing disclosures for the Judge. This written document outlines the basic facts of the case and the issues or disputes the Judge will need to address. This includes the calculations for the benefits claimed, including items such as wage rate, benefit rates, and the precise dates off work. This document is designed to make sure all sides are fully aware of the issues and evidence that will be used at the hearing. If either side tries to hide evidence, the Judge will prevent them from using that evidence at the hearing.

At Atkin & Associates we carefully prepare our pre-hearing disclosures to make sure all issues and evidence is fully outlined. We may ask our clients to send certain information or documents to assist us in the completion of the pre-hearing disclosures. It is vital that the information requested by your attorney is provided in time for them to be included in the pre-hearing disclosures. A copy of the pre-hearing disclosures will be mailed to you for your records.

The Medical Exhibit: Vital Evidence in a Workers Compensation Case
A Medical Exhibit is prepared by the insurance company for the Judge. The exhibit includes a full set of your medical records. 20 working days prior to the hearing, your attorney will send all medical records we have to be included in the Medical Exhibit to the attorney for the insurance company. 10 working days prior to the hearing, the insurance company will send the completed Medical Exhibit to the Judge with a copy to Atkin & Associates. This allows your attorney time to read all medical records.

All medical decisions must be made by a doctor and included in the medical exhibit. Medical causation showing that the accident caused the current problems is the most important evidence. But treatment recommendations, impairment ratings and other medical issues must be fully documented in the medical exhibit. With few exceptions, the Judge will not allow new medical records into the Medical Exhibit after it is complete. Therefore, if your doctor has been asked to submit a report for your hearing, that report must be done in time for it to be mailed to the insurance company 20 days prior to the hearing.

K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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