Once the insurance carrier filed form C-7 to contest a claim, the Workers’ Compensation Board will review the medical records that have been submitted. If they believe that the records sufficiently reference a work related condition or injury the next step is to schedule a Pre-Hearing Conference.
A Pre-Hearing Conference allows the Judge to review the information in the file and schedule appropriate actions for resolution of the claim. At a Pre-Hearing Conference, the Judge can direct the parties produce clarifying medical records including an independent medical examination by the insurance carrier. Often times, the Judge will schedule a date from the claimant’s testimony as well as the testimony of lay witnesses.
If medical testimony is required, the Law Judge will set a timeline within which to complete that testimony and render a Reserved Decision on the outstanding issues. Medical testimony is usually done by depositions when claimants are represented by counsel. If the claimant is unrepresented, the testimony will take place at a hearing before a Law Judge.
If you have questions regarding your Workers’ Compensation claim, please feel free to consult with our firm.