Court Procedure

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After the filing of a petition with the Workers’ Compensation Court (Original Petition or Petition to Review), the case will be assigned to a Pre-Trial Hearing within 21 days. This is an informal conference at which no testimony is taken. The judge hearing the case will listen to both parties, review medical records and enter a Pre-Trial Order denying or granting the petition. The order is binding immediately. Any party not satisfied with the order may appeal by claiming a trial within 5 business days. The case will then be assigned for a hearing to the same judge who heard the case at pre-trial. Before scheduling a hearing for testimony, the judge may schedule an Initial Hearing for the attorneys to appear in Court and advise the judge as to what witnesses and other evidence they intend to present in the case. The injured worker and the employer are not required to appear for the Initial Hearing. The Pre-Trial Order remains binding on both the injured worker and the insurance company while the case is on appeal. The hearing process may require one or more hearings for the taking of testimony. At the conclusion of the hearings, the judge will render a decision. Any party not satisfied with the decision may appeal to the Appellate Division.

Read full text of statute » 28-35-20

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