Date:    December 13, 2005

To:       Workers’ Compensation Attorneys

From:   William R. Johnson, Assistant Chief Administrative Law Judge

Re:       IME Extension and Medical Testimony Orders, Notices of Intervention Status

            The Office of Administrative Hearings issues orders in response to motions to extend the time period for filing an independent medical examination report and motions to allow medical testimony.  Representatives of the Mn. Trial Lawyers Association and Mn. Defense Lawyers Association have questioned whether such orders are necessary when the parties agree to the outcome, or if the procedures for routine orders may instead be streamlined. After discussion and consideration of this issue, OAH agrees that streamlined procedures for certain routine motions are appropriate. 

            As of January 1, 2006, OAH will accept a letter of agreement of the parties (in a prescribed format) in lieu of a Motion to Extend IME or Motion to Allow Medical Testimony.  You will find sample agreement letters on our website at www.oah.state.mn.us.  On the OAH website, select the Workers’ Compensation Division and then look for the link to Attorney agreement forms.  When the attorneys for the primary parties have reached an agreement concerning the date an IME extension expires and that date is before the hearing date, or have agreed that deposition testimony of a medical provider is needed, a letter outlining the agreement may be filed in lieu of a motion.  The parties may assume that the agreement is acceptable to OAH unless a contrary order is issued within 20 days after the agreement is served and filed.  It is not necessary for the letter regarding the agreement to be signed by opposing parties so long as it is served on opposing parties, allowing an opportunity to object if the opposing party disagrees with the substance of the stated agreement.  The judge will not issue an order if the agreement as stated by the parties is acceptable.

            A change will also be made as of January 1, 2006 concerning Notices of Intervention Status.  Minnesota Statutes, section 176.361, subd. 2 currently does not require an order by the judge to allow an entity to intervene in a dispute.  Our office has been sending a Notice of Intervention Status following the filing of a routine Motion to Intervene.  OAH will discontinue this practice.  The parties may assume an entity filing a Motion to Intervene is an intervenor in the dispute.  The attorneys should carefully review the notice of a proceeding to be sure they are aware of all of the intervenor claims.  Current plans also call for intervenors to be able to check their intervention status on-line and for attorneys to check the OAH list of current parties, including intervenors.  We will notify you when this on-line review is available. 

            Eventually, we plan to have your OAH calendar available to you electronically on our website.  Plans are moving forward to allow you to directly enter your current calendar information into the OAH system and also to check your currently scheduled cases at OAH.  This will allow the attorneys and OAH to keep up-to-date on the status of your litigation schedule.  This project will require additional computer programming and coordination with the Department of Labor and Industry. 

            The changes effective January 1, 2006 will conserve attorney and OAH time spent on routine matters, thereby allowing more time for those matters that are disputed and need our attention.  We appreciate your feedback to continue to improve the workers’ compensation litigation system.  Thank you for your assistance.