Rule 20 Appeal of determination or decision on reconsideration
Rule Text
(a) A claimant may within 30 days of receiving the determination, or within 30 days of receiving the notice of decision on reconsideration, appeal the determination or decision on reconsideration to the Board. The appeal must be filed with the Program within 30 days of receiving the determination or notice of decision on reconsideration. The Program shall forward the appeal to members of the Board.
(b) The Board shall consider the appeal on the record at the next meeting scheduled after receiving the appeal, provided that the appeal and the record are received at least five (5) days prior to the meeting. Within 20 days after the meeting, the Board shall either (1) provide the claimant with its written decision, explaining its determination and the reasons therefor, or (2) give notice to the claimant that it will hold a hearing on the appeal.
(c) If the Board determines that it will hold a hearing in a particular case, it shall provide written notice to the claimant within 60 days of the Board meeting at which the appeal was discussed, including the time, date and place of the hearing. The hearing shall occur within 30 days after the issuance of the Notice of Hearing on the Appeal, unless the claimant or claimant's counsel submits a written request to the Chairperson of the Board for a continuance of the hearing.
(d) The claimant shall have the burden of proof on appeal. The standard of proof before the Board shall be by a preponderance of the evidence. The claimant and the Program shall be allowed a reasonable time for presentation or oral argument or for the filing of briefs or other pleadings as to the facts or the law.
(e) The Board may proceed as it determines and may consider any statement, document, information or other matter that it finds is relevant to the determination of the appeal and necessary to afford the parties a fair hearing.
(f) The Board may accept hospital records and physicians reports as proof of the injury sustained, without requiring the presence of an attending physician at the hearing.
(g) In disputes as to medical facts, the Program may order a medical examination of the victim by a physician designated and compensated by the Program.
(h) All witnesses shall testify under oath or by affirmation. All hearings shall be recorded by a court reporter or an electronic sound recording device, and maintained as the Board directs. The Program may examine the claimant and all witnesses.
(i) The Board shall not be bound by common law or statutory rules of evidence, or by technical or formal rules of procedure, other than the rules stated herein.
(j) Hearings may be adjourned at the discretion of the Board Chairperson.
(k) The failure of the claimant to appear at the time of the hearing may, upon good cause shown, be excused and the hearing rescheduled.