Do Summary Judgments and other Civil Procedural Rules have a role in Workers’ Compensation Cases?
Monday
10:00 – 10:50 am
Grand Ballrooms 4 – 6
Convention Level
Procedural rules in workers’ compensation proceedings vary widely from state to state. In many states, workers’ compensation acts provide their own statutory procedures and requirements that may differ in meaningful respects from those governing other civil proceedings. In some states, there are more discovery tools available, and workers’ compensation claims may be addressed by motions for summary judgment. In other jurisdictions, “notice pleadings” are the rule, discovery is constrained, and dispositive motions are not available. What does your state do? What are the pros and cons to each approach? This panel will consider whether and to what extent state civil procedural rules apply, or should apply, in the adjudication of workers’ compensation claims.
Panel:
Honorable Bruce E. Moore
Kansas Department of Labor-Division of Workers’ Compensation
Salina, KS
Honorable Thomas Hedler
Florida Office of the Judges of Compensation Claims
West Palm Beach, FL
Honorable Shannon Bruno Bishop
Louisiana Workforce Commission Office of Workers’ Compensation
Harahan, LA
Track: National Workers’ Compensation Judiciary College
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