Current through Register Vol. XLI, No. 50, December 13, 2024
Section 93-2-6 - Time Standards6.1. Compensability -- Except for those issues covered by §6.2, a final decision shall be issued in protests involving compensability issues within 6 months of the date of receipt of the protest by the Office of Judges.6.2. Claims rejected by self-insured employer -- A final decision shall be issued in claimant protests to compensability of claims rejected by self-insured employer, other than for occupational pneumoconiosis or hearing loss, within 4 months of the date of receipt of the protest by the Office of Judges.6.3. Medical Treatment Authorization - A final decision shall be issued in protests by claimants involving medical treatment authorization issues within 4 months of the date of receipt of the protest by the Office of Judges. A final decision shall be issued in protests by employers involving medical treatment issues within 6 months of the date of receipt of the protest.6.4. Rehabilitation - A final decision shall be issued in protests involving rehabilitation issues within 10 months of the date of receipt of the protests by the Office of Judges.6.5. Temporary Total Disability - A final decision shall be issued in protests involving temporary total disability issues within 6 months of the date of receipt of the protest by the Office of Judges.6.6. Dependents Benefits (104 Weeks) - A final decision shall be issued in protests involving dependents benefits issues within 4 months of the date of receipt of the protest by the Office of Judges.6.7. Dependents Benefits (Fatal Claims) - A final decision shall be issued in protests involving such fatal claims within 12 months of the date of receipt of the protest by the Office of Judges. It is recognized that such cases often involve voluminous medical records and that such records often are difficult to obtain. Moreover, such cases often involve expert opinions that are dependent on the analysis of such medical records. Accordingly, in these more complex cases, motions to extend time frames will not be unreasonably denied.6.8. Permanent Partial Disability - A final decision shall be issued in protests involving permanent partial disability, including protests to permanent partial disability awards in occupational pneumoconiosis cases, within 15 months of the date of the receipt of the protest by the Office of Judges.6.9. Occupational Pneumoconiosis Non-Medical - A final decision shall be issued in protests involving OP non-medical issues within 9 months of the date of receipt of the protest by the Office of Judges. 6.10. Permanent Total Disability 6.10.1. Impairment Threshold - A final decision shall be issued in protests involving whether the claimant has a sufficient degree of medical impairment to be considered for a permanent total disability award within 8 months of the date of the receipt of the protest by the Office of Judges.6.10.2. Permanent Total Disability Entitlement - A final decision shall be issued in protests involving whether a claimant should be granted or denied an award of permanent total disability within 15 months of the date of receipt of the protest by the Office of Judges.6.10.3. Onset Date - A final decision shall be issued in protests involving the onset date in permanent total disability cases within 4 months of the date of receipt of the protest by the Office of Judges.6.10.4. Second Injury Chargeability - A final decision shall be issued in protests involving whether or not a permanent total disability award is a second injury award within 4 months of the receipt of the protest by the Office of Judges.6.10.5. Suspension/Termination - A final decision shall be issued in protests involving the suspension/termination of PTD benefits within 9 months of the receipt of the protest by the Office of Judges.6.11. Reopening - A final decision shall be issued in protests involving reopening issues within 5 months of the date of receipt of the protest by the Office of Judges.