§ 28-35-20 - Informal pretrial conference.
SECTION 28-35-20
§ 28-35-20 Informal pretrial conference.– (a) Before any case shall proceed to a trial, the judge shall conduct amandatory pretrial conference within twenty-one (21) days of the date of filingwith a view to expediting the case and reducing the issues in dispute to aminimum, notice of which shall be sent by the administrator to the parties orto their attorneys of record. The conference shall be informal and no oraltestimony shall be offered or taken. Any statement then made by either partyshall in the absence of agreement be without prejudice, but any agreement thenmade shall be binding.
(b) Within a reasonable time of receipt, all medical reportsand documentary evidence which the parties possess and which the parties intendto present as evidence at the pretrial conference shall be provided to theopposing party.
(c) At the pretrial conference, the judge shall make everyeffort to resolve any controversies or to plan for any subsequent trial of thecase. The judge shall render a pretrial order immediately at the close of thepretrial conference. The pretrial order shall be set forth in a simplifiedmanner on forms prescribed by the workers' compensation court. It may reflectany agreements reached between the parties, but shall grant or deny, in wholeor in part, the relief sought by the petitioner. The pretrial order shall beeffective upon entry. Any payments ordered by it including, but not limited to,weekly benefits, medical expenses, costs, and attorneys' fees, shall be paidwithin fourteen (14) days of the entry of the order.
(d) Any party aggrieved by the entry of the order by thejudge may claim a trial on any issue that was not resolved by agreement at thepretrial conference by filing with the administrator of the workers'compensation court within five (5) days of the date of the entry of the order,exclusive of Saturdays, Sundays and holidays, a claim for a trial on formsprescribed by the administrator of the workers' compensation court. If notimely claim for a trial is filed or is filed and withdrawn, the pretrial ordershall become, by operation of law and without further action by any party, afinal decree of the workers' compensation court.
(e) All trials shall be assigned for hearing and decision tothe same judge who presided over the pretrial of the matter. Notice of thetrial shall be sent by the administrator to the parties and to their attorneysof record. All trials shall be de novo, except that issues resolved byagreement at the pretrial conference may not be reopened. Any other case ordispute under chapters 29 – 38 of this title that arises during thependency of this trial, shall be forwarded immediately to the same judge forpretrial in accordance with this section and for any subsequent trial.
(f) If after trial and the entry of a final decree, it isdetermined that the employee or medical services provider was not entitled tothe relief sought in the petition, the employer or insurer shall be reimbursedfrom the workers' compensation administrative fund, described in chapter 37 ofthis title, to the extent of any payments made pursuant to the pretrial orderto which there is no entitlement.