Texas Mulls Video Contested Case Hearings

The Texas Division of Workers’ Compensation may soon allow contested case hearings by video conference if all parties agree.
DWC has asked the state’s lawmakers to make those possible, according to the legislative recommendations outlined in its biennial report published last week.
“Virtual hearings, on agreement of all parties, would improve access to legal representation for injured employees living in more remote regions of our state,” the report said. “Permitting all parties to appear at (contested case hearings) by video conference will help shorten timelines to resolve disputes, improve injured employees’ access to necessary medical treatment and allow them to return to work more quickly.”
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The New York State Workers’ Compensation Board has introduced a new process for resolving employer/payer identification issues.
The WCB said this is especially important in cases where the proper identity of the employer is at issue, as often occurs in construction cases, where the claimant may be employed by a general contractor, a subcontractor, or work in a general-special employment relationship with multiple employers.
Many of these cases face delays and may ultimately become the liability of the Uninsured Employer’s Fund (UEF).
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Utilization of hospital services to treat workers injured in Pennsylvania is down more than most of the 16 other states surveyed by the Workers Compensation Research Institute.
Medical payments per claim, down 2-3% in each year since 2019, changed little in 2022.
WCRI said while many states have seen a decline in the utilization of medical services, especially hospital services, since the onset of the pandemic, Pennsylvania’s decreases are larger than most, particularly in major surgery and hospital outpatient services.
The report analyzes claims data through March 2023 and includes findings on the pandemic’s impact on non-COVID-19 workers’ compensation claims during its first three years.
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