Instructions for processing and hearing the 1002 preliminary determination and appeal:
- Initially, the 1002 will be mailed by the payor to the office and to the injured employee.
- If the injured employee disagrees with any information contained in the 1002, he must notify the payor, in writing, of the Basis of Disagreement. There is no set time within which to do so.
- Within 5 days of receipt of the Basis of Disagreement, a payor may request a preliminary determination (PD) of the amount of compensation in the 1002.
- When a PD is requested it shall be filed in the jurisdiction of the proper venue according to L.S.A.-R.S. 23:1310.4.
- In districts with 2 judges requests for PD hearings should be assigned equally.
- The Front Desk Receptionist shall prepare a separate manual log of all requests for PD hearings. In the near future, the JW system will be updated to identify 1002s.
- The Front Desk Receptionist will immediately scan requests for PD. Once scanned the front desk receptionist will call the judge who will conduct the PD hearing to let him/her know it has been received and scanned.
- Filing in Proper Venue and Hearing of Preliminary Determinations will be conducted as follows:
- The “filed in” office shall key and scan the request for PD. The “heard in” office shall schedule the hearing and send out all notices of the PD hearing, receive filings of documents for the PD hearing, scan in all documents received for PD hearing, issue a written decision within 30 days of the filing fo the request for the PD hearing, send out notice of judgment, key outcome codes, scan additional documents and send hard copy of file material to “filed in” office.
- Please mail a copy of the request for PD with the notice of telephone hearing.
- PD hearing shall be heard by telephone with a court reporter available to transcribe proceedings, if necessary.
- “Filed in” office shall maintain the hard copy of all documents received beginning with 1002 indicating Basis of Disagreement up to PD Judgment.
- If an appeal is filed of the PD Judgment, “heard in” office shall immediately request a transcript of the PD hearing and once received send to “filed in” office. An appeal of a PD Judgment should be made on a 1008. Once received the “filed in” office shall schedule hearing, de novo, on the merits in the usual manner, send out notices, scan in all documents, and issue written judgment on appropriate amount of compensation.
- When appropriate and in the best interest of the parties, an appeal of a PD judgment should be consolidated with a 1008 about other disputed issues that involve the same parties, same date of loss, part of the body, employer and employee.