You must intervene within 60 days of being served with a Notice of Right to Intervene, or within 30 days of being served with a notice of administrative conference. The time period starts when the attorney or party sends the notice to you, not when you receive it. The time period ends when the Office of Administrative Hearings receives your Motion to Intervene, not when you send it.
The Workers’ Compensation Act specifically allows intervenors to represent themselves in a workers’ compensation proceeding without hiring an attorney. Attorneys in this area of practice may be helpful to you because they are familiar with the process and the nature of proof needed to establish or settle intervention claims. OAH sees both attorneys and non-attorneys representing intervenors.
File a complete Motion to Intervene, with the required documentation of your claim and the required Affidavit of Service.
They must be detailed enough to clearly identify the services and costs at issue in your claim. The law requires you to include an itemization of disability or other benefits paid or owing, together with copies of bills and the amount of reimbursement claimed. You do not need to attach HCFA billing forms.
If you file a Stipulation of Intervention signed by the employee, employer and the workers’ compensation insurer, your intervention claim is considered established by law so long as the employee’s claim is payable by the insurer. In these circumstances, you would not have to attend further proceedings. You would have the responsibility to bring these facts to the attention of the parties and the judge.
Even if a Stipulation of Intervention has not been signed by the parties, you may be able to establish your claim if there is no written objection to the Stipulation of Intervention. If you sign a Stipulation of Intervention, send it to the other parties and no one files an objection within 30 days after you sent it, your right to reimbursement is established so long as the employee’s claim is payable by the insurer. It is your responsibility to bring these facts to the attention of the parties and the judge.
Once you become a party by intervening, you will be notified of future proceedings which might include any or all of the following:
Administrative Conference. An administrative conference is an informal meeting with the staff of the Department of Labor and Industry (DLI) workers’ compensation alternative dispute resolution unit. By presenting arguments and supporting documents on limited issues, the parties attempt to resolve their claims. If the case is not resolved by settlement, the staff makes a written decision on the claim, including on any intervention claims. If not satisfied with the decision, any party (including an intervenor) may request a formal evidentiary hearing at the Office of Administrative Hearings.
Settlement Conference. A settlement conference is conducted by a judge at the Office of Administrative Hearings to assist the parties in resolving the claim before the hearing.
Pretrial Conference. A pretrial conference is a pre-hearing planning session with the judge at which legal issues to be addressed at the hearing are clarified, witnesses identified, and anticipated exhibits discussed.
Hearing. If not resolved, cases proceed to an evidentiary hearing. If you are an intervenor in the unresolved claim, you will receive notice of the hearing so that you may participate to protect your interest. You will need to present an exhibit of your updated and itemized claim at the hearing, and make arguments and/or present evidence pertaining to your claim.
Unless the parties have signed or failed to object in writing to a Stipulation of Intervention, your appearance is required by the Workers' Compensation Act. You can always appear at scheduled proceedings in person.
As set forth in the Standing Order Regarding Intervention, you can request to appear by telephone at any of these types of conferences by complying with the following steps:
In your Motion to Intervene, include a Notice of Election to Appear by Telephone in which you provide the name and contact telephone number for your authorized representative – OR - file a Notice of Intervenor’s Election to Appear by Telephone at Settlement Conference, Pretrial or Other Prehearing Conference form containing this information by emailing it to: OAH.Interventions@state.mn.us.
Complete the filing at least 15 days before the scheduled proceeding.
If no written objections are filed and served on you, your request is granted by operation of law. No order will be issued to this effect.
Be available by telephone, at the number provided, during the scheduled proceeding unless and until called and released by the presiding judge.
Unless the parties have signed or failed to object in writing to a Stipulation of Intervention, your appearance is required by the Workers' Compensation Act. You can always appear at a hearing in person.
As set forth in the Standing Order Regarding Intervention, to request to appear by telephone at a hearing you must comply with the following steps:
File a Notice of Intervenor’s Election to Appear by Telephone at Hearing form by emailing it to: OAH.Interventions@state.mn.us.
Note the telephone conference call-in number and access code provided to you in the Notice of Hearing.
Complete the filing no more than 45 days before and no later than 15 days before the scheduled hearing.
At the date and time of the hearing, call in to that telephone conference and wait on the line until contacted by the presiding judge.
When requested, note your appearance on the record by stating your name for the presiding judge, and stay connected on the conference call until excused by the presiding judge.
As required by the law, your claim will be denied in an order issued by a judge. Denial of your claim for failure to appear will likely result in an inability to collect the sum claimed from the parties or a government program.
The only exception to this rule is in cases of good cause. Good cause generally includes circumstances beyond the intervenor’s control, such as proceedings that are scheduled in such a manner that the intervenor receives less than 15 days notice. Good cause does not include the intervenor’s scheduling mistakes or difficulties.
The new election requirement is effective for any proceedings scheduled on September 15, 2015 and thereafter.
2. Do I need to file notice of election forms for mediations?
No. Mediations are voluntary proceedings; you are not required to attend mediations and so you do not need to make arrangements to attend by telephone.
3. How do I count the days for determining the period prior to a proceeding when a notice of election form needs to be filed?
Use calendar days. Exclude the first and include the last day of the time period. When the last day of the time period falls on Saturday, Sunday, or a legal holiday, don’t count that day.
4. If a hearing is continued, do I need to file a new election form for the continued date?
5. Will I need to stay on the line or be available for a call back from the judge for the entire duration of a 3-hour or 6-hour hearing?
This will depend on the specific case and the needs of the judge and attorneys. The judge will tell you at the beginning of the hearing whether you are excused or have to remain available.
6. If I cannot remain on the line for the entire period of the conference or hearing, may I have my assistant stay on the line and have them come get me, if I am needed?
You can make whatever choices meet your business needs best. For a settlement conference, if a party convinces the judge that there is a sufficient legal reason to require your participation, the judge will call you at the number you provided. In those circumstances, the judge will expect you to be readily available, either by answering or by being handed the phone by your assistant. The judge will not call multiple numbers, wait for you to be located, or accept returned calls except in extraordinary circumstances constituting good cause. Normally, a busy business schedule will not constitute good cause.
7. May I send the Motion to Intervene along with the election form for settlement conferences and pre-hearing proceedings to the email address designated for election forms?
8. May I send multiple election forms in one email to the email address for election forms?
Yes, as long as each election form is a separate attachment. Please do not gather election forms together and send them as one pdf.
9. I do not have email addresses and/or fax numbers for all the parties. May I serve the parties using various formats, like some by email, some by fax and/or some mailed?
If you do this, indicate on the completed Affidavit of Service which parties were served by which format.
10. The election form has a blank for the WID number and that number is rarely on the Notice of Right to Intervene that I receive. Should I put the social security number there instead?
No. Get the WID number off of other pleadings you’ve received, if any, or call the attorneys for the parties and ask for it. If you can’t locate it any other way, you may call staff at the Office of Administrative Hearings and ask for the WID number.
11. If I will be unavailable at the time of a conference and some other person is filling in for me, how do I notify the judge regarding this?
You don’t. Make sure someone with authority is available at the number you originally provided.