Workers' Compensation Court

REPRESENTING YOURSELF

• All documents must be typewritten or legibly printed on 8½ x 11 plain paper. The paper should not be lined and there should be no line numbers.
• Your name, mailing address, and telephone number must be printed in the upper left hand corner of the first page of the document.
• Documents should be single spaced, with double spacing between paragraphs.
• Except for the petition for hearing, every document filed with the Court must have a written certification that a copy has been sent to the insurer and/or other parties in the case, or their attorneys. Copies of the document must in fact be sent to the opposing parties or their attorneys. If the party has an attorney, the document must be sent to the attorney.
• There are other requirements for documents you file with the Court. Please read the rules and follow them to the extent possible.

FILING A PETITION

• the date of your accident at work,
 
• a description of the accident,
 
• the place (city or county) where the accident occurred,
 
• other facts concerning your claim for benefits,
 
• a statement confirming that you have attempted to resolve your dispute, (You must have done so.)
 
• if mediation is required, a statement confirming that you have attempted to mediate your dispute,
 
• a statement confirming that you have provided the insurer with medical records regarding your claim and will do so in the future,

• a list of your witnesses and what you expect each witness will say when testifying, a list of all documents (exhibits) you want the Court to consider,

• what benefits, or other relief, you want the Court to order.

• You must provide the Court with an original and 3 copies of your petition. You must also provide the names and addresses of the insurer and other parties involved in your case. If you know the name of the attorney representing the insurer or other parties, you must provide their names and addresses to the Court.

• You must comply with the deadlines in the scheduling order. Failure to do so may result in postponement or even dismissal of your case.
• If you cannot comply with a deadline, then you may request an extension of time. Contact Court staff to find out how to request an extension.

Discovery: Between the time the petition is filed and the trial, every party in the case will be able to conduct discovery. Discovery is a legal term which refers to various ways you, and the other parties, can find out about the evidence which might be presented at trial. The basic ways are:

• Interrogatories: These are written questions sent by one party to another party which must be answered in writing, under oath.

• Requests for Production: These are written requests made by one party asking that another party provide copies of documents relating to the case.

• Depositions: A deposition is much like testifying in Court, only the judge is not there. Any party may request a deposition of the other party or of any person who has information about the case. The deposition is typically held in an attorney's office or at the offices of a court reporter. The parties and/or their attorneys ask questions of the witness (who is called a deponent), and a court reporter records the answers. Depositions may be submitted to the Court for it to consider in making its final decision. The party requesting the deposition is responsible for the cost.

PRETRIAL CONFERENCE

Two weeks prior to trial, a pretrial conference will be conducted.

• a statement of jurisdiction,
• a list of all pending motions,
• any uncontested facts,
• any stipulations between the parties,
• a statement of the issues,
• the parties' contentions,
• a list of all exhibits to be offered by each party and any objections to their admission,
• a list of all witnesses who may be called, including their name, address, occupation, and subject matter of their testimony,
• any unusual issues,
• the estimated length of trial.

A final pretrial order will be finalized at the conference.