ii. where the award has been subject to agency review, after a preliminary determination is issued by the commissioner or the appeals board affirming that the petitioner is permanently and totally disabled, unless that preliminary decision is stayed under Subsection 34A-2-212(3), Section 63G-4-405 or set aside by the Utah Court of Appeals.c. A motion to stay a preliminary permanent total disability determination shall be filed with the body that conducted agency review pursuant to Subsections R612-200-5(C)(1)(d) and R612-200-5(e).
2. Content of Filing. A request for abstract shall:
a. set forth verbatim the language of the final order or preliminary decision that awards the benefits at issue;
b. set forth the specific monetary sums claimed for each benefit that has been awarded and that is at issue;
c. include evidence available to the petitioner that corroborates the specific monetary sums claimed, such as:
i. billing statements;
ii. RBRVS calculations;
iii. interest calculations; and
iv. evidence of amounts paid; and
d. include an exact copy, in its entirety, of each order that awards benefits for which the abstract is sought.
3. Adjudication of Contest.
a. A request for abstract may be adjudicated by the administrative law judge who issued the order awarding the benefits at issue, unless reassigned to another judge.
b. Any objection to the request for abstract shall be filed within ten days of the filing date of the request.
c. If an objection is filed, any reply shall be filed within five days of the filing date of the objection.
d. If a proffer of conflicting evidence demonstrates a need to clarify or modify the abstract, the administrative law judge may schedule a hearing. Any such hearing may be held using electronic means.
e. The administrative law judge shall issue an order adjudicating the request for abstract within 20 days of:
i. the respondent's objection deadline, if the respondent does not object to the abstract;
ii. the petitioner's reply deadline, if the briefing does not demonstrate a need to clarify or modify the abstract; or
iii. the date on which the administrative law judge conducts a hearing on the abstract.
f. The administrative law judge's decision regarding the request for abstract shall be subject to agency review only if agency review is requested before the abstract is filed with the district court.
R602-2-2. Guidelines for Utilization of Medical Panel.
Pursuant to Section 34A-2-601, the Commission adopts the following guidelines in determining the necessity of submitting a case to a medical panel:
A. A panel will be utilized by the Administrative Law Judge where one or more significant medical issues may be involved. Generally a significant medical issue must be shown by conflicting medical reports. Significant medical issues are involved when there are:
1. Conflicting medical opinions related to causation of the injury or disease;
2. Conflicting medical opinion of permanent physical impairment which vary more than 5% of the whole person,
3. Conflicting medical opinions as to the temporary total cutoff date which vary more than 90 days;
4. Conflicting medical opinions related to a claim of permanent total disability, and/or
5. Medical expenses in controversy amounting to more than $10,000.
B. Objections and Responses.
1. Time. A written Objection to a medical panel report shall be due within 20 days of the date the medical panel report is served on the parties. A Response to an Objection shall be filed within 10 days from the date the Objection was filed with the Division. A Reply to an Objection shall be filed within 5 days from the date the Response is filed with the Division.
2. Length. Without prior leave of the Administrative Law Judge, Objections shall not exceed 10 pages. Responses shall not exceed 7 pages, and Replies shall not exceed 3 pages. All pleadings shall be double spaced.
a. The page limitations herein are inclusive of headings, table of contents, introduction and/or background, conclusion, statement of issues and facts, arguments, etc.
b. The text of motions and memoranda shall be typeset in 12-point font.
c. The Administrative Law Judge shall not consider anything contained on pages which exceed the page limits.
d. If a memorandum is to exceed the page limitations set forth in this rule, leave of the Administrative Law Judge must first be obtained. A motion for leave to file a lengthy memorandum must include a statement of the reasons why additional pages are needed and specify the number required. The Administrative Law Judge will approve such requests only for good cause and a showing of exceptional circumstances that justify the need for an extension of the specified page limitations. Absent such a showing by the requesting party, such requests will not be approved. A lengthy memorandum must not be filed with the Division prior to an entry of an order authorizing its filing.
3. Other than one Objection and one Response and one Reply, no other memoranda shall be considered without prior leave of the Administrative Law Judge.
4. A hearing on objections to the panel report may be scheduled if there is a proffer of conflicting medical testimony showing a need to clarify the medical panel report. Where there is a proffer of new written conflicting medical evidence, the Administrative Law Judge may, in lieu of a hearing, re-submit the new evidence to the panel for consideration and clarification.