MEMORANDUM NO. 2001-11
|TO:||Commissioners, District Administrators, Self-Insureds, Insurance Carriers, Attorneys, Unions, Legal Advisory Panel Members, and Advisory Board Members|
|FROM:||John A. Mastropietro, Chairman|
|DATE:||December 21, 2001|
Effective immediately, the submission of Pre-formal Memos is no longer required. However, pursuant to Bailey v. State, 65 Conn. App. 592 (2001), parties should be prepared at the pre-formal hearing to articulate specifically what further activities (depositions, etc.) will be required before their matter is ready for trial. We anticipate that a full and open disclosure setting appropriate timetables will negate problems such as those that arose in the Bailey case. In addition, claimant's representatives should be prepared to articulate and defend a monetary demand for settlement based on actual benefits being claimed, and respondent's representatives should have reasonable authorization which will allow meaningful discussion to take place. All parties should be prepared to estimate the length of time required for the formal hearing, the number and identity of witnesses who will submit live testimony, and divulge the need and timetable necessary to complete any depositions in order to prevent unnecessary delays of the formal hearing. It is also expected that the parties will leave the pre-formal hearing with a complete understanding of exactly what issues are to be the subject matter of the formal.