Petition To Terminate Liability For Temporary Disability Indemnity {WCAB 46}

DWC/WCAB FORM 46, PETITION TO TERMINATE LIABILITY FOR TEMPORARY DISABILITY INDEMNITY, (a) Any petition to terminate liability for temporary total disability indemnity awarded under a findings and award, decision or order of the Workers' Compensation Appeals Board shall include: (1) A statement, in capital letters, that an order terminating liability for temporary total disability indemnity may issue unless objection thereto is served and filed on behalf of the employee within 14 days after service and filing of the petition, and (2) All medical reports in the possession of the petitioner that have not previously been served and filed; (b) If written objection to the petition to terminate is not served and filed within 14 days of the petition's service and filing, the Workers' Compensation Appeals Board may order temporary disability compensation terminated, in accordance with the facts as stated in the petition or in such other manner as may appear appropriate on the record. If the petition to terminate is not properly completed or executed in accordance with this rule, the Workers' Compensation Appeals Board may summarily deny or dismiss the petition. (c) Written objection to the petition by the employee shall be served and filed within 14 days of service and filing of the petition, and shall state the facts in support of the employee's contention that the petition should be denied, and shall be accompanied by a Declaration of Readiness to Proceed to Expedited Hearing. All supporting medical reports shall be attached to the objection. The objection shall also show that service of the objection and the reports attached thereto has been made upon petitioner or counsel and a proof of service showing service of the objection upon petitioner. (d) Upon the filing of a timely objection, where it appears that the employee is not or may not be working and is not or may not be receiving disability indemnity, the petition to terminate shall be set for expedited hearing not less than 10 nor more than 30 days from the date of the receipt of the objection. (e) If complete disposition of the petition to terminate cannot be made at the hearing, the workers' compensation judge assigned thereto, based on the record, including the allegations of the petition, the objection thereto and the evidence (if any) at said hearing, shall forthwith issue an interim order directing whether temporary disability indemnity shall or shall not continue during the pendency of proceedings on the petition to terminate. Said interim order shall not be considered a final order, and will not preclude a complete adjudication of the petition to terminate or the issue of temporary disability or any other issue after full hearing of the issues. (REV 11/2008). www.FormsWorkflow.com