Compliance With Orders

(1) Whenever a judge has issued an interlocutory or final order in a workers’ compensation claim and a party has failed to comply with that order, the party seeking enforcement of the order may file a motion to compel with the court requesting that the court enforce the order. Before filing the motion, the moving party must make an attempt to contact the opposing party to inform the party that a motion to enforce the order will be filed. (2) Before filing the motion, the moving party must contact the clerk’s office to obtain a date that the judge is available to hear the motion. The moving party shall include a notice of hearing in the motion setting forth the date and time of the hearing before filing the motion with the clerk. The moving party shall serve a copy of the motion and notice upon all other parties to the claim in the manner provided by rule 0800-02- 21-.08. (3) All parties may file a response to the motion. Any response must be filed with the clerk and served upon all other parties to the claim in the manner provided by rule 0800-02-21-.08. All responses must be filed and served not later than five (5) calendar days before the scheduled hearing. (4) If at the hearing, the judge determines that a party has failed to comply with the order at issue, the judge, in addition to ordering compliance with the order, may refer the noncompliant party to the Bureau’s penalty program for the assessment of a civil penalty.