Jurisdictional Exclusions and Deferments in TRS
We have recently noticed a number of cases in which jurisdictional exclusions and deferments were not raised and supported as required in TRS®
When hearing a jurisdictional exclusion on a deferred case or deferment challenge, an arbitrator can only view the justification and evidence submitted in the respective section. The arbitrator does not have access to anything else submitted in the case because the only issue to be ruled on is the jurisdictional exclusion or deferment challenge.
To enable the arbitrator to fully view and consider a jurisdictional exclusion, it is imperative to raise and support it for the applicable coverage feature damages, or it is waived. This is done during the Feature Response Workflow Step (please see visuals for Rule 2-4 and Feature Response below).
Since deferment requests may be challenged by an adverse party, it is also imperative to provide the basis for a deferment request in the Deferment Justification section (please see visuals for Rule 2-10 and Case Actions below). This will enable the arbitrator to fully view and consider any subsequent deferment challenge.
For more detail regarding these rules, please view the Rules and Agreements
Article published in: January 2022 E-Bulletin