Post on 12-Jul-2015
transcript
Carl E. Habekost, Esq.
BUGBEE & CONKLE, LLP
405 Madison Avenue, Suite 1300
Toledo, Ohio 43604-1238
(419) 244-6788
www.bugbee-conkle.com
OVERVIEWIntroduction
P³
Purpose
Preparation
Presentation
Fact Pattern Hearing Review
INTRODUCTION Time is of the essence
Typical Hearing Officer schedule
20 hours of hearings per week
4 hearings per hour at 15 minutes per hearing
80 hearings per week
40 hours x 60 minutes per hour = 2,400 minutes
2,400 minutes 80 hearings = 30 minutes perhearing file
15 minutes per hearing, 15 minutes to review andwrite order
Hearing Officer Memo K5 requires that thehearing officer issue a final written order within 24hours of the conclusion of the hearing
O.R.C §4121.34
District Hearing Officers
O.R.C §4121.35
Staff Hearing Officers
O.R.C §4121.36
Industrial Commission Hearing Rules
Elements for Order Writing
Statutes
PURPOSEWIN!
Win with an order written in
your favor.
Alternative Purpose
The Teaching of the Vizier
Ptahhotep
PREPARATION
O.A.C. 4121-2-01
Standard of Practice
O.A.C. 4121-3-09
Conduct of Hearings
PREPARATION Identify:
Your “case”
What do you want the hearing officer to do
for you?
Supporting evidence
Facts
Medicine
Law
Traffic Light Analysis
•FACTS
•MEDICINE
•LAW
Traffic Light Analysis
The party with the burden of proof
needs three green lights to prevail.
Who has the burden of proof?
The moving party.
FactsW4 + H
Accident, investigationand police reports
Attendance records
Witness statements
Job descriptions
Employee handbook
Social media search
Medicine
Emergency room reports and medical records
Medical history
Diagnostic studies
IME reports
Medical forms regarding disability and causation
Law Claim allowance
In the course of and arising out of employment…
Natural degeneration of tissue
Employee v. independent contractor
Compensation
Voluntary abandonment
Maximum medical improvement
Refusal of job offer
Statute of Limitations
Occupational disease v. “wear and tear”
Hearing Room Issues
Need more than 15 minutes?
Contact the Hearing Administrator
Need a court reporter?
Hearing Officer Memo R2
Audio visual evidence?
Hearing Officer Memo R7
Submitting Documents
Industrial Commission Online Network (ICON)
All documents submitted are imaged into the
electronic claim file.
Hearing officers review the evidence on ICON to
prepare for hearing using the electronic claim file.
PRESENTATION
“Sure he stretched some things, butmostly he told the truth.”
- Mark Twain.
PRESENTATION
• Hearing presentation is the art of
eliminating the unnecessary.
• Know your audience
• Focus upon the issue(s) noticed for
hearing
StrategyLead with your strongest point
Tell the hearing officer what you want and
what evidence and/or legal theory you are
relying on as support
Refer to evidence on ICON with the date
imaged
Discuss evidentiary issues with opposing
counsel prior to the hearing
DO …
Be respectful to:
Hearing Officer
Injured Worker
Employer
Opposing Counsel
Remain professional
Stay focused on the issue noticed for hearing
DO NOT … Argue irrelevant facts, medicine or law
Take more time than allotted
Argue directly with the opposing party or opposing
counsel
Speak poorly about a hearing officer inside or outside
of hearing room. THE WALLS HAVE EARS!!!
Fact PatternMachine malfunction
Drug impairment
Voluntary
abandonment
VSSR
Intentional Tort
CONCLUSION The purpose of the hearing is to persuade
the hearing officer to write an order in
your favor.
Show respect for the hearing officer by
being prepared, precise, polite and
knowledgeable.
Carl E. Habekost, Esq.
chabekost@bugbee-conkle.com
BUGBEE & CONKLE, LLP
405 Madison Avenue, Suite 1300
Toledo, Ohio 43604-1238
(419) 244-6788
www.bugbee-conkle.com