What to expect at an Industrial Commission Hearing.
You are scheduled for a hearing before the Industrial Commission. You want to know what to expect and how to prepare for the hearing. Here are some thoughts to answer those questions:
H How. Look at your notice from the Industrial Commission. Plan ahead to learn the location and how to get there by car or public transportation. Give yourself plenty of time for traffic, parking, security and weather conditions. We recommend our clients arrive at least 15 minutes before the scheduled hearing time.
E Etiquette. The hearing is a legal proceeding. It is not as formal as a hearing in a courtroom, but dress respectfully. Often clients attend the hearings in work attire. That is fine. Otherwise, business causal is recommended i.e. sweater and pants/skirt. Things like T- shirts with offense sayings or halter tops are not suggested. And gentleman, take your hats off when the hearing begins.
A Attitude. Be polite to the Hearing Officer as well as the opposing parties in attendance at the hearing. An allotted time is given for each hearing depending on the issue. It is important to stay focused on the issue and answer the questions that are raised at the hearing in a concise manner. The hearings are fact finding proceedings and you are in the best position to give the facts as it’s your claim.
R Rulings. Decisions are generally not announced at the hearing. The parties and their representatives will receive an order by mail within about a week of the hearing. You can also access the order via the Industrial Commission website (ICON) if you have an account set up.
I Identification. The hearings are held in state buildings. You will be required to have photo identification with you. You will also be required to go through security and a metal detector.
N Notices. The Notices of Hearing are issued three weeks prior to the hearing date. Barring some really rare or unusual circumstance, the parties cannot ask for a specific date or time for a hearing. If there is a schedule conflict, then the Industrial Commission must be notified immediately. A hearing can be postponed if there is good cause i.e. conflict with a work schedule, previously planned vacation etc. We discourage postponing a hearing, but sometimes it is unavoidable
G Gather. Evidence is gathered prior to the hearing and submitted to the claim file for the Hearing Officer to review. Accident reports, medical records, medical reports and witness statements are generally the evidence submitted for consideration in a claim. The parties or the representatives are required to exchange copies of any evidence filed in a claim.