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By: Anthony A. Baucco
If you recall, my article in the last newsletter was entitled “The Industrial Commission of Ohio Initiates Video Hearings.” I emphatically told you that video hearings were “here to stay.” As you can see, my prediction was a bit off, as the title of this article will tell you. Keep in mind that I also picked the Browns to win the Super Bowl in 2008, so that should tell you a little something about my prognosticating skills.
On a serious note, the Industrial Commission of Ohio effectively discontinued the regular use of video hearings on January 25, after approximately seven months of use.
To refresh your memory, a video hearing is the same as a regular Industrial Commission hearing, with one exception. Instead of a hearing officer physically sitting at a desk in the hearing room, a video monitor is in his place. The hearing officer is visible on the video monitor to all parties in the hearing room. The hearing officer is able to see and hear everything that takes place in the hearing room and is able to easily communicate with all parties.
Due to significant concerns voiced by employers and injured workers alike, the Industrial Commission of Ohio decided to no longer regularly schedule video hearings; however, the video equipment will still be utilized, as video hearings may still be held in certain specific situations.
As per the Industrial Commission of Ohio, video hearings may be held in three situations:
1. When there is inclement weather;
2. When a hearing officer is ill and cannot attend a scheduled hearing, another hearing officer may conduct the hearing via the use of the video equipment; and,
3. When a pre-hearing conference is scheduled.
Please note that in each of these situations, all parties must agree to proceed with the video hearing. Therefore, if at least one party does not wish to proceed with the video hearing, the hearing officer is obligated to continue the hearing and reset the matter.
From a practical standpoint, we, as your attorneys, will need to make a quick judgment call as to whether or not to proceed with a video hearing if the situation presents itself. The issue set for hearing and the complexity of the same will likely be the determining factors; however, many different issues would also factor into our decision. For instance, if our motion to terminate an injured worker’s temporary total disability compensation was at issue, I might not want to continue the video hearing and essentially give the claimant another month of disability compensation. Likewise, if a relatively straight-forward treatment dispute was at issue, I might be comfortable proceeding with a video hearing. On the other hand, if I have four witnesses present for a strongly contested initial allowance hearing, I would probably prefer not to go forward with a video hearing. Of course, these are just a few scenarios that might arise. At the end of the day, if I feel that I can adequately represent your interests at a video hearing, I will do so. If not, I will respectfully request that the hearing be continued.
Please do not hesitate to contact Anthony Baucco or any of the experienced workers’ compensation attorneys at RBS to discuss the use of video hearings or any other workers’ compensation matter that’s on your mind.