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  1. #11
    Join Date
    Dec 2013
    Posts
    2

    Default Re: Represent Myself at a WC Hearing

    Quote Quoting complwyr View Post
    I have been trying cases in court for 25 years. I have handled many appeals as well, including the one I argued about 11 hours ago at our Full Commission. I can assure you that I am not missing the point. I cannot imagine that in Hawaii they conduct an evidentiary hearing that has an appeal process, and they don't make a record of the evidence presented during the hearing. The notes made by the hearing officer would not be the "record" because those notes are not "evidence." Because of that, the notes probably do not really matter. But a "record" does matter, or at least it should. An appeal is not about holding the original hearing officer "responsible" but rather about giving the parties procedural due process, as required by the Constitution, and trying to provide justice. How do you appeal if there is no record made? Even 17th century courts made records.
    As bad as it sounds They take notes on a yellow pad of paper with pencil! This is Obama's home state and that's how its done. Since there is NO MONEY IN IT FOR LAWYERS, you can't find one here that will help out? Please look up this guy LOL, Dr. Chris Brigham who specializes in impairment assessment, workers' compensation, independent medical examinations ( I.M.E. ), disability management, and occupational medicine. He is controlling the IME work in this State and gets a percentage of the pool of Doctors to deny any and all benefits. He wrote the book for the AMA. Can you spell RICO... We have no choice in Hawaii but to represent ourselves? I have bigger revelations to reveal and currently not overwhelmed/prepping for my court date.

    AAA Watchdog

  2. #12
    Join Date
    Apr 2017
    Posts
    2

    Default Re: Represent Myself at a WC Hearing

    386-86 Proceedings upon claim; hearings.

    (a) If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law. The director may extend the due date for decisions for good cause provided all parties agree. The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.

    (b) The hearing shall be informal and shall afford the parties a full and fair opportunity to present the facts and evidence to be considered. Hearings under this section shall not be subject to chapter 91. No stenographic or tape recording shall be allowed.

  3. #13
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Represent Myself at a WC Hearing

    Quote Quoting law.study808 View Post
    386-86 Proceedings upon claim; hearings.

    (a) If a claim for compensation is made, the director shall make such further investigation as deemed necessary and render a decision within sixty days after the conclusion of the hearing awarding or denying compensation, stating the findings of fact and conclusions of law. The director may extend the due date for decisions for good cause provided all parties agree. The decision shall be filed with the record of the proceedings and a copy of the decision shall be sent immediately to each party.

    (b) The hearing shall be informal and shall afford the parties a full and fair opportunity to present the facts and evidence to be considered. Hearings under this section shall not be subject to chapter 91. No stenographic or tape recording shall be allowed.
    You need to post the source for this info.
    It doesn't matter how they record or document the proceedings - the fact is they do.
    As the above states "The decision shall be filed with the record of the proceedings and a copy of the decision"

    This is in reference to an informal hearing at the department level, when you reach the appeal board it's a whole new ball game.
    Why represent yourself at the department level and screw up any chance of winning at the appeal board level?
    Just hire a lawyer from the start - you'll be money ahead, protect your rights and save your sanity.

    Q - Do I need an attorney?
    There is no requirement that you hire an attorney to represent you in your workers’ compensation case. However, you are strongly encouraged to retain an attorney to represent you before LIRAB. Many injured workers, and almost all insurance carriers, as well as the State and County, are often represented by attorneys at LIRAB.
    The proceedings before LIRAB are more formal than the proceedings at the Department level. LIRAB’s Rules of Practice and Procedure must be followed by all persons appearing before LIRAB. Not following the Rules can be harmful to your appeal.

    Q - I didn’t know about a particular law or rule or order. Am I excused?
    All parties are required to comply with the laws, rules, and orders of LIRAB. Ignorance of such laws, rules, and orders shall not be accepted as an excuse by LIRAB.
    http://labor.hawaii.gov/lirab/faqs-work-comp/

    wcinkauai
    Is it possible to represent myself in WC hearing? Anyone had success doing this?
    It's possible, the question is, why?

    It's possible to stitch up your own wound but it would be smarter to let a medical professional do it.
    In the same way, it's not to your disadvantage to attempt something that requires knowledge and training - I guarantee you'll come out on the short end of the stick.
    Just hire a lawyer and be done with it.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  4. #14
    Join Date
    Apr 2017
    Posts
    2

    Default Re: Represent Myself at a WC Hearing

    https://www.hawaii.edu/uhwo/clear/home/HRS386-1.html

    HRS Chapter 386 HAWAIʻI WORKERS' COMPENSATION LAW

    and another one you need to read is the HAR Hawaii Administrative Rules https://labor.hawaii.gov/dcd/files/2...2-10-rules.pdf

    Here you go. You will find all the information you need. The only problem with not having any type of recording for the DCD hearings level is that its a matter of he said she said at the hearing. A good way to make a records of what was said at the hearing is to take notes and make sure you get the names of each person present. After the hearing with a week submit a letter in writing recapping the discussions of what was said and share your concerns and ask questions. If you don't receive a response then at least you gave them an opportunity to rebuttal what was said and to correct any misunderstandings. This will establish a written record of the hearing and what was said.
    Last edited by law.study808; 07-12-2017 at 08:15 PM.

  5. #15
    Join Date
    Oct 1971
    Posts
    5,171

    Default Re: Represent Myself at a WC Hearing

    law.study808
    After the hearing with a week submit a letter in writing recapping the discussions of what was said and share your concerns and ask questions. If you don't receive a response then at least you gave them an opportunity to rebuttal what was said and to correct any misunderstandings. This will establish a written record of the hearing and what was said.
    I agree, this would be an excellent strategy to establish a record of the verbal side of the hearing if needed in the future.
    It's not like there's "no record" of the hearing - they do have the doctor/witness statements, arguments and medical reports that where submitted in writing.

    The statute says "No stenographic or tape recording shall be allowed." that doesn't mean there isn't a paper trail - there's still a physical record of the hearing.
    Again, I would strongly encourage people to hire a lawyer at the appeals level, not knowing the rules and procedure can damage your case.

    Do I need an attorney?
    There is no requirement that you hire an attorney to represent you in your workers’ compensation case. However, you are strongly encouraged to retain an attorney to represent you before LIRAB. Many injured workers, and almost all insurance carriers, as well as the State and County, are often represented by attorneys at LIRAB.
    The proceedings before LIRAB are more formal than the proceedings at the Department level. LIRAB’s Rules of Practice and Procedure must be followed by all persons appearing before LIRAB. Not following the Rules can be harmful to your appeal.
    http://labor.hawaii.gov/lirab/faqs-work-comp/

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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