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  1. #1
    Join Date
    Dec 2013
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    5

    Default Commission Level Workers Comp Hearing

    I have a case that has been on going for an injury and my employer has been fighting every step of the way. I have got rulings in my favor but the last situation I had was for back pay from when I was laid off work to my surgery date. It was approved an paid out to my lawyer and myself through SHO. My employer appealed and the commission level had accepted the hearing. Well my lawyer never informed me this was in a different city 4 hours away from me so I missed my hearing. I also had a stand in lawyer because mine was on vacation. The stand in never returned my call when I realized I was not going to make it. I am so mad at myself. What are the chances of the commissioners overturning this since I was not present to explain my side? Is it normal for them to pay out a claim and then have it overturned so I will have to pay them back? Could I appeal? Help!

  2. #2
    Join Date
    Oct 1971
    Posts
    5,201

    Default Re: Commision Level Hearing

    mgreller
    Well my lawyer never informed me this was in a different city 4 hours away from me so I missed my hearing.
    Is it normal for them to pay out a claim and then have it overturned so I will have to pay them back? Could I appeal?
    Would you allow the IC to appeal if you got a default judgment because they didn't show?
    You better have a better reason than what you stated if you want to file an appeal, no judge on the planet will buy that story.

    What are the chances of the commissioners overturning this since I was not present to explain my side?
    Excellent, you didn't present your case, you forfeited.
    I'm positive they gave your employer everything they wanted, they had no reason to rule otherwise.

    You should've received a letter stating the time, place and whether or not your presence was required at this hearing.
    There's no excuse for not showing, the courts have zero tolerance for no shows, if this was a civil case you would be looking at contempt charges.
    I'll guarantee, they entered a default judgment against you, you left them no choice.

    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.

  3. #3
    Join Date
    Jun 2012
    Posts
    39

    Default Re: Commision Level Hearing

    in Ohio the IW is rarely needed in attendance and if present , rarely get to speak, especially in matters as yours where the what and the why are very straightforward: i.e the back pay would be only a matter of the surgery being accepted for a work related injury or not and, if so, when does MMI start and end. Strictly technical matters.
    Not really any need for you to explain anything. Your attys office should have been your first call, what did they have to tell you ?

  4. #4
    Join Date
    Oct 1971
    Posts
    5,201

    Default Re: Commision Level Hearing

    Chiron
    in Ohio the IW is rarely needed in attendance
    Like I said, you would receive a notice stating the time, place and whether you need to attend.
    The poster said "my lawyer never informed me this was in a different city 4 hours away from me so I missed my hearing"
    I guarantee you that ain't gonna fly

    attendance and if present , rarely get to speak, especially in matters as yours where the what and the why are very straightforward:
    Don't know what post you're responding to but this was a commission level hearing, there's nothing straightforward about that.
    Depending on the issues the employer based the appeal on, the claimant's presence may have been mandatory.
    I assure you, if attendance was required, there was a default judgment entered against him.

    Sure, if his attendance wasn't required, no problem but it doesn't sound that way to me - he would've received a notice stating such.

    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.

  5. #5
    Join Date
    Dec 2013
    Posts
    5

    Default Re: Commision Level Hearing

    Yes my first call was to my lawyer who was on vacation. He told me that the stand in would just have to do the best he could for me. I then called the stand lawyers office since I do not have his direct line. I was forwarded to voicemail after explain what was going on. I have heard nothing from either lawyer since this happened. The notice I was sent said that I was urged to be there. Believe me I understand how bad this looks and is. This has been constantly on my mind and I have barely slept since this happened. It was the most expensive stupid mistake I have ever made. The date of payment I am fighting for is from my layoff date to my surgery date. So far everything from my surgery date going forward has been covered and I have received compensation. I do not understand why workmans comp paid me for the claim the commissioners were hearing if there was a chance this could be overturned?

  6. #6
    Join Date
    Oct 1971
    Posts
    5,201

    Default Re: Commision Level Hearing

    mgreller
    The date of payment I am fighting for is from my layoff date to my surgery date.
    The issue may be the reason for the layoff, was it for misconduct or a failed drug test?
    Like I said, it all depends on the issues the employer raised at the hearing, it may be nothing or it could be a deal breaker.
    Don't panic until you talk to your attorney, he may have saved the day - I'm just speculating.

    Tony
    Last edited by tony; 12-15-2013 at 03:58 PM.
    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.

  7. #7
    Join Date
    Dec 2013
    Posts
    5

    Default Re: Commision Level Hearing

    No the layoff was because they were not abiding to my light duty restrictions from my doctor. I told them I could not perform work they wanted me to do so they made me sign a layoff letter.

  8. #8
    Join Date
    Oct 1971
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    5,201

    Default Re: Commision Level Hearing

    Quote Quoting mgreller View Post
    No the layoff was because they were not abiding to my light duty restrictions from my doctor. I told them I could not perform work they wanted me to do so they made me sign a layoff letter.
    NO!!!!! They're going to claim you voluntarily removed yourself from the labor market.
    Did you get permission from your attorney to do this?
    Never sign anything, especially a layoff notice stating you refused work for any reason.

    If you can't perform the work, you should give it your best, never refuse.
    Force their hand, let them lay you off for lack of performance or unable to accommodate restrictions, never quit!

    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.

  9. #9
    Join Date
    Jun 2012
    Posts
    39

    Default Re: Commision Level Hearing

    I'd be interested in what your atty finally tells you. In actual practice this type of scenario is not uncommon in Ohio and, to your original question, you attendance at the Commission level would not necessarily add anything to the discussion as long as the atty had a statement from the physician as to your restrictions due to work injury and an advisement to not work above those restrictions or similar documentation. What is being discussed is a matter of law and would not involve you. Absent that type of evidence, the Commissioners would want to hear your direct testimony as to the circumstances leading to the "voluntary" layoff. In my experience no atty would make the trip to Columbus to stand in front of the panel if his ducks weren't all in a row - that is unless there was one hell of a screw up from that office about notifications. But Tony is correct - keep your atty involved at all times.

  10. #10
    Join Date
    Oct 1971
    Posts
    5,201

    Default Re: Commision Level Hearing

    Chiron
    What is being discussed is a matter of law and would not involve you.
    No, his decision to refuse offered employment doesn't involve him at all. - you're kidding right?

    In my experience no atty would make the trip to Columbus to stand in front of the panel if his ducks weren't all in a row - that is unless there was one hell of a screw up from that office about notifications.
    I would call the client failing to appear without notice "one hell of a screw up" if not an ambush, especially if the issue was a voluntary layoff.
    There was no screw up from that office about notifications, they did their job.
    The poster said "The notice I was sent said that I was urged to be there."

    What do you mean by "In my experience"
    Are you an attorney?

    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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