One of the TV shows I watched growing up was Perry Mason. I remember thinking how exciting it must be to be an attorney. For a long time I thought the legal process was just like how it was depicted on television.
Boy, was I wrong.
Minnesota workers’ compensation hearings is the final step, outside of an appeal, to your workers’ compensation matter. The hearings are different than your typical civil trial.
The workers’ compensation hearing is before a compensation judge and not before a jury of your peers. A compensation judge will listen to all testimony and review all the evidence before rendering a written decision within 60 days.
At the time of hearing, the following will most likely occur:
- Attorneys will exchange exhibits that will be offered to the court;
- Opening statements from each party;
- Witnesses are sworn in before testifying;
- Witnesses are called to the witness stand to testify. This is the where I would call the injured the worker to testify about the injury, notice of the injury, medical treatment, wage loss, and any other relevant issues;
- Cross-examination of witnesses presented by other parties. Most likely than not, the opposing attorney would cross-examine the injured worker;
- Call any additional witness to the stand;
- Parties also may submit exhibits of documents and reports which they want included in the formal hearing record; and
- Each party may present a final statement on the claim and defenses. All hearings are conducted on record by tape recorder or by court reporter.
After the hearing the judge will issue a Findings and Order. The decision may be appealed to the Minnesota Workers’ Compensation Court of Appeals within 30 days of the filing of the Findings and Order.
Although the information above seems fairly simple there is a lot that goes on during a hearing that a lay person may not understand. This could include objections to testimony and evidence, courtroom decorum, legal arguments and standard, etc. Before you face a workers’ compensation hearing alone make sure to contact an experienced workers’ compensation attorney.
