This document provides an overview of preparing for and presenting at workers' compensation hearings before a hearing officer. It notes that hearing officers have tight schedules, conducting 80 hearings per week. Proper preparation includes identifying relevant facts, medical evidence, and laws to support one's case. The party with the burden of proof needs to establish all three "lights" - facts, medicine, and law - to prevail. At the hearing, one should focus on the strongest points, be respectful, and stay within time limits. The goal is to persuade the hearing officer to issue an order in one's favor.

1. Carl E. Habekost, Esq.
BUGBEE & CONKLE, LLP
405 Madison Avenue, Suite 1300
Toledo, Ohio 43604-1238
(419) 244-6788
www.bugbee-conkle.com

2. OVERVIEW
Introduction
P³
 Purpose
 Preparation
 Presentation
Fact Pattern Hearing Review

3. INTRODUCTION
 Time is of the essence
 Typical Hearing Officer schedule
 20 hours of hearings per week
 4 hearings per hour at 15 minutes per hearing
 80 hearings per week

4.  40 hours x 60 minutes per hour = 2,400 minutes
 2,400 minutes 80 hearings = 30 minutes per
hearing file
 15 minutes per hearing, 15 minutes to review and
write order
 Hearing Officer Memo K5 requires that the
hearing officer issue a final written order within 24
hours of the conclusion of the hearing

5. Statutes
 O.R.C §4121.34
 District Hearing Officers
 O.R.C §4121.35
 Staff Hearing Officers
 O.R.C §4121.36
 Industrial Commission Hearing Rules
 Elements for Order Writing

7. PURPOSE
WIN!
Win with an order written in
your favor.

8. Alternative Purpose
The Teaching of the Vizier
Ptahhotep

9. PREPARATION
 O.A.C. 4121-2-01
 Standard of Practice
 O.A.C. 4121-3-09
 Conduct of Hearings

10. PREPARATION
 Identify:
 Your “case”
 What do you want the hearing officer to do
for you?
 Supporting evidence
 Facts
 Medicine
 Law

11. Traffic Light Analysis
•FACTS
•MEDICINE
•LAW

12. Traffic Light Analysis
The party with the burden of proof
needs three green lights to prevail.
Who has the burden of proof?
The moving party.

13. Facts
 W4 + H
 Accident, investigation
and police reports
 Attendance records
 Witness statements
 Job descriptions
 Employee handbook
 Social media search

14. Medicine
 Emergency room
reports and medical
records
 Medical history
 Diagnostic studies
 IME reports
 Medical forms
regarding disability
and causation

15. Law
 Claim allowance
 In the course of and arising out of employment…
 Natural degeneration of tissue
 Employee v. independent contractor
 Compensation
 Voluntary abandonment
 Maximum medical improvement
 Refusal of job offer
 Statute of Limitations
 Occupational disease v. “wear and tear”

16. Hearing Room Issues
 Need more than 15 minutes?
 Contact the Hearing Administrator
 Need a court reporter?
 Hearing Officer Memo R2
 Audio visual evidence?
 Hearing Officer Memo R7

17. Submitting Documents
 Industrial Commission Online Network (ICON)
 All documents submitted are imaged into the
electronic claim file.
 Hearing officers review the evidence on ICON to
prepare for hearing using the electronic claim file.

18. PRESENTATION
“Sure he stretched some things, but
mostly he told the truth.”
- Mark Twain
.

19. PRESENTATION
• Hearing presentation is the art of
eliminating the unnecessary.
• Know your audience
• Focus upon the issue(s) noticed for
hearing

20. Strategy
 Lead with your strongest point
 Tell the hearing officer what you want and
what evidence and/or legal theory you are
relying on as support
 Refer to evidence on ICON with the date
imaged
 Discuss evidentiary issues with opposing
counsel prior to the hearing

21. DO …
 Be respectful to:
 Hearing Officer
 Injured Worker
 Employer
 Opposing Counsel
 Remain professional
 Stay focused on the issue noticed for hearing

22. DO NOT …
 Argue irrelevant facts, medicine or law
 Take more time than allotted
 Argue directly with the opposing party or opposing
counsel
 Speak poorly about a hearing officer inside or outside
of hearing room. THE WALLS HAVE EARS!!!

23. Fact Pattern
 Machine malfunction
 Drug impairment
 Voluntary
abandonment
 VSSR
 Intentional Tort

24. CONCLUSION
 The purpose of the hearing is to persuade
the hearing officer to write an order in
your favor.
 Show respect for the hearing officer by
being prepared, precise, polite and
knowledgeable.

25. Carl E. Habekost, Esq.
chabekost@bugbee-conkle.com
BUGBEE & CONKLE, LLP
405 Madison Avenue, Suite 1300
Toledo, Ohio 43604-1238
(419) 244-6788
www.bugbee-conkle.com