Posted: February, 2013
Commission Updates Hearing Block / Continuance Guidelines
The Industrial Commission adopted Resolution R12-1-03 which provides a new policy for requesting hearing blocks, as well as new guidelines for hearing administrators and hearing officers to determine whether good cause or extraordinary circumstances exist to justify granting a continuance. The new policy, which replaces Resolution R12-1-02, went into effect on December 31, 2012.Hearing Blocks
- Authorized representatives can “block out dates” (request no hearings on certain dates) if they request the block out at least 15 state business days before the date requested.
- Representatives can request the Commission to block out a total of 50 half-days per calendar year.
- Although representatives cannot request to have a whole day blocked out, they can use two half days to have a whole day blocked out.
- Representatives can request “site blocks”, which means blocked out hearings in certain parts of the state only, but such site blocks will count toward the 50 half-days the representative is permitted per calendar year.
- Representatives should manage their requests for block out dates through ICON (the Industrial Commission Online Network).
- Recent retention of a representative, if the party acted with due diligence.
- Pending settlement.
- Employer, acting with due diligence seeking signed medical release, needing additional time to obtain medical records or medical report.
- Hospitalizations, medical emergencies, deaths in immediate families, car accidents, weather emergencies.
- Failure to properly set forth names and addresses of parties and representatives on the notice of hearing.
- Processing a discovery request which was not foreseeable and could not have been filed earlier.
- If a party or representative receives notice of an unforeseeable court date.
- Recent retention of a representative, if the party acted with due diligence.
- Ability to rebut new opposing evidence only if it raises unforeseeable issues or the volume of the evidence precludes the ability to conduct a proper hearing.
- If a representative is listed as the docketing representative in multiple claims when hearings are scheduled, conflicting hearings constitute good cause.
- A documented court conflict which either existed when the hearing was scheduled or which another party scheduled without input from the representative.
Information provided courtesy
of the Ohio
Workers'
Compensation Bulletin.