A hearing for a Minnesota worker comp case is the trial. It is the culmination of every worker’s compensation case. There is no jury at a hearing—just a judge. This judge is an Administrative Law Judge, or “ALJ.” These judges have the power to rule on every workers’ compensation issue, but not the power to rule on other issues, such as sentencing someone to jail or ordering them to pay child support. Certification Before a hearing can be scheduled, the case must be “certified.” A judge will certify the case if the attorneys indicate that they cannot settle it. This usually occurs at the settlement conference, which is a meeting with the attorneys and the judge about six months after a Claim Petition is filed. Once a case is certified, it is placed on the trial docket. Witnesses Both sides are able to call their own witnesses at a hearing. A witness does not have to be an eyewitness to the injury. Live witnesses are usually the employee for the employee’s side, and the employee’s supervisor for the employer. Attorneys for both sides will question each witness to elicit testimony that is helpful for their case. Also, in MN workers’ compensation cases, doctors may testify through their written reports. For this reason, the employer/insurer will admit their IME (independent medical exam) report, and the employee will submit a written narrative report, or letter, from the treating physician or surgeon. Evidence All testimony at the hearing is evidence. Additional evidence may also be submitted. This usually includes medical records, medical bills, photographs, and the written fee agreement between the employee and his or her attorney. Attorneys can stipulate to admitting evidence, or they can object and the judge will rule whether the evidence is admissible or not. After evidence is admitted, the attorney who sought for its admission will ask the witness about it. For example, if the employee’s attorney admitted the employee’s medical records, the attorney will then ask the employee about the medical treatment, including whether it helped the employee. Also, if wage loss is an issue, the employee’s attorney will admit evidence of the employee’s earnings before the work injury to show what the employee has lost after the injury. Decision After the hearing, the ALJ will issue a decision. This decision will most likely not be told to the parties after the conclusion of evidence. The judge will write the decision with a memorandum detailing the reasons for the decision. Appeals If the losing party thinks that the judge’s decision lacks legal merit, then that party may appeal. Parties have 30 days from the date of the decision is filed to the time they can appeal. After that, the time is expired.
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A hearing for a Minnesota worker comp case is the trial. It is the culmination of every worker’s compensation case. There is no jury at a hearing—just a judge. This judge is an Administrative Law Judge, or “ALJ.”
John Anderson is the author of this article on MN workers compensation. Find more information about Minnesota worker compensation here.
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