Georgia Workers Compensation Hearing. What to Expect.

Many injured employees have never been required to appear or testify in court prior to requesting a hearing on workers compensation benefits. Understandably, an injured employee may be concerned about what will happen at the workers compensation hearing. In modern society, many people envision courtroom proceedings as being filled with the suspense and conflict stereotyped by legal drama television shows. With this stereotype in mind, Georgia workers’ compensation hearings are actually rather anticlimactic.

Administrative Law Judge (ALJ)

The judge presiding over the workers’ compensation hearing is called an "administrative law judge" (often Georgia attorneys use the acronym "ALJ"). Unlike superior, state, probate, and magistrate court judges, an administrative law judge is not an elected official. Instead, the administrative law judge is appointed by the State Board of Workers’ Compensation.

Unlike most felony criminal trials that Americans are familiar with through the media, there are no juries involved in workers’ compensation hearings. Instead, the judge hears the testimony, reviews documents submitted at the hearing by the parties, and makes "findings of fact" (conclusions on the actual facts of the case based on the evidence presented by the parties through their attorneys). The judge then applies the Georgia Workers’ Compensation Act (and case law decisions interpreting the Act) to the facts to reach a decision.

Prior to the hearing, the judge will discuss "stipulations" and the issues in dispute with the attorneys. “Stipulations” are matters relevant to the hearing about which the attorneys have agreed there is no dispute. The use of “stipulations” shortens the length of the hearing and makes the process easier for the judge (since there will be less issues in dispute for which evidence will need to be weighed) and for the attorneys (since they can focus trial strategy and arguments on the important issues in dispute).

Presentation of Evidence

After the hearing has begun and stipulations are placed on the record by the judge, one of the parties will then present evidence. Which party goes first will depend on the subject of the hearing. Where an injured employee has never received benefits and a decision has not yet been made as to whether the employer and insurance company are liable for the on-the-job injury and providing workers compensation benefits, the injured employee will go first in presenting evidence. The hypothetical scenario below involves a case where the injured employee presents evidence first.

Employee Testimony

Usually, at this point, the injured employee will take the witness stand, be given an oath, and testify in response to questions from his attorney. After the injured employee’s attorney is finished asking questions, the defense attorney representing the employer and insurance company will then ask the injured employee questions on cross-examination. Sometimes, the injured employee’s attorney may have a few follow-up questions based on testimony provided during cross-examination and, of course, the defense attorney will have the opportunity to further cross-examine following any additional testimony produced by these follow-up questions.

Documentation

Once the injured employee and any other witnesses called by the injured employee’s attorney to establish evidence in favor of their position have finished testifying, the injured employee’s attorney will give documents (often medical records) to the judge as additional evidence (although some judges do this step at the beginning of the hearing). Any disputes (known as "objections") over whether the judge should consider the documents will be discussed and then the judge will make a decision as to whether to admit the documents as part of the record.

Assessed Attorney Fees

After the witness testimony has finished and documents have been submitted, the injured employee’s attorney may make a statement to the judge about his time or fees incurred in connection with the hearing if "assessed attorney fees" are an issue raised by the injured employee’s attorney. A request for "assessed attorney fees" by an injured employee is a request that the employer and insurance company pay for his attorney’s time and other expenses involved in bringing the case to hearing. The defense attorney will have the chance to ask questions relating to the time and rates charged by the injured employee’s attorney.

Employer/Insurance Defense

Once the injured employee’s attorney is finished with presenting the injured employee’s case, the defense attorney will have the opportunity to present evidence (through witness testimony and documents) in support of the employer and insurance company’s defense of the benefits requested by the injured employee.

Court Ruling and Award

Unlike many other types of legal proceedings, once the parties are finished presenting evidence, the judge at a workers compensation hearing usually does not make a ruling at the hearing on the issues being disputed between the parties. Instead, the judge will "close the record" (meaning that no more testimony or documentary evidence will be presented to the judge). The judge will usually announce an expected deadline for the court reporter to have finished typing everything that was said at the hearing (called a "transcript"). The judge will then give a later deadline for the attorneys to write a "brief" to submit to the judge. A "brief" is a tool for the attorneys to discuss in writing what they believe to be the important facts, laws, and arguments in support of their positions.

After the judge has reviewed the transcript, documents placed into evidence, relevant portions of Georgia law on workers compensation, and the attorneys’ briefs, the judge will issue a written "award". Through the "award", the judge announce her findings of fact, the cases and statutes considered in her reaching her decision, and the judge’s decision on the disputed issues. Ordinarily, if an injured employee has been awarded weekly benefits by the judge, the employer and insurance company will have 20 days to mail and postmark the checks (or 17 days if the checks are mailed from outside Georgia) unless the judge’s decision is appealed by either party.

As you can see, a Georgia workers compensation hearing is unlike many other legal proceedings. Fortunately, many witnesses involved in a Georgia workers compensation hearing find that the hearing was less stressful than anticipated. While sometimes the parties may be frustrated by a decision not being issued until weeks after the hearing, having the chance to step away from the courtroom, review the evidence, and present written briefs to the judge allows the attorneys to be more thorough in presenting their arguments. Also, the time between the hearing and award allows the parties a chance to reassess the strengths and weaknesses of their case, which could potentially lead to settlement after the hearing, but before the judge issues her award.

If you have any concerns about the hearing process, be sure to discuss those with your attorney in advance of the hearing. If you have any questions about Georgia workers compensation law or need help in seeking workers compensation benefits in Georgia, feel free to contact my office, I would be more than happy to talk with you.

From the author: Georgia Workers Compensation Attorney

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