Presenting Evidence at Expedited Hearing

Evidence in Workers’ Compensation Cases

Evidence is anything that increases or decreases the likelihood of a fact. Types of evidence include:

• Witness statements (live or written).
• Documents.
• Emails.
• Texts.
• Objects.
• Video and audio recordings.
• Photographs.
• Any other reliable information.

Evidence is used to establish:

• Who was involved.
• What caused the injury.
• Where and when the injury occurred.
• Why it happened.
• How it affects the worker.

Preparing for the Expedited Hearing

Key Points to Review:

• Basic facts of the case.
• Treatment undergone.
• Current employment status.

Testimony: Describing Your Injury to the Judge

Preliminary Questions

The judge will typically ask:

• Your full name for the record.
• Your address, date of birth, and other basic information.

Opening Statement

• Clearly state the benefits you are requesting:
  • "Your Honor, I am here today requesting that you order my employer to provide me with benefits related to my injury on working as an employee for _."
    • Fill in the blanks with the specific benefits (medical and/or temporary), date of injury, and employer's name.
• Be specific about the type of benefits sought and the exact date of the injury.

Describing Your Role and Employment Situation

• Provide details about your employment:
  • "On around , I was employed by as a . My job duties included ___."
    • Fill in the blanks with: date of injury, time of day, employer's name, job title, and a list of your job duties.
• Clearly explaining your role and employment situation are crucial factors.

Describing the Injury Event

• Provide a detailed account of the injury:
  • "When the injury occurred I was and I was _ ."
    • Specify where you were and what you were doing when you got hurt.
  • What happened to cause your injury? Describe the event in detail to the judge.
  • What body part did you injure?
  • Where did you feel pain?
  • When did you feel pain?
  • Were there any witnesses?

Reporting the Injury

• Explain when and how you reported the injury:
  • "After the accident I reported my injury to on ____ ."
    • Include the full name and title of the person you reported to, and the date and time.
• What did you say when you reported the injury?
• Did you tell your employer that the injury was a work injury?
• Did you request medical treatment because of your injury?

Medical Treatment: Testimony and Evidence

Medical Treatment Details

• Describe your medical treatment to the judge.
• What was the diagnosis?
• What did you understand your diagnosis to be?
  • Avoid Hearsay. Do not speak for the doctor. Avoid statements like, “The doctor told me that I needed to…”
• Did you receive a form (or panel) listing three doctors from your employer (or insurance carrier) to choose from?
  • If yes, who did you select?
• Did you seek treatment on your own?
  • Circle one: Doctor / Nurse
• Was an appointment made for you? Yes or No, because

Medical Records as Evidence

• Be prepared to provide the Court Clerk with a copy of your medical records.
• If the medical records have not already been entered into evidence by agreement.
• Offering Medical Records:
  • "Dr. ___ has expressed an opinion regarding the cause of my injury and need for medical treatment, and I would like to offer the medical records of Dr. ___ into evidence at this time."
• Eligibility for Benefits:
  • You may qualify for benefits if your doctor finds that it is more likely than not (over 50%) that the work incident caused your injury, need for medical treatment or need to be out of work.

Lost Time from Work: Testimony

Impact of Injury on Work

• Explain any lost time from work due to the injury.
• The doctor may take you off work completely or give you restrictions.
• Those restrictions may qualify you for temporary disability (lost wage) benefits.
• Were you placed on light duty?
• Were you taken off work?
• Were you given restrictions, but no light duty was offered? *Consider:
  • Reduced wages?
  • Reduced hours?
  • Did employer offer light duty within your restrictions?
  • What is your current work status?

Maximum Medical Improvement (MMI)

• "Dr. ___ did not place me at MMI until ___ and I was compliant with medical treatment and requests by _ to attend an IME (Independent Medical Examination) (if applicable)."
• Tell the judge that you would like to enter medical records showing your restrictions if they have not already been submitted into evidence.
• Be sure that your wage statement is entered into evidence by agreement.
• MMI Definition:
  • MMI is short for "maximum medical improvement".
  • A doctor places you at MMI when it is believed you have recovered from your injuries as much as you can.
• Importance of MMI:
  • Your entitlement to temporary benefits will end on the date you reach MMI.

Returning to Work: Testimony

Returning to Work Details

• Did you go back to work for the employer?
  • No, because ___
  • Yes, on _
• Are you making the same amount of money as before your injury?
  • Yes
  • No _ $$"$