203 IAC 1-1-6 - Hearings
Authority: IC 5-2-6.1-46
Affected: IC 4-21.5; IC 5-2-6.1
Sec. 6.
(a) When a
hearing is ordered, the claimant, counsel, and all parties whose testimony is
deemed necessary by the division shall be notified in writing of the time,
place, and scope of the hearing in accordance with IC 4-21.5. Any subsequent
notices of hearing due to a request for continuation by the claimant or
claimant's attorney shall be sent by first class United States mail.
(b) All hearings shall be conducted in an
orderly manner. All witnesses shall testify under oath or by affirmation, and
all testimony shall be recorded. The hearing officer shall not be bound by
common law, statutory rules of evidence, or judicial rules of
procedure.
(c) The claimant has the
burden of proving his or her right to compensation by a preponderance of the
evidence.
(d) The hearing officer
may receive as evidence any statement, document, information, or matter that is
deemed relevant and of such a nature as to afford the parties a fair hearing.
The hearing officer may also accept hospital and physician's records and
reports as proof of the injury sustained without requiring the presence of the
attending physician at the hearing.
(e) The hearing officer may direct medical
examination of the claimant by a physician designated by the hearing officer,
having due regard for the convenience of the claimant.
(f) The claimant shall be present at the
hearing and will be allowed to present testimony and cross-examine witnesses in
person or by counsel.
(g) Hearings
may be adjourned on the motion of the hearing officer or upon timely request of
any interested party. The failure of the claimant to appear at the time of the
hearing may result in denial of the claim; provided, however, in the discretion
of the hearing officer upon good cause shown, such failure to appear may be
excused and a new hearing scheduled.
(h) Hearings shall be open to the public
except that the hearing officer may exercise discretion to hold the hearing in
private in the interest of the victim or society where justice
requires.
(i) Upon the application
of the claimant or by counsel, submitted in affidavit form, or upon application
of the hearing officer, a case may be opened for further investigation. If the
hearing officer finds it necessary, further testimony may be taken at any time
prior to the final determination of the hearing. The division may, on its own
motion, reinvestigate or reopen cases at any time as it deems
necessary.
(j) All hearings of the
division shall be held at its offices in Indianapolis, Indiana.
Notes
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No prior version found.