STATE
OF
OFFICE
OF ADMINISTRATIVE HEARINGS ON
VIDEO
WORKERS’
COMPENSATION SECTION CONFERENCES
AND
VIDEO
HEARINGS
Pursuant to Minn. Stat. §
176.107, a hearing, administrative conference, or settlement conference may be
conducted using video conferencing equipment.
OAH is electing to conduct some proceedings by video conferencing in
order to provide a timely, fair, and cost-efficient proceeding. In such cases:
1. Notice
of the conference or hearing will be provided in the usual manner pursuant to
Minn. Stat. § 176.341, subd. 3,
176.106, subd. 3, and Minn. Rules, part 1415.3700,
subp. 2. The
notice will indicate that the proceeding will be conducted by video conference.
2. The
notice of the proceeding will indicate the video sites selected. The parties, attorneys, and witnesses have
the option of participating from either location selected; however, if a
participant plans to appear at a site other than the site closest to the
participant’s mailing address, the participant or attorney shall notify OAH of
the site selected.
3.
Exhibits for hearings must
be received by OAH (at the location of the judge) and the other parties no
later than three business days before the hearing unless other arrangements are
approved by the judge. The parties shall
submit joint exhibits to the extent possible to avoid duplication of exhibits,
particularly when submitting lengthy medical records. The exhibits shall be submitted directly to
the OAH office that scheduled the matter and NOT to the Department of Labor and
Industry. Exhibits shall be placed in a
manila envelope, sealed, and marked as “Exhibit of ________(Employee,
Insurer, Special Compensation Fund, Intervenor)”
along with the employee’s WID number and name, and the date of the
proceeding. The sealed exhibit envelope
must be submitted with a cover letter including instructions that the exhibits
be delivered to the judge unopened.
4.
Administrative conference
exhibits must be received by OAH (at the location of the judge) and the parties
at least one full business day before the conference time unless other
arrangements are approved by the judge. Conference exhibits delivered by mail
or by personal delivery shall be packaged as provided in number 3 above. Faxed exhibits must be clearly marked on the
cover sheet as “Exhibits for conference on _____(date)
for hand delivery to the judge” and must include the name and WID number of the
employee. Faxed exhibits may not exceed
15 pages.
5.
Special care should be taken
to anticipate all necessary exhibits and to serve and file the exhibits prior
to the conference or hearing as provided in numbers 3 and 4. OAH cannot guarantee access to a fax machine
during the hearing or conference for the review or submission of exhibits not
pre-filed. If additional rebuttal
exhibits are needed in the course of a video hearing or conference, the party
may wish to make arrangements for additional documents to be faxed, delivered,
or electronically transmitted to the parties and the judge.
6.
The official recording of a
video hearing is the digital recording taken by the judge or court reporter if
present.
7.
Participation in a video
conference or hearing is not ex parte communication simply because participants
are not all physically present in the same location with the judge. The hearing will be conducted in a manner
that does not permit an advantage to any party.
Discussions concerning the merits of the case will not be held with one
party except in the event of a default proceeding or as appropriate in
settlement discussions.
/s/
Raymond R. Krause______________________________
Raymond
R. Krause
Chief
Administrative Law Judge