Tuesday, May 4, 2010


Back to more comments on some of the statements made on the Appeals Board FAQ website on hearings. The next FAQ is as follows:

"Will the other party (claimant or employer) have an attorney?

The other party might have an attorney. If it is known by the hearing office before the Notice of Hearing is mailed, the name and address of the attorney or representative would be listed on the Notice of Hearing."

Also, a review of the file will indicate if the Employer has representation. Many times, the large business Employers are represented by corporations who specialize in representing Employers and who retain either licensed service representatives and sometimes even an attorney to attend the hearing. A small business Employer usually does not have an attorney. Whether or not the Employer has an attorney does not indicate whether or not there will be a litigious hearing. Sometimes, in my experience, when Employers appear pro se, the hearings are long, protracted and extremely argumentative. I have also seen, in several cases, where an Employer has an attorney or representative and has, after the hearing or review of transcripts, appropriately advised them to not seek any further objection or to withdraw their objection to benefits. And then sometimes, there is a 3rd party....the Department of Labor (DOL) may send an attorney to side with either the Employer or the Claimant. My experience has been that when the DOL appears by counsel, it is usually to side with the Employer.

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