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A workers' compensation hearing is an administrative procedure. It is not held in a courtroom. There is no jury. Hearings are usually held in rooms in state and municipal office buildings. The administrative law judge, who is not an elected judge, has the power to make rulings and orders that injured workers and insurance companies must follow in this administrative proceeding. Testimony is taken under oath. A court reporter takes down the testimony. You would be present with your attorney, if you have one. The insurance company's attorney would also be there. Each side has the opportunity to call witnesses. However, most hearings involve very few, if any, witnesses other than the injured worker. Most hearings also do not have any medical testimony from doctors. Their opinions are entered through their medical records, which is why it is so important to tell your doctor how your accident happened and how you are feeling so that those facts are properly recorded in your medical chart notes. The judge does not issue a decision at the end of the hearing, but will take usually between 60 and 90 days to issue a written decision that is mailed to the parties. |


