How to Testify at a Labor Commission Hearing
The injured worker will be the first witness to present testimony. The Judge will administer an oath to tell the whole truth. To start, the injured worker answers questions from her attorney. At Atkin & Associates, we believe it is our job to ask the right questions in order to fully explain the case to the Judge. Our clients are only instructed to answer the questions truthfully. If the answer causes a problem, it is the attorney's job to continue to ask questions until the issue becomes clear.
The insurance company’s attorney can then ask questions. It does not matter why the question is being asked. Making such evaluations can cause the answers to be confusing. Answer the question as honestly as you can, which means that, sometimes, the only true answer is “I don’t remember.”
As with everything at a hearing, the injured worker's side gets to ask the last questions to clarify any issues caused by the insurance company's questions.
In most cases no witnesses other than the injured worker are needed to prove the case because the injured worker knows everything that happened in the case. But additional witnesses can testify if needed for particular issues.
If the insurance company has any witnesses, they will testify next. If any of the testimony of the defense witness is incorrect or misleading, the injured worker can testify a second time to explain the issue. Once all the testimony is complete, the Judge will ask for closing arguments.
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