Workers’ Compensation Office of Adjudication adjusts their policy for conducting live hearings in Pennsylvania.

As counties in Pennsylvania began entering the “green” phase at the end of June, the Workers’ Compensation Office of Adjudication (WCOA) adjusted their policy for conducting hearings in Pennsylvania. During the complete shutdown quarantine, workers’ compensation hearings continued being held, albeit telephonically and on video platforms. Now, however, live hearings are being conducted by judges, but with an emphasis on safety, distance and sanitary measures.

The WCOA’s policy makes it clear that in-person hearings will only be held in limited situations. Essentially, the judge has the discretion to determine if live testimony from a witness will be necessary to assess credibility. A judge can determine that a live hearing will be held on his or her own motion, or a party can make a request for one. Such a request should include a justification and the opposing party’s position on it.

As for logistics, the WCOA says that in-person events will be limited to one judge in the office per day, each event shall include no more than 10 persons (including the judge), hearing room chairs and tables will be spaced six feet apart, and sanitizing products will be available to all attendees. There will be 15-minute intervals between events to allow for cleaning. All attendees will be required to wear a mask. Any attendee refusing to wear a mask will not be permitted in the hearing room and directed to leave.

Sidebar: The assessment of a witness’s credibility by a judge is a vital part of any litigated case. If the credibility of a claimant is significantly questionable, consideration should be given to requesting a live hearing for the claimant’s testimony. If a request for a live proceeding is denied, consider requesting a video hearing, so at least the claimant can be seen by the judge. The same factors should be contemplated with respect to any fact witnesses who may be testifying in a case.

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