Oral Argument

(1) The appeals board shall base its decision on the record on appeal and the arguments of the parties. Oral argument shall be allowed only upon motion of a party and/or by order of the appeals board. Any motion for oral argument filed by a party must state with specificity the reason or reasons the decision-making process would be aided by oral argument. (2) Oral argument may be conducted telephonically, by video conference, or in person, at the discretion of the appeals board. The clerk will advise the parties regarding the date and location of oral argument as determined by the appeals board. Once oral argument is scheduled, it shall not be continued absent a showing of exceptional circumstances. (3) Oral argument shall be conducted under the supervision of the appeals board’s presiding judge or, if the presiding judge is not a member of the panel to hear oral argument, by the appeals board judge designated by the presiding judge to preside at oral argument. The judge presiding at oral argument shall regulate all procedural matters arising during the course of argument. WORKERS’ COMPENSATION APPEALS BOARD CHAPTER 0800-02-22 (4) Unless the appeals board otherwise orders, each side shall be permitted no more than twenty-five minutes for presentation of the party’s oral argument. The appellant may reserve a portion of the appellant’s allotted time for rebuttal. If a party believes additional time will be necessary for the adequate presentation of the case, the party may request additional time by motion filed in advance of the date fixed for oral argument. A party is not obligated to use all of the time allowed, and the appeals board may terminate the argument when in its judgment further argument is unnecessary. (5) No party may present oral argument unless the party has filed a brief on appeal. (6) The appellant is entitled to open and conclude the argument. If both parties filed notices of appeal, the appeals board shall determine the order of the argument. (7) No more than two parties requesting the same relief will be heard except by leave of the appeals board. Divided arguments are disfavored, and care should be taken to avoid duplication of argument. (8) If a party fails to appear for oral argument, the appeals board may hear argument on behalf of the parties participating. If no party appears, the case will be decided on the record and the briefs unless the appeals board otherwise orders. If oral argument is granted upon motion of a party and that party fails to appear or participate in oral argument in the manner designated, the appeals board may tax costs to such party. A party represented by an attorney will be considered present at oral argument upon the appearance of the attorney. (9) If a case is scheduled for oral argument and is subsequently removed from the oral argument docket due to any party’s failure to comply with these rules or for good cause shown, oral argument in that case will be considered to have been conducted on the date the case is removed from the docket for purposes of any remaining appeals deadlines. (10) If the appeals board determines that additional analysis of an issue or issues may be beneficial, the appeals board may, by order, direct the parties to submit arguments or additional briefing addressing those issues whether or not oral argument is held. Alternatively, the appeals board may correspond via email with the parties, through the clerk of the appeals board, directing that specific issues be addressed whether or not oral argument is held. Any party directed to submit arguments or additional briefing shall submit a response to the clerk by email within five (5) business days of the transmission of the questions. Any other party shall respond to the initial response by email to the clerk within five (5) business days of the transmission of the initial response. A reply to such response, if any, shall be submitted within three (3) business days of the transmission of the response. No further responses shall be permitted unless otherwise directed by the appeals board.