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Indiana Workers' Compensation Legal Library

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631 IAC 1-1-15 Facts upon review; additional evidence; oral arguments

Authority: IC 22-3-1-3

Affected: IC 22-3-4-7; IC 22-3-7-27

Sec. 15. (a) The facts upon review by the full board will be determined upon the evidence introduced in the original hearing, without hearing new or additional evidence, at the discretion of the board. Any party desiring to introduce new or additional evidence shall file an affidavit setting forth therein the names and residences of the witnesses to be called to testify before the full board, the facts to which they will testify, or, if the new evidence be documentary, then a copy of the document proposed to be introduced setting forth good reason for failure to introduce such evidence at the original hearing. If the petition is granted, the opposing party shall have the right to introduce such additional evidence as may be necessary in rebuttal.

(b) Oral argument shall not be required in cases coming before the full board on applications for review. No later than thirty

(30) days prior to the date set by notice for consideration of an application by the full board, the applicant or counsel may file with the board a brief or statement specifically setting forth the errors alleged for review, argument on those errors, and authorities, if any, supporting such argument. The brief or statement shall be filed with seven (7) copies. The opposing party or counsel may file, no later than ten (10) days prior to the hearing date, any rebuttal.

(Worker's Compensation Board of Indiana; Rule 18; filed Aug 2, 1949, 3:50 p.m.: Rules and Regs. 1950, p. 76; filed May 12, 1983, 10:15 a.m.: 6 IR 1242, eff Sep 1, 1983; errata, 6 IR 1751; readopted filed Nov 13, 2001, 12:20 p.m.: 25 IR 1305; readopted filed Oct 12, 2007, 1:09 p.m.: 20071031-IR-631070472RFA; filed May 4, 2012, 10:15 a.m.: 20120530-IR-631110357FRA; readopted filed Sep 10, 2013, 12:41 p.m.: 20131009-IR631130349RFA) NOTE: Transferred from the Industrial Board of Indiana (630 IAC 1-1-18) to the Worker's Compensation Board of Indiana (631 IAC 1-1-15) by P.L.28-1988, SECTION 121, effective July 1, 1988.

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