Tribunal Adjudication, Post # 2 – oral hearings important mostly because of the additional information they provide

The UCL empirical study of tribunal adjudication referred to in the previous post which shows that disability claims are 2.5 times more likely to be successful if the tribunal’s decision follows an oral hearing, also examined why that might be so.

And, contrary to what one suspects some program administrators are prone to think, the study does not suggest that the efficacy of an oral hearing from a claimant’s perspective reflects the likelihood of an adjudicator’s objective judgement being undermined by undue human sympathies provoked by listening to a live rendition of the story from the claimants themselves or by the adjudicator being taken in by misleading body language …

The UCL study’s authors report that in the UK it is generally believed that the most important reason for oral hearings being more efficacious for claimants than written hearings is that the oral hearings produce more information.  And, to test that theory, the study had another group of tribunal panels decide the studied case without an oral hearing but with access to both the original written material and a written description of the additional information that emerged from the oral hearing.

The Panels that considered the written material enhanced by the additional information provided by the oral hearing, but did not witness the oral hearing, were not quite as likely to grant the claim as the Panels that had the advantage of the oral hearing itself, but it was close –

2.1 times the success rate  for the Panels that did not witness the oral hearing but did see the additional information that emerged from the oral hearing (as compared to the success rate of panels working only with the original written material), versus 2.5 times the success rate with the oral hearing.

As noted in the first post on this subject, the UCL study is to be found at this link:  http://nuffieldfoundation.org/sites/default/files/files/Tribunal_decision_making_vFINAL(1).pdf

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One Response to Tribunal Adjudication, Post # 2 – oral hearings important mostly because of the additional information they provide

  1. Donald J. Porter says:

    Allegedly, in an effort to address what was then considered a long wait to have cases heard in the Appeals Branch of the WSIB (9 – 14 months) the WSIB virtually abolished oral Hearings in 2009, preferring instead to receive written submissions or to be reliant on file information.

    Furthermore, the Appeals Resolution Officer was also directed not to contact the claimant before rendering his/her decision regardless of the information being sought. Since 2009 not one single ‘ARO’ has contacted me whereas previously we had ongoing discussions both before and after the oral Hearing. In my experience (283 Appeals since 2009) this resulted in the denial of in excess of *86% of all cases, resulting in the enormous backlog presently at WSIAT. *(WSIB website)

    In my opinion, an “ARO” is not going to render a worker unemployable and award full benefits without talking to or seeing him/her up close, I wouldn’t.

    For some reason this site, together with various media related articles fail to mention that the WSIB has quietly assembled in excess of 27 billion dollars of monies intended to be distributed to injured people however have failed to do so; this, in my opinion, is due largely to abolishing oral Hearings.

    I was recently informed by a non-spokesperson at WSIAT that plans are presently underway to conduct Hearings by way of video conference.

    DJP

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