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Tentative significant decisions

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June 2016

Procedure/summary judgment
The self-insured employer filed a motion for summary judgment. The IAJ wrote to the parties explaining that a hearing wouldn't occur on the summary judgment motion unless a party requested one. No one requested a hearing, and the IAJ held in favor of the self-insured employer. The Board held that before granting a motion for summary judgment, an IAJ must ensure the parties understand they have the right to a summary judgment hearing, and the IAJ must either hold an oral hearing or obtain an express waiver of the right to a hearing, memorialized through either a transcript or a report of proceeding. The Board remanded the appeal for further proceedings
In re Edwin S. Makotsi, Dckt. Nos. 15 20961 (June 20, 2016)