Q: I had a 19b hearing August 26th of 2016. My decision was to be given on Nov 15th. It is now March 9th 2017.
My attorney who I don't necessarily see eye to eye with told me it's best not to ask the arbitrator for an update as to not anger them? I've been off work since June 2015. No pay. Is there any action I can take against the commission?
A: You should direct all questions regarding your case to your attorney. If you do not see eye to eye with your attorney to the point where you are not comfortable asking questions, you should consider getting a new attorney.
A:
Why would you wait 14 months to have a Hearing? If there was a sense of urgency, your attorney knew that the ONLY way to guarantee a prompt Decision was by filing a Motion under Section 19(b)(1). Under that Section, the Decision MUST be filed within 25 days and is typically filed within 2 weeks.
A Motion under Section 19(b) is subject to standard Review which could take another year AFTER you get the Decision.
You should ask your attorney why he decided to proceed as he did. Moreover, since the Commission changed to email ONLY delivery of Decisions, it is entirely reasonable to ask an Arbitrator if he or she issued their Decision. Most Arbitrators get 19(b) Decisions out within 60 days. You can also go online to the Commission's website or call the Commission to see if the Decision was issued. Last year, I had two 19(b) Hearings that were NEVER emailed to me until I asked for them. The Arbitrator filed the Decision but Data Processing forgot to send it.
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