If you submitted the appeal and you did not participate in the hearing, the appeal was dismissed. The decision you appealed is still in effect. We will mail you a Notice of Dismissal for Failure to Participate. You have 20 calendar days to appeal the dismissal.
To appeal the dismissal, send in a written explanation telling us why you did not participate in the hearing. You must send a copy of your explanation to all parties listed on the dismissal notice. Once your request is received, a new hearing will be scheduled. At the beginning of the hearing, the other party may object. If this happens, you must provide a detailed explanation, under oath, for the failure to appear at the first hearing. This is called showing good cause to excuse your failure to appear. The hearing officer will determine if you have shown good cause before proceeding with the hearing. If you do not show good cause for not appearing, the hearing will be dismissed.
If you appeal the dismissal and request a new hearing and then do not appear for the second hearing, the hearing will be dismissed and that dismissal is final. Hearings dismissed twice because the appealing party failed to appear are final and will not be rescheduled a third time.
If your appeal of the dismissal is received more than 180 days late, a hearing will not be scheduled, the appeal is dismissed, and the deputy's original decision is final.
You will receive the Hearing Officer's Decision in the mail whether you participated in the hearing or not. If you disagree with the Hearing Officer's Decision, you may submit a written request for a new hearing and/or an appeal of the Hearing Officer's Decision. Your request for a new hearing and/or your appeal must be received by the Industrial Claim Appeals Office (ICAO) within twenty (20) calendar days from the date the Hearing Officer's Decision was mailed. A request for a new hearing and an appeal may be written in the same document.
If you did not appear for the hearing that was held, you may request a new hearing. Your request must explain in detail why you failed to participate. The ICAO will review your request and will mail you a decision telling you if your request for a new hearing for failing to participate is accepted. If it is accepted, the hearing will be rescheduled, and we will notify all parties listed on the notice by mail.
Do not include additional evidence in your written document, ICAO cannot consider additional evidence. If you feel additional evidence needs to be considered and you failed to appear at the hearing that was held, you may request a new hearing.
If you or an authorized representative did appear at the initial hearing but you would still like to request a new hearing, you must submit an appeal of the Hearing Officer's decision and show an error or other irregularity that justifies a new hearing. You can explain the error or irregularity in your written appeal statement. More