SEE IF ALL PRINCIPALS AND WITNESSES ARE CALLED

   The first thing the representative should do at the start of the hearing is to identify all the persons and have their names, and the capacity in which they are appearing at the hearing, entered into the transcript. Present may be principals persons charged with responsibility), witnesses, expert witnesses, representatives, examiners, the hearing officer, and observers.

   It is important to establish the status of the various persons as each class is allowed certain privileges and denied others: for example, the representative can ask anybody questions but cannot give testimony, while the witness can give testimony but cannot ask questions.

   The carrier is obligated to conduct a full investigation into all the facts, not a partial hearing merely to gather sufficient information to prove the accused guilty. The carrier must call all principals -- that is, the persons involved in the incident. The carrier must further call essential witnesses - that is, all persons who can contribute information to develop the facts. You may choose to call additional witnesses at your own expense.

   Carriers will often times refer to the schedule provision allowing you the privilege o call witnesses, but you have no compulsory process to call witnesses, whereas the carrier has the investigative power and personnel, and authority to compel employees to attend as witnesses.

   Since the representative, in his previous investigation, knows all the witnesses who can develop information favorable to his client, he should notify the carrier previous o the investigation if he suspects the carrier will not call them. If the witnesses are not )resent at the hearing, he should enter into the transcript his repeated request that certain witnesses be called, and the information that he would like to develop by their presence. Further, that the carrier's failure to call essential witnesses is evidentiary of heir intent to conduct an adversary proceeding against your client, placing the burden >f developing the facts upon you, the carrier thereby evading his responsibility of conducting a full and impartial investigation.