AM Liner East, Inc. v. Osburn

I respectfully dissent from the majority opinion and would affirm the commission’s decision finding that there was insufficient evidence to refer the employer’s application to the hearing docket.

An employer’s application for hearing will be deemed not “technically acceptable” and will be rejected unless the employer’s designated supporting documentation is sufficient to support a finding of probable cause to believe the employer’s grounds for relief are meritorious. The commission has defined the standard of “probable cause” as “[a] reasonable ground for belief in the existence of facts…