Judge Profile

Robert Benischeck

Judicial Experience:

  • Workers' Compensation Judge, Bureau of Workers' Compensation

Rules/Procedures:

  • Are there any special practices or procedures lawyers appearing before you should know about? All fact witnesses are encouraged to testify at a hearing, though depositions will be accepted if agreed upon by counsel and the judge. Thirty days’ advance written notice to the judge’s secretary is needed for an unexpected fact witness. When a dispute arises counsel should outline their position in writing to Judge Benischeck. A telephone conference or a hearing may be scheduled by the judge to address the issues. Judge Benischeck may allow counsel or witnesses to participate in a hearing via phone if good cause is shown.

  • Any suggestions, admonitions or recommendations you would make to lawyers appearing before you? A continuance request shall be made in person at the hearing, or in writing 10 days before the hearing. A request for a continuance within 10 days of the hearing will be considered only if the reason for the continuance arose within the 10 days. Extensions of time will be granted for good cause shown, if requested in writing at least three days before the deadline. Judge Benischeck usually allows both parties 45 days to submit post-hearing submissions. These submissions should include a summary of the procedural background, a summary of all evidence, findings of credibility and a resolution of all disputed facts, Conclusions of Law, and the proposed Order. All factual disputes should be addressed and list the reasons why one scenario should be adopted over the other.

  • Can the court be contacted by fax? Yes

  • Does the court accept filings by e-mail? With permission