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CARRIER’S REQUEST FOR AN ADJOURNMENT OF AN EXPEDITED PERMANENCY HEARING PROPERLY DENIED, REQUEST WAS NOT BASED UPON AN EMERGENCY.

The Third Department determined the carrier’s request for an adjournment of an expedited hearing for the production of video surveillance of the claimant was properly denied:

Pursuant to Workers’ Compensation Law § 25 (3) (d), the Board ordered that claimant’s hearing be transferred to the expedited calendar, and the parties were notified of this well in advance of the scheduled … hearing at which the issue of permanency was to be resolved. With regard to expedited hearings, the rules of the Board provide that “[a]djournments . . . shall only be granted in accordance with [12 NYCRR 300.38]” (12 NYCRR 300.34 [f] [1]), which specifies that “[a]djournments for . . . a hearing in a controverted claim shall only be granted in an emergency” (12 NYCRR 300.38 [j] [1]). An “emergency” is defined as “a serious event that occurs preventing the timely completion of some action ordered or directed,” and includes “death in the family, serious illness, significant prior professional or business commitment, and inclement weather that prevents travel. It does not include any event that can be prevented or mitigated by the timely taking of reasonable action” (12 NYCRR 300.38 [j] [5] [emphasis added]).

Here, the hearing notice clearly advised the parties that an adjournment would not be granted except in the case of an emergency. As the full Board concluded and the record reflects, the carrier’s request for an adjournment to produce and share the video following claimant’s testimony was not premised upon any claimed emergency but, rather, was a consequence of the carrier’s choice not to bring the video to the hearing based upon the belief that they “weren’t going to be watching [it] today.” Matter of Maffei v Russin Lbr. Corp., 2017 NY Slip Op 00362, 3rd Dept 1-19-17

 

WORKERS’ COMPENSATION LAW (CARRIER’S REQUEST FOR AN ADJOURNMENT OF AN EXPEDITED PERMANENCY HEARING PROPERLY DENIED, REQUEST WAS NOT BASED UPON AN EMERGENCY)/EXPEDITED HEARING (WORKERS’ COMPENSATION LAW, CARRIER’S REQUEST FOR AN ADJOURNMENT OF AN EXPEDITED PERMANENCY HEARING PROPERLY DENIED, REQUEST WAS NOT BASED UPON AN EMERGENCY)

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