Andres Urdaneta v. Trader Joes, (IAB No. 1419092 – Decided March 10, 2015)

Denied: employer’s motion for a continuance based on a lack of “good cause” and because the employer’s lack of preparedness was self-created

The claimant’s petition to determine compensation due was filed on October 15, 2014, and was scheduled for a hearing on March 31, 2015. The employer filed a motion for continuance in order to allow sufficient time to defend the claim, which was opposed by the claimant. The employer’s counsel argued that it was unaware of the claim until January 5, 2015, and that they obtain a date for the claimant’s defense medical exam until after the hearing date. Claimant’s counsel asserted that the employer and its carrier were aware of the petition in October 2014, demonstrating that she had verbal and written communications with the employer and its carrier in October 2014 and had provided a copy of the petition. Despite all of this, the evidence showed that the carrier did not assign counsel to the case until January 2015.

As discussed by the Board, Section 2348(c) requires a showing of “good cause” in order to grant an extension of the 120-day deadline for holding a hearing on a DCD petition from the date of the notice of the pre-trial conference being issued. The Board reviewed the various bases for establishing “good cause,” but found that none applied and that the employer’s difficulty in being prepared for the hearing was self-created.

Case Law Alerts, 3rd Quarter, July 2015

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