Claim of Rose v. International Paper Co.
The employer and its workers' compensation carrier appealed a Workers’ Compensation Board decision from January 31, 2000. The Board had refused to review a determination that denied the carrier's request for an adjournment after scheduled lay witnesses and doctors failed to appear at a March 1999 hearing. The Workers’ Compensation Law Judge (WCLJ) had denied the adjournment, established the claim, and made awards. The employer contended the WCLJ erred in refusing the adjournment, arguing that Board rule 12 NYCRR 300.10 (b) impermissibly restricted their right to appeal under Workers’ Compensation Law § 23. The court found the WCLJ's denial of the adjournment was not an abuse of discretion, citing the employer's lack of preparedness and the reasonableness of the rule in speeding claim resolution. The decision of the Board was affirmed.