New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter V - Workers' Compensation › Subchapter A - General Provisions › Part 300 - Procedure before the Board › Section 300.10 - Adjournment of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				  claimant or his or her attorney or representative fails to appear at the first
				  hearing, the referee may adjourn the hearing, except that the referee may
				  decide an uncontroverted claim if there be in the file a claim and substantial
				  evidence supporting such claim and the referee finds that the information
				  therein is sufficient. The notice to the claimant for the second hearing shall
				  inform him or her that such adjourned hearing is being held because of his or
				  her failure to appear at the first hearing, and that if he or she or his or her
				  attorney or representative fails to appear the case may be decided in his or
				  her absence. If the claimant or his or her attorney or representative again
				  fails to appear at the second hearing, the referee shall then proceed to make a
				  decision unless he or she finds sufficient basis for further adjournment, which
				  reasons shall be noted on the record. Where the claim has been controverted the
				  case may be adjourned and the file referred to the supervising referee for
				  investigation as to the cause of the claimant's nonappearance.
(b) If the employer or its carrier, or a
				  special fund created under the Workers' Compensation Law, fails to present
				  evidence including the testimony of witnesses as directed or scheduled by the
				  board or chair, the referee, upon request of such party, may adjourn the
				  hearing and reschedule the case. If the employer or its carrier or a special
				  fund again fails to present or submit evidence at the second hearing, the
				  referee shall proceed to make a decision unless he or she finds upon
				  extraordinary circumstances shown at such hearing that a further adjournment is
				  warranted. The denial of adjournments under this rule shall not be grounds for
				  application for review to the board.
(c) When the employer or its carrier or
				  special fund desires to produce for cross-examination an attending physician
				  whose report is on file, the referee shall grant an adjournment for such
				  purpose. If the physician is not produced at such adjourned hearing, a further
				  adjournment shall be granted only when the referee finds there is sufficient
				  excuse for the physician's nonappearance, which excuse shall be noted on the
				  record and conditioned upon the resort by the employer or its carrier, or
				  special fund to a subpoena for the next hearing. If such adjournment is granted
				  and the physician does not appear, unless extraordinary circumstances are
				  shown, the referee shall proceed to determine the claim upon the evidence in
				  the record. The obligation to invoke court action for the enforcement of the
				  subpoena shall be that of the employer or its carrier or special
				  fund.
(d) Whenever the records in a
				  claim clearly indicate that the claim is not within the jurisdiction of New
				  York State the referee may at the first hearing disallow the claim for lack of
				  jurisdiction and shall state the reasons for his action.