State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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CRB Case Annotations re: Section 31-279-3

[Administrative Regulation]

Request for continuance.

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THESE ANNOTATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY

Full texts of opinions, statutes and court decisions should be consulted and all citations and references fully researched by the reader.

The Annotations to Compensation Review Board Opinions are presented “as is” and the Commission makes no warranties as to the suitability of this information for any given purpose.
Please note also that Annotations change periodically due to several factors including, but not limited to, Appellate and Supreme Court decisions issued in workers’ compensation cases.

Rodrigues v. American National Can, 4329 CRB-7-00-12 (January 2, 2002).

Board found no error in trier’s denial of claimant’s request for continuance, where claimant (acting pro se) requested it during formal hearing in order to procure medical reports to counter independent medical examiner’s opinion that he was capable of light duty work and had reached MMI. Claimant should have procured such reports prior to formal hearing. See also, Rodrigues, § 31-301-9, § 31-296. Voluntary agreements (discontinuance of payments); § 31-298. Prior decision at Rodrigues, 4043 CRB-5-99-4 (July 26, 2000), § 31-301. Appeal procedure, Factual findings, § 31-308a.

Stalker v. Derby, 4093 CRB-4-99-7 (August 10, 2000).

Trier did not err in denying claimant’s request for continuance of formal hearing to allow time to subpoena records from an alleged concurrent employer, specifically copies of all of the checks paid to the claimant. Board found no merit to the contention that the denial of the continuance constituted error, as it has consistently held that it is within the broad discretion of the commissioner to grant or deny a continuance, and such a decision is virtually unreviewable. Plus, CRB noted that claimant had ample opportunity to obtain said evidence prior to the close of the formal hearing, and that said evidence would not be likely to affect the trial commissioner’s determination on the merits. See also, Stalker, § 31-310.

Saleh v. Poquonock Giant Grinder Shop, 4005 CRB-1-99-3 (March 13, 2000).

Board found no merit to respondent’s contention that the trial commissioner improperly denied its request to continue the formal hearing so that it could depose claimant’s treating physician. CRB has consistently held that it is within the broad discretion of the commissioner to grant or deny a continuance, and such a decision is virtually unreviewable. Respondent had ample opportunity to depose the doctor prior to the formal hearing. See also, Saleh, § 31-298, § 31-300, § 31-301-9, § 31-315.

Flemmings v. Waveny Care Center, Inc., 3963 CRB-7-99-1 (March 2, 2000).

CRB found no abuse of discretion in trial commissioner’s granting of claimant’s request for continuance in order to procure supporting medical documentation. (Frankl, C., DISSENTING) It was an abuse of discretion to grant the continuance where claimant had ample opportunity to prepare her case regarding a 1995 injury prior to the formal hearing in 1998. See also, Flemmings, § 31-301, Factual findings.

Martinez v. Gordon Rubber & Packaging Co., 3828 CRB-5-98-6 (July 22, 1999).

Board found no abuse of discretion on the part of the trial commissioner in denying the respondent’s request for a continuance in order to depose the claimant’s treating physician. Prior decision at Martinez, 3348 CRB-4-96-6 (May 4, 1998), § 31-307b.

Grimes v. State/Dept. of Mental Health and Addiction Services, 3832 CRB-4-98-6 (July 22, 1999).

Board dismissed claimant’s late appeal, and noted that even if it were to consider the merits of the appeal, it was within the broad discretion of the trial commissioner to deny the claimant’s request for a continuance of the formal hearing. See also, Grimes, § 31-301. Appeal procedure.

Liano v. Bridgeport, 3199 CRB-4-95-10 (March 25, 1997).

It is within the broad discretion of the commissioner to grant or deny a continuance, and such a decision is virtually unreviewable. CRB found neither an abuse of discretion on the part of the trial commissioner in denying the claimant’s request for a continuance, nor that the claimant was denied due process. See, Liano, § 31-298, § 31-307, § 31-296 Voluntary agreements (discontinuance of payments). Subsequent decisions at Liano, 3561 CRB-4-97-3 (June 3, 1998), rev’d in part, 55 Conn. App. 75 (1999), cert. denied, 252 Conn. 909 (1999), § 31-300; Liano, 3447 CRB-4-96-10 (January 6, 1998), aff’d, 51 Conn. App. 905 (per curiam), cert. denied, 248 Conn. 907 (1999), § 7-433c; companion decision at Liano, 3299 CRB-4-95-10 (March 25, 1997), § 31-294c, § 31-297, § 31-301. Factual findings. Prior decision at Liano, 14 Conn. Workers’ Comp. Rev. Op. 201, 2033 CRB-4-94-5 (July 25, 1995), appeal and cross appeal dismissed, lack of final judgment, A.C. 15082 (June 6, 1996), cert. denied, 238 Conn. 906 (1996), § 7-433b, § 31-300, § 31-310.

Hirth v. United Parcel Service, 12 Conn. Workers’ Comp. Rev. Op. 353, 1497 CRB-1-92-8 (August 2, 1994).

Trier’s refusal to grant continuance so that respondents would have the opportunity to depose physician and admit deposition into evidence upheld on appeal. Decision to grant or deny a request for a continuance is discretionary. CRB held respondents’ due process was not violated as there existed sufficient time for discovery prior to the trial date which notice indicated the trial would conclude on that scheduled date. See also, Hirth, § 31-298 and § 31-301. Appeal procedure.

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State of Connecticut Workers' Compensation Commission, John A. Mastropietro, Chairman
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