La. Admin. Code tit. 40 § I-6103
Current through Register Vol. 50, No. 6, June 20, 2024
A. Continuances shall be as provided in Code of Civil Procedure Articles 1601, et seq.B. A continuance shall not be granted for the absence of a subpoenaed witness if the subpoena was not issued in accordance with §5909 of these rules.C. A continuance will not be entertained based upon a conflict in the schedule of any party or attorney if the conflict arose after the date of the scheduling conference, except for good cause shown or in cases of criminal assignments.D.1. If all parties are represented by counsel and the motion is uncontested, the moving party shall certify to the court that he has spoken to opposing counsel, that no opposition exists and that all witnesses have been timely notified of the continuance. Only one uncontested motion must be granted. A new trial date shall be established by mutual agreement of the parties.2. Subsequent uncontested motions for continuance by represented parties may be granted at the discretion of the workers' compensation judge and when the workers' compensation judge believes it is in the best interest of the parties.E. If any of the parties are unrepresented, the uncontested motion may be granted if there are good grounds therefore and if the workers' compensation judge believes it is in the best interest of the parties.F. The request for continuance shall state the reasons the continuance is necessary, that all parties have been notified of the request, and whether all parties agree to the continuance.G. Joint requests for continuance of a pre-1008 or post-1008 mediation conference held by an Office of Workers' Compensation mediator shall be submitted to the selected mediator in writing.H. Joint requests for continuance of a court-ordered mediation conference may be permitted for good cause shown by written motion to the judge where the claim was filed no later than three business days prior to the scheduled conference. The request shall state the reasons why the continuance is necessary, that all parties have been notified of the request and that all parties agree to the continuance.I. Contradictory motions for continuance of a court-ordered mediation conference shall be submitted by written motion to the judge where the claim was filed no later than five business days prior to the scheduled mediation. The judge may entertain such motion by telephone status conference with all parties participating. Such telephone status conference shall be initiated by the party requesting the continuance.La. Admin. Code tit. 40, § I-6103
Promulgated by the Department of Labor, Office of Workers' Compensation Administration, LR 25:277 (February 1999), amended LR 25:1868 (October 1999), LR 33:658 (April 2007), amended by the Louisiana Workforce Commission, Office of Workers' Compensation, LR 37:1630 (June 2011).AUTHORITY NOTE: Promulgated in accordance with R.S. 23:1310.1.