N.Y. Comp. Codes R. & Regs. tit. 12 § 300.10

Current through Register Vol. 46, No. 22, May 29, 2024

Section 300.10 - Adjournment of hearings

(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.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 300.10