J.Y. v. Aviva Insurance (16-001993)

The insurer sought an adjournment of an oral hearing because two of its witnesses would be out of the country; the claimant’s counsel consented to the adjournment. Nevertheless, Adjudicator Trojek rejected the request for an adjournment, reasoning that the request was not timely. The insurer made the request only 23 days before the hearing and more than 104 days after the case conference. No explanation was provided as to why the insurer only learned of the IE assessors absence so close to the hearing date.