I have a workers’ comp hearing scheduled for next month, but the insurance company just hired a new attorney who happens to be busy that day. They’re asking for a continuance, and I feel like they could’ve chosen someone else who was available. The scheduling order says, “A motion for continuance of the formal hearing shall be granted only upon a showing of good cause.” Not sure if hiring a new, unavailable attorney qualifies as ‘good cause.’ Any advice on how I could argue against their continuance?
You can argue that they had prior counsel who knew about the hearing date and that switching attorneys shouldn’t delay things.
Bailey said:
You can argue that they had prior counsel who knew about the hearing date and that switching attorneys shouldn’t delay things.
That’s what I was thinking! I feel like they’re doing this just to buy more time.
@Ira
Exactly. Make the case that they’re stalling. The judge might agree.
File an opposition to their continuance motion. Explain how a delay negatively affects you, especially since they haven’t provided benefits or reasons for denial.
Kieran said:
File an opposition to their continuance motion. Explain how a delay negatively affects you, especially since they haven’t provided benefits or reasons for denial.
Good point. I’ll make sure to emphasize the impact on me.
@Ira
Judges consider the harm to both parties, so this could strengthen your argument.
‘Good cause’ usually means a valid reason like illness or emergency. Switching attorneys doesn’t necessarily count.
BookwormBard said:
‘Good cause’ usually means a valid reason like illness or emergency. Switching attorneys doesn’t necessarily count.
I’ll mention that too. Doesn’t seem fair for them to switch just to get a delay.
@Ira
Definitely push back. They’re likely trying to drag this out.
If they file a motion, you can submit an opposition that argues against the ‘good cause’ of switching attorneys. Some judges won’t tolerate stalling tactics.
Kai said:
If they file a motion, you can submit an opposition that argues against the ‘good cause’ of switching attorneys. Some judges won’t tolerate stalling tactics.
Agreed. Presenting a solid opposition may keep the hearing on schedule.
Maybe send a letter to the insurance carrier explaining your position before they formally file. They might reconsider if they see you’ll contest it.
Luca said:
Maybe send a letter to the insurance carrier explaining your position before they formally file. They might reconsider if they see you’ll contest it.
That’s a good idea. I’ll draft a letter and see if they back down.
@Ira
Best of luck! Hopefully, they don’t get away with delaying.