The court system can move slowly, and it often causes a tremendous amount of hardship for injured workers.
In the Georgia workers’ compensation system, it is not uncommon for a court date (often referred to as an evidentiary hearing) to be reset three or even four times, depending on the case’s complexity. Your attorney will likely contest any continuances or resets if they believe the employer or insurance company is attempting to take advantage of your financial condition or is simply delaying your day in court.
Georgia State Board Rule 102 (C) says if a hearing is set for the first time and all parties agree to reset the hearing, a postponement will be granted without the permission of the presiding Administrative Law Judge (ALJ). The parties would simply notify the ALJ that the parties agree to the continuance. However, judicial intervention would be necessary if one party objects to the continuance of the first setting. The attorneys would have a conference call with the presiding ALJ to determine whether a continuance is justified.
As an unwritten rule of thumb, the first setting is usually continued to allow the parties to complete their investigation. The second and third settings will likely be more scrutinized, which means a continuance will only be approved on strictly legal grounds.
The attorneys at Ramos & Law understand that it can be very frustrating to have delay after delay. Delays can lead to more bills to pay. We strive to be ready for trial as soon as possible so our clients have their day in court.
Schedule a free consultation with us today.