Administrative Law Judge Clark declines to grant 5th continuance based upon new exacerbation of the injury and, instead, remands the claim to the District Director
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Excerpt:
Based upon the information provided by Claimant, and considering the information in the
opposition, there is insufficient information to find good cause or an extreme hardship to
continue the matter.
Nevertheless, what is apparent from the moving papers and the procedural history of this
matter is that it is not currently ready for trial and there is no persuasive evidence that it will be
ready for trial in the near future. Claimant has had little contact with her attorney in the past few
months, which has impeded her attorney’s ability to prepare for trial, and she is continuing to
have ongoing medical care in an attempt to establish a psychological or physical diagnosis and
treatment plan. This matter has been pending for almost 16 months with no realistic time frame
for when it will be ready for hearing. Even though the parties are not requesting a remand, given
the discussion above, good cause is found to remand the matter to the District Director.
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