Utah Court of Appeals: ALJ Did Not Err When She Refused a Continuance Despite Key Witness Being Seriously Ill in Bed

In InnoSys, Inc. v. DWS, the Utah Court of Appeals upheld an Administrative Law Judge’s [ALJ’s] determination to grant a discharged employee unemployment insurance.  One of the issues before the court was whether the ALJ had improperly denied a motion for continuance because a witness was confined to bed because of her medical condition.  In Utah, unemployment hearings are generally held telephonically and witness testimony is given over the telephone.  Apparently, in this case, the witness had a serious medical condition that prevented her from meeting with attorneys before the hearing and prevented her from seeing exhibits.  Moreover, during her testimony, she began to suffer side effects from her pain medication, she was distracted by the pain, and that she began bleeding.  The Utah Court of Appeals concluded that the ALJ was not informed of the medical condition and concluded that some of the complaints were unrelated to the medical condition of the witness.  Accordingly, it concluded that the ALJ did not abuse his discretion in refusing to grant a continuance.