Applied Industrial Technologies v. Ludemann

BARBERA, Judge.

The principal issue we decide in this appeal is whether the date of a work-related accident must be identified with certainty in order for an employee to recover benefits under the Workers’ Compensation Act. We hold that such certainty is not required. We also decide the propriety of the court’s denial of a mid-trial continuance request that came in the midst of a tragic national occurrence — the September 11, 2001 terrorist attack upon our country. We hold that the judge exercised proper discretion in denying a continuance and thereby allowing the jury, as it had requested, to…