E. S. Kelton Contracting Co. v. Industrial Commission

HAIRE, Judge.

On this review of an award entered by the Commission’s hearing officer establishing the respondent claimant’s loss of earn ing capacity, the carrier raises the following questions:

“I

“IS THE HEARING OFFICER JUSTIFIED IN DENYING A CONTINUANCE (FURTHER HEARING) WHERE THE MOTION THEREON IS BASED UPON AN ACUTE ILLNESS OF A MATERIAL WITNESS, AND WHERE THE DENIAL IS FOUNDED SOLELY UPON THE REASON THAT NO SUBPOENA HAS BEEN THERETOFORE REQUESTED FOR THAT WITNESS’S ATTENDANCE UNDER RULE 41?

“II

“MAY A HEARING OFFICER IGNORE UNCONTRADICTED MEDICAL TESTIMONY REFLECTING THAT APPLICANT SUFFERED…