Martin v. Industrial Commission

OPINION

NELSON, Acting Presiding Judge.

The primary question before the court in this case, although phrased by counsel in terms of due process, right to counsel, and duty to advise pro per applicants, is whether the hearing officer abused his discretion when he failed to continue the Industrial Commission hearing after an extensive discussion between the petitioner and the hearing officer regarding her right to retain counsel culminated in petitioner requesting a continuance to obtain counsel to represent her. We believe that the hearing officer abused his discretion in failing to grant the…