Judge Acted Within Discretion, N.Y. Court Rules

A workers' compensation judge acted within their discretion by opting to proceed with a hearing, despite the carrier's failure to attend, the 3rd Appellate Division of the New York Supreme Court ruled.Case: Beers v. Jump Start Advanced Academics, et al., No. 502153, 12/4/08, publishedFacts:Gary Beers, an employee of Jump Start Advanced Academics, filed a claim for a work-related injury in May 2005. The opinion does not describe the injury. Procedural History: The employer's carrier attended the first hearing in August 2005, but did not attend the second hearing in December. The jud...