4-334-474 (1998). TABATHA HALL.

• Case Date: September 29, 1998
• Court: Colorado

Colorado Workers Compensation 1998. 4-334-474 (1998). TABATHA HALL INDUSTRIAL CLAIM APPEALS OFFICEIN THE MATTER OF THE CLAIM OF TABATHA HALL, Claimant, v. HOT SPRINGS POOL and LODGE, INC., Employer, and BUSINESS INSURANCE COMPANY, Insurer, Respondents.W. C. No. 4-334-474ORDER OF REMAND The respondents seek review of an order of Administrative Law Judge Martinez (ALJ) dated March 30, 1998. We set aside the order and remand for entry of a new order. The claimant filed a workers' compensation claim, which alleged a work-related left knee injury on July 23, 1996. A hearing was scheduled for February 11, 1998. On January 22, 1998, the respondents moved to continue the hearing on grounds the claimant failed to comply with discovery requests concerning treatment of her left knee before July 1996. In an order dated January 29, 1998, the ALJ denied the respondents' motion. Following the hearing on February 11, the ALJ entered the order dated March 30, 1998, which determined that the claimant suffered a compensable left knee injury on July 23, 1996. The ALJ ordered the respondents to pay temporary total disability and medical benefits. The respondents timely appealed the March order. On appeal, the respondents contend, inter alia, that the ALJ erroneously denied their motion to continue the February hearing. The respondents also contend the ALJ erred in failing to articulate the basis for denying their motion. Therefore, the respondents contend the matter must be remanded to the ALJ for the entry of a new order. We agree that the matter must be remanded. Section 8-43-207(1)(j), C.R.S. 1998, and the Rules of Procedure, Part VIII(J),7 Code Colo. Reg. 1101-3, at 27 (1995), allow an ALJ to continue a hearing to a later date upon a showing of "good cause" by the party seeking the continuance. In determining whether to grant a continuance, the ALJ should consider "the circumstances of the particular case, weighing the rights of the party requesting the continuance to a fair hearing against the prejudice that may result from delay." Cherry Creek School District #5 v. Voelker, 859 P.2d 805 (Colo. 1993). The ALJ is vested with wide discretion in determining whether "good cause" has been established. Accordingly, we may not disturb the ALJ's order denying the motion for continuance in the absence of a clear showing of an abuse of discretion...