5124633702. UTAH OCCUPATIONAL SAFETY AND HEALTH DIVISION vs. TROJAN CORPORATION Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 5124633702. UTAH OCCUPATIONAL SAFETY AND HEALTH DIVISION vs. TROJAN CORPORATION Defendant THE INDUSTRIAL COMMISSION OF UTAHUTAH OCCUPATIONAL SAFETY AND HEALTH DIVISION, Applicant, vs. TROJAN CORPORATION, Defendant.Case No. 5124633702ORDER GRANTING MOTION FOR CONTINUANCEThe Utah Occupational Safety and Health Division ("UOSH" hereafter) asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of UOSH's request for continuance of the hearing date in this matter. The Industrial Commission of Utah exercises jurisdiction over this motion for review pursuant to Utah Code Ann. §63-46b-12 and Utah Code Ann. §35-9-12(4). BACKGROUND This case arises from a fatal explosion that occurred as Trojan employees prepared to demolish a building at the Trojan plant site. UOSH cited Trojan for violation of applicable occupational safety standards by leaving explosives in the building and by failing to wet down the building's floor. Trojan contested the citations. By letter of February 17, the ALJ set the hearing for early September, 1995 and advised the parties as follows:

"The following schedule will be operative in this matter: Witness lists should be exchanged by March 10, 1995; Discovery should be completed by June 16, 1995;"

On July 6, two months prior to the hearing date, UOSH asked for continuance of the hearing from September until October, to accommodate its expert witnesses' schedules. Trojan opposed the continuance on 3 grounds: 1) A continuance would serve no purpose, because the UOSH expert witnesses would not be permitted to testify anyway. This is so, according to Trojan, because the witnesses were not identified by March 10, as required by the ALJ's letter; 2) The need for continuance is due to UOSH's lack of diligence in conducting discovery; and 3) Trojan would be deprived of a timely resolution if the continuance is granted. On July 17, the ALJ denied UOSH's request for continuance, "for the reasons set forth in Trojan's memorandum." UOSH then filed its motion for review with the Industrial Commission. DISC...