ACHIEK S. AYOL, Employee, Claimant,
v.
TRIDENT SEAFOODS, Employer,
and
LIBERTY INSURANCE CORPORATION, Insurer, Defendants.
AWCB Decision No. 21-0002
AWCB No. 201704029
Alaska Workers Compensation Board
January 7, 2021
INTERLOCUTORY
DECISION AND ORDER
William Soule, Designated Chair.
Achiek
Ayol’s (Employee) January 5, 2021 email request for a
hearing continuance was heard on January 6, 2021, in
Anchorage, Alaska. An October 20, 2020 hearing request gave
rise to this hearing, which was originally set to hear other
issues including a petition to dismiss his claims. Employee
represents himself but did not appear at the hearing. The day
prior to hearing, the division learned Employee’s
telephone was no longer in service; division staff emailed
him to obtain a working telephone number and tell him his
hearing would commence at 9:00 AM on January 6, 2021. Late on
January 5, 2021, Employee responded by email to the
division’s email and advised he no longer had telephone
service; he also requested a hearing continuance. Attorney
Jeffrey Holloway appeared by telephone and represented
Trident Seafoods (Employer) and its insurer, which opposed
Employee’s request for a continuance. An oral order
granted the continuance; this decision examines the oral
order. The record closed at the hearing’s conclusion on
January 6, 2021.
ISSUE
Employee
contended unemployment resulted in him losing his phone
service and his home. He contended the hearing should be
continued because he had no way to participate.
Employer
contended it had no way to independently verify
Employee’s contentions. It contended his last minute
continuance request is consistent with Employee’s delay
tactics. Employer contended the hearing should go forward.
Was
the oral order continuing the hearing correct?
FINDINGS
OF FACT
A
preponderance of the evidence establishes the following facts
and factual conclusions:
1) On
March 6, 2017, Employee, who currently lives in Georgia,
reportedly slipped climbing steps while at work for Employer
and hurt his right knee and left hip. (Claim for
Workers’...
