The unavailable dates you provide will be honored whenever possible, especially when resetting postponed cases. However, when a new request for hearing is received, state law requires WCB to schedule it within 90 days. So, that hearing will be scheduled within the 90-day timeframe, even if it conflicts with an attorney's vacation. To avoid that happening, estimate 80 to 90 days ahead, which is when the case probably will be set. If the attorney is going to be unavailable during that time frame, try (consistent with statutory timelines) to send in the request for hearing sooner, or later, to avoid the conflict. For instance, if a request for hearing is received on July 10, the case probably will be set between Sept. 28 and Oct. 8. If the attorney is going to be unavailable from Oct. 5 through 15, the request should be received before July 7 or after July 17, if possible.
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