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objective physical symptoms of the condition such as nystagmus.4
Dr. Hurlbutt indicated that he originally wrote on a prescription
that petitioner should remain out of work for 1 week; however,
petitioner asked that the prescription be more specific and
coincide with a prescription for an episode that occurred a few
years earlier. As a result, Dr. Hurlbutt rewrote the
prescription suggesting 2 weeks of minimal activity. After
hearing Dr. Hurlbutt's testimony, respondent indicated that she
did not object to a continuance and asked that the cases be set
for trial in a few weeks. On the basis of the record, the Court
granted the motion to continue. The Court expressed its concern
at the continued delay of this matter and advised that it would
reset the cases for trial in the near future. The Court's order
dated May 8, 1995, directed petitioner to review the transcript
of the May 8, 1995, proceeding and further indicated that the
Court would be inclined to deny any further requests for a
continuance.
By order served May 30, 1995, the Court set the cases for
trial on July 31, 1995. The order, among other things, pointed
out that the Court attempted on a number of occasions after May
5, 1995, to arrange conference calls with the parties.
Petitioner advised representatives of the Court on more than one
4 Nystagmus is a quick oscillation of the eyes that often
is noted in patients who suffer vertigo.
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