94-0334. SUPARIN LUKER vs. COUNTRY MEADOWS CONVALESCENT CENTER (Uninsured) and UNINSURED EMPLOYERS' FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0334. SUPARIN LUKER vs. COUNTRY MEADOWS CONVALESCENT CENTER (Uninsured) and UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHSUPARIN LUKER Applicant, vs. COUNTRY MEADOWS CONVALESCENT CENTER (Uninsured) and UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0334ORDER DENYING MOTION FOR REVIEWCountry Meadows Convalescent Center asks The Industrial Commission of Utah to review the Administrative Law Judge's Order awarding medical expenses to Suparin Luker and holding Country Meadows liable for payment of those benefits. The Commission exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53 and Utah Admin. Code R568-1-4.M. BACKGROUND On April 14, 1994, Ms. Luker filed her Application for payment of medical expenses arising from a work related injury. That same day, by certified mail, the Adjudication Division served Country Meadows with a copy of Ms. Luker's Application, together with a document entitled "Request For Answer" which contained the following instructions:

An Application for Hearing has been filed with the Commission in this case. Employers and/or their insurance carriers or adjusting agencies must file with the Commission within thirty (30) days of the date of this Request an Answer . . . admitting or denying liability, and specifically responding to every paragraph of the Application For Hearing. . . . Failure to file an Answer within thirty (30) days may result in an entry of your default .... (Emphasis added.)

Mr. Barney, of Country Meadows, received the foregoing Request For Answer on April 22, 1994. Country Meadows failed to file an Answer. On June 9, 1994, the ALJ issued an Order of Default against Country Meadows and mailed a copy of the Order to the company that same day. The ALJ also scheduled a hearing to determine the amount of Ms. Luker's medical expense. Country Meadows did not respond to either the ALJ's Order of Default or the Notice of Hearing. At the time set for hearing, Mr. Barney appeared on behalf of Country Meadows to contest Ms. Luker's Application. However, because Country Meadow was in default, the ALJ did not allow Country Meadows to participate. Instead, the ALJ accepted evidence from Ms. Luker and concluded...