ROBERT JONES, Employee/Appellant,
v.
STURM FUNERAL HOMES, INC.,
and
RTW GRP., Employer-Insurer/Respondents,
and
NEW ULM MED. CTR., Intervenor.
No. WC20-6349
Minnesota Workers Compensation
Workers’ Compensation Court of Appeals
December 22, 2020
PRACTICE
AND PROCEDURE. The compensation judge did not err by
declining to strike the employer and insurer’s untimely
answer and to deem admitted the averments contained in the
claim petition, and to instead proceed with an immediate
hearing under the requirements of Minn. Stat. § 176.331.
Christopher P. Rosengren, Rosengren Law Office, L.L.C. North
Mankato, Minnesota, for the Appellant.
Patrick W. Ostergren, Law Office of Brian A. Meeker,
Bloomington, Minnesota, for the Respondents.
Determined by: David A. Stofferahn, Judge, Gary M. Hall,
Judge, Deborah K. Sundquist, Judge
Compensation Judge: Adam S. Wolkoff
Affirmed.
OPINION
DAVID
A. STOFFERAHN, Judge.
The
employee appeals from the decision of the compensation judge
to not strike the untimely answer of the employer and
insurer, and from his denial of the employee’s claims.
We affirm.
BACKGROUND
The
employee, Robert Jones, claimed a May 29, 2016, work injury
to his lumbar spine, which resulted in alleged wage loss and
medical expenses. A claim petition was filed on April 29,
2019. The employer and insurer filed an answer, but failed to
file within 20 days of service of the claim petition as
required by Minn. Stat. § 176.321. As a result, the
Office of Administrative Hearings set the case for immediate
hearing pursuant to Minn. Stat. § 176.331.
A
hearing was held on January 2, 2020. The employee argued that
he was entitled to a default hearing as a result of the
employer and insurer’s untimely filing of the answer.
The employee contended that in a default hearing, the
averments in the claim petition should be deemed admitted and
the claims presented should be awarded. The employer and
insurer maintained that they had a right to present evidence,
question...
