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Employer's Late Reply No Admission of Disability Rating in Claim

By Sherri Okamoto (Legal Reporter)

Thursday, January 10, 2013 | 0

An employer's failure to timely respond to a claim for compensation will be deemed to have admitted all the statements of fact contained within that claim, but the facts deemed admitted do not extend to the disability percentage determination because that is strictly within the special province of the Labor and Industrial Relations Commission to decide, regardless of the facts presented or stipulations by the parties.Case: Taylor v. Labor Pros, No. WD75174, 01/08/2013, published.Facts: Ray Taylor, a Labor Pros employee, injured himself in November 2006 when a piece of wood broke off from t...

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