The Answer
30 days after the Labor Commission mails the Order for Answer, the employer or insurance company must file an Answer. The Answer is required to contain the reason benefits were denied and include the insurance company’s evidence supporting their denial.
Unfortunately, Answers rarely contain all the information they should. Often, discovery is required to fully understand the aspects of the case. However, Answers must contain a basic outline of the defenses and the reasons for the defenses. If they do not contain at least basic information, the attorney will ask the Judge to require the insurance company to rewrite the Answer.
While waiting for the Answer, the Labor Commission places the case in line for a hearing date. Hearings are scheled approximately 6 months after the filing date. The time before the hearing is used for discovery to fully prepare the case.
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