§ 176.331 — Proceedings When Answer Not Filed
Plain-Language Summary
If the respondent in a workers' compensation case fails to file an answer to the petition within the required time, the compensation judge can issue a default decision in favor of the petitioner.
176.331 PROCEEDINGS WHEN ANSWER NOT FILED.
Except in cases involving multiple employers or multiple insurers, if an adverse party fails to file and serve an answer or obtain an extension from the office or the petitioner as required by section 176.321, subdivision 3, the office shall set the matter for an immediate pretrial conference and hearing for prompt award or other order. The adverse party that failed to file an answer or appear at a pretrial conference may appear at the hearing, present evidence and question witnesses, but shall not be granted a continuance except upon a showing of good cause.
If an adverse party who fails to serve and file an answer is neither insured for workers’ compensation liability nor a licensed self-insured as required by section 176.181 and the special compensation fund is a party to the proceeding, the compensation judge may enter an order awarding benefits to the petitioning party without a hearing if so requested by the special compensation fund.
History:
1953 c 755 s 50; 1973 c 388 s 98; 1981 c 346 s 111; 1983 c 290 s 146; 1984 c 640 s 32; 1987 c 332 s 81; 2016 c 110 art 3 s 5; 2022 c 32 art 2 s 9; 2023 c 51 art 2 s 10
History: History: 1953 c 755 s 50; 1973 c 388 s 98; 1981 c 346 s 111; 1983 c 290 s 146; 1984 c 640 s 32; 1987 c 332 s 81; 2016 c 110 art 3 s 5; 2022 c 32 art 2 s 9; 2023 c 51 art 2 s 10