Lumbard-Bock v. Winchell's Donut Shop

LAURA DENVIR STITH, Judge.

Appellant Jacklyn Lumbard-Bock appeals the decision of the Labor and Industrial Relations Commission denying her workers’ compensation benefits. She claims that the Commission erroneously failed to apply the rule that, by failing to file an answer within the required time period, Respondent Winchell’s Donut House admitted the fact that Ms. Lumbard-Bock’s accident occurred at work and that it resulted in some injury to her. We agree. We reverse and remand for a determination of whether Winehell’s received adequate notice of the claim, whether its answer was untimely,…