Jeff Coal, Inc. v. Phillips

Opinion

KOONTZ, C.J.

Jeff Coal, Inc., employer, appeals from a decision of the Workers’ Compensation Commission (commission) awarding benefits to Jeffrey L. Phillips (Phillips), claimant. On appeal, employer contends that the commission erred (1) in finding that Phillips had timely filed a claim for benefits and (2) in striking employer’s defenses. We hold that the commission did not err in finding that Phillips’ claim was timely filed. However, because we find that the striking of employer’s defenses constituted an abuse of discretion, we reverse and remand the commission’s decision.

Phillips,…