Respondents filed a Final Admission of Liability (FAL) based on the authorized treating physician’s determination of MMI and permanent impairment.
The FAL was sent to Claimant, Claimant’s counsel, and the Division by email. At the time, the Division staff could not open the attachment and requested that it be resubmitted. Respondents did not resend the admission, so it was not included in the Division file. Claimant did not object to the FAL and did not pursue the Division IME.
Claimant argued that the FAL should be void ab initio, or void “from the beginning,” because it was not filed with the Division. The Director found that, while filing with the Division is required, failure to file with the Division does not change whether the Claimant received the admission and had notice. It was undisputed that Claimant and his counsel received the FAL, but no timely objection was received. The Director found that the time for objecting to the FAL is jurisdictional in nature and cannot be extended by order or agreement of the parties. The claimant’s request to find the FAL as void ab initio was denied.
Ianelli v. Brink’s Denver, W.C. No. 5-193-017 (March 31, 2025).
Want to know more? Contact Kristi Robarge at krobarge@pollartmiller.com
