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Dawn Atkin

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Posts: 37
Filing a legal action with the Utah Labor Commission triggers an Order for Answer which requires the employer and insurance carrier to explain their denial of benefits in detail. It also requires certain evidence supporting the denial to be sent to the court and the injured worker. This is an excellent way to pin down the insurance company's reasons for refusing to pay benefits.

Unfortunately, Answers rarely contain all the information they should. Atkin & Associates acts quickly to get a proper explanation for the denial because counter-evidence cannot be gathered until the defenses are explained. If the Answer does not contain a basis for the denial of benefits, the attorney will file a Motion to Strike which asks the Judge to force the insurance company to file a proper Answer.

Hearings are scheduled approximately six months after the paperwork for the claim is filed. The time before the hearing is needed to fully prepare the case. This is particularly true is cases where the Answer asserts that there is a preexisting condition. Preexisting conditions could be completely unknown to the injured worker. Quick action is needed to get correct medical statements regarding the roll of arthritis, degenerative disc disease, or other common preexisting conditions in the injured worker's medical condition.

K. Dawn Atkin
Attorney with Atkin & Associates
(801) 521-2552
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