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American Mobile Imaging Inc. v. Miles

Notice of an employee's workers' compensation claim by first-class mail was reasonably calculated to notify the employer and insurer of her claim and give them the opportunity to object.

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American Mobile Imaging, Inc. “American Mobile” and Fireman’s Fund Insurance Company “Fireman’s Fund” moved the superior court to set aside an award of Workers’ Compensation benefits to Kathleen Miles, asserting that they did not “receive proper notice of the request for a hearing or notice of hearing.” The superior court denied the motion, and we granted American Mobile/Fireman Fund’s application for discretionary appeal. For reasons that follow, we affirm. The record reveals that, on November 21, 2001, Miles filed a request for a workers’ compensation hearing and listed American Mobile as the employer. The State Board of Workers’ Compensation scheduled a hearing in the matter, and a secretary at the State Board mailed hearing notices to American Mobile and Fireman’s Fund, the workers’ compensation insurance provider.

Although the secretary evidently mailed the hearing notices to the correct addresses,1 she did not send the notices via certified mail. And employees of American Imaging and Fireman’s Fund aver that they never received any notice. Thus, neither American Imaging nor Fireman’s Fund appeared at the hearing. After the State Board of Workers’ Compensation awarded benefits to Miles, American Imaging and Fireman’s Fund moved to set aside the award. The two companies argue that the lack of notice constitutes a non-amendable defect, which warrants setting aside the award. We disagree.

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