Industrial 2001

Industrial Reports

2001

HARASSMENT
Case Type --SH, DS; Sexual harassment/discrimination claim
Case Name --(Name of case withheld)
Case Number --8970681
Verdict/Settlement --Order, 9/01
Amount --The ALJ found all the witnesses credible, but noted that no one saw any of the alleged incidents except the episode with the pens, and testimony was contradictory on what actually happened there. The ALJ was thus thrown back on other interpretations, and said it was possible to imagine a worker quitting and later being deceived into coming back to work in a hostile environment once, but not four times. The ALJ also said it was difficult to imagine a situation like the one claimant described going on for over two years without claimant filing a charge with the Anti-Discrimination Division. The ALJ therefore dismissed this claim with prejudice on grounds that claimant failed to prove the incidents alleged actually occurred.
Attorney(s) - Plaintiff --David W. Brown
Attorney(s) - Defense --Bradley R. Helsten, then Bruce J. Nelson, of Nelson, Rasmussen & Christensen
Facts/Contentions --Claimant worked as a waitress in a restaurant. She contended that over a period of two years, one of the part-owners of the restaurant repeatedly grabbed and touched her inappropriately, made unwanted sexually oriented remarks and innuendos, and propositioned her. Once, claimant said, she offered a pen from her shirt pocket to another waitress, and respondent grabbed it instead, sniffed it and said, "It smells like your breasts." On other occasions, claimant said, respondent offered to show her his "bottom" if she would show him her "top;" pushed her up against a fridge and made an obscene suggestion; patted her; grabbed her "butt;" and tried to grab her chest and look down her blouse. Claimant said this behavior created such a hostile work environment that she quit several times, but was always talked into coming back to work. Claimant presented three witnesses, including her mother, who also worked at the restaurant; however, none of them actually saw any of the incidents except for the pen incident, and those who saw that incident all related slightly different versions of what was said. Claimant's mother testified that claimant called her on many occasions crying because of things respondent had allegedly said or done.
Employer presented four witnesses, including respondent; the burden of their testimony was that respondent treated claimant with informal affection, as he would a daughter, and never behaved inappropriately toward her. The defense argued that claimant was fired, but all their witnesses testified that this was not the case; she quit and then returned as she said she did, and her mother asked the management to let claimant return. One witness for respondent testified that claimant wore "sexy" clothing to and from work.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Diane Nicholson vs. Alpine Supply and Wasatch Crest Mutual Insurance Company
Case Number --99560
Court/Judge --Eblen
Verdict/Settlement --Order, 9/01
Amount --The ALJ found claimant did not receive proper notice of the hearing and therefore the declaration of default against her should be set aside. The ALJ further found the evidence presented at the hearing indicated that claimant did suffer the industrial accident and the impairment she claimed. The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $894.66 in a lump sum plus interest and plus $14.98 in reimbursement for the underpayment of workers' compensation benefits at less than the statutory rate. Employer/carrier must also pay claimant's related medical expenses.
Injuries --Claimant suffered closed tibia and fibula fractures of the left leg. Dr. Veasy gave her an 8% related whole person impairment, which Dr. Johns felt was appropriate.
Attorney(s) - Plaintiff --Claimant, who was represented pro se, did not appear at the hearing.
Attorney(s) - Defense --Carrie T. Taylor of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff --Dr. George Veasy
Expert Witness(es) - Defense --Dr. Richard Johns--medical record review
Damages --Employer/carrier paid claimant $5,033.68 for her permanent impairment.
Facts/Contentions --After claimant was injured and underwent physical therapy, she was released to return to light-duty work and told to work at a desk for most of her shift. Employer/carrier said they terminated claimant because they did not have any light-duty work available. Employer/carrier contended that claimant missed a doctor's appointment and was therefore considered released to return to full-duty work; however, Dr. Veasy's medical records did not show any missed appointments and claimant was not released to full duty until a month later.
Employer/carrier sought to have claimant declared in default because she did not appear at the hearing. Evidence indicated that for reasons which were unclear, the notice of hearing was mailed to a post office box address different than the address claimant provided. Claimant spoke with a clerk at the Labor Commission shortly before the notice was mailed; the clerk stated claimant said she had moved back to her parents' home to Fresno, California because she was under a financial hardship and had no job in Salt Lake City. At that time claimant provided a phone number where she could be reached, but not an updated mailing address.

WORK INJURIES
Case Type --WA; Work-related injuries
Case Name --Carmelo Punzalan vs. Gateway and/or C. W. Reese
Case Number --200039, 20001033, 20001034
Court/Judge --Hann
Verdict/Settlement --Order, 9/01
Amount --The ALJ found claimant's work activities leading to his alleged third injury did not meet the Allen test for extraordinary exertion in cases where pre-existing injury is present. The ALJ therefore ruled that claimant did not suffer a work injury on 6/7/99 and dismissed the claim for benefits related to this incident. The ALJ accepted the related whole person impairment rating of 4% for the left shoulder injury of 9/21/98 and the 2% related whole person impairment rating for the right knee injury of 9/24/98. The ALJ ordered employer/carrier to pay claimant accrued permanent partial disability benefits of $2,173.78 for these impairments, plus interest and less attorney's fees, which are to be deducted from the amount due and paid directly to claimant's attorney. Employer/carrier must also pay for the treatments with Drs. Veasy, Winterton, Walker, Newton and Bova, since claimant exercised his right to make a one-time change of treating physician without permission from the carrier when he transferred from Dr. Soderberg to Dr. Veasy and the rest were referrals from treating physicians. Claimant agreed he must pay for the treatment with Drs. Curtis, Giese and Howe, since they were not referrals from any treating physicians.
Injuries --Claimant suffered a left partial thickness rotator cuff tear from the first accident and a right knee injury in the second accident. Claimant alleged a right shoulder injury in the third incident, but most of his doctors felt this condition was pre-existing.
Attorney(s) - Plaintiff --Phillip B. Shell of Day, Shell & Liljenquist
Attorney(s) - Defense --Henry K. Chai II of Blackburn & Stoll
Expert Witness(es) - Plaintiff --Dr. Winterton; Dr. Newton; Dr. Curtis; Dr. Veasy
Expert Witness(es) - Defense --Dr. Chung; Dr. Soderberg; Dr. Bova
Facts/Contentions --Claimant, age 58, worked in the shipping department of Gateway as an automatic taping machine operator. On 9/21/98 he had stepped away from the machine momentarily and saw another employee pushing a box very fast toward the machine. Concerned that the box would be destroyed because he was not there to operate the taping machine, claimant hurried toward the belt, but hit the control panel box on the wall in such a way that his arm became wedged on the control panel knob arm. He swerved from the force of the collision and jammed his left arm, shoulder and ribs into the control panel, experiencing immediate stabbing pain in his arm, shoulder and ribs.
On 9/24/98, claimant was still working, although he was experiencing pain and weakness in his left shoulder and arm. He was lifting a box that had already been taped off a stack to place it on the conveyor belt for shipping when his left arm failed and he dropped the box onto his right knee. His supervisor rushed over and caught the box. Claimant estimated the box weighed 70 pounds, but the evidence presented indicated the heaviest computer system the company shipped weighed only 32 pounds.
On 6/7/99, claimant was doing light duty in the "kitting" department, filling totes with papers, software, manuals and microphones from gravity racks. Claimant never lifted a tote above shoulder-level and never lifted with his left arm. He claimed he had to load the gravity racks as well as fill totes on the day in question because the material handler was not around. Claimant stated he experienced right shoulder pain after an extremely heavy day of loading racks.
Employer/carrier accepted liability for the first two injuries, but argued that claimant's activities on the date of the alleged third injury did not meet the Allen test for extraordinary exertion where pre-existing injury is present. Most of claimant's doctors felt he had some degree of pre-existing degenerative disease in his right shoulder.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Russell Fautin vs. Springville City and/or the Utah Local Governments Trust and/or Workers' Compensation Fund
Case Number --2000339
Court/Judge --Hann
Verdict/Settlement --Order, 9/01
Amount --The ALJ accepted the medical panel's findings and dismissed this claim because of claimant's failure to prove medical causation.
Injuries --Claimant suffered a twisting injury to his right elbow which caused thickening and scarring of the olecranon bursa, along with right lateral epicondylitis. He was placed on light duty for a while after seeking treatment but eventually was released to return to full-duty work. The medical panel found no causal relationship between the treatment claimant received and his work activities.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Lori Hansen
Expert Witness(es) - Plaintiff --James B. Meeks--PA-C; Dr. Richard G. Bromley; Trent May, PT
Expert Witness(es) - Defense --Dr. Gary Zeluff--IME; this case was referred to a medical panel.
Facts/Contentions --Claimant worked as a Springville City Police officer. During a mandatory training class, he learned disarming and take-down techniques for an hour. For the second hour the trainees did target practice, shooting at targets while moving through an area. Claimant said during the take-down training, officers were paired off and each team of partners practiced on each other; the procedures were done at a slower speed and without full impact to allow the trainees to learn the techniques, but claimant, who also participated in a demonstration take-down with the teacher, contended that his arms were pulled, wrenched and stretched during the practice. He experienced no pain or difficulty firing his weapon in the target practice segment of the training and made no complaint of injury that day, for the time immediately following the training session, or during the weeks afterward. However, about two months after the training session, claimant sought treatment, alleging that he suffered aches in his right arm that never went away after the session.
Employer/carrier contended that claimant's injury was non-industrial, pointing out that two weeks after the training session he engaged in a strenuous wood-chopping expedition in the mountains. Claimant said he has cut and loaded wood and split it when he got it home for years without any ill effects. He contended that the training session caused a latent injury which the wood-cutting exacerbated.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Susan Gardner vs. Daniger Distributing Company and Workers' Compensation Fund
Case Number --99892
Court/Judge --George
Verdict/Settlement --Order, 9/01
Amount --The ALJ ordered employer/carrier to pay claimant's related medical expenses incurred prior to 9/17/97, including the bills for the MRI, cervical surgery, post-operative visits, physical therapy, prescriptions, and the 1999 visit to Dr. Schwartz. Any further or future medical expense claims were denied, and claimant was urged to have any provider proposing treatment believed to be related to the industrial accident in future to submit the proposed program in writing to the carrier for pre-authorization.
Injuries --Claimant suffered a herniated disc at C6/7 and underwent surgery. Dr. Schwartz gave her a 10% related impairment rating.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Mark D. Dean
Expert Witness(es) --This case was referred to a medical panel consisting of Dr. Louis Schricker and Dr. Alvin J. Wirthlin.
Damages --Employer/carrier paid claimant for her temporary total and permanent partial disability claims, leaving as adjudicable issues the $3,500 in outstanding medical treatment bills and a claim for anticipated future medical treatment.
Facts/Contentions --Claimant was injured when a large metal bed which was being dismantled fell on her head. Claimant also suffers from non-industrial chronic pain syndrome, referred to as fibromyalgia. After her surgery, she continued to experience pain in her head and neck and mental confusion.
Employer/carrier contended that claimant's ongoing symptoms were related to the fibromyalgia, not the industrial injury. Employer/carrier also claimed the surgery was not medically necessitated by the industrial injury.
The medical panel accepted Dr. Schwartz's impairment rating and opined that at least some of claimant's ongoing symptoms were related to the industrial accident. They found the surgery and associated treatment were medically necessary to treat the industrial injury.

REPETITIVE STRESS INJURY
Case Type --WA, SI; Work-related repetitive stress injury
Case Name --Jamie Kay Nelson vs. Maverik Country Stores and/or Fremont Comp Insurance
Case Number --2000365, 2000591
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 9/01
Amount --The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $11,787.82 pus interest. Employer/carrier must also pay claimant $242 per week in temporary total disability compensation starting 12/19/2000 and ending when she reaches medical stability. Employer/carrier must also pay all related medical expenses, plus interest on accrued amounts due.
Injuries --Claimant suffered a small-to-moderate disc protrusion at L5/S1. Both Dr. Barton and Dr. King felt the injury was industrial. Employer/carrier did not present any medical testimony to refute these opinions.
Attorney(s) - Plaintiff --T. Jeffery Cottle (withdrew; then claimant was represented pro se)
Attorney(s) - Defense --Kendall Hatch of Dunn & Dunn
Expert Witness(es) - Plaintiff --Dr. Barton; Dr. King
Facts/Contentions --Claimant worked her way up to the position of bakery manager with employer/carrier. She ordered goods and stacked product. She said she was first injured while working in the cooler, shifting "a lot of boxes" weighing upwards of 50 pounds each. She said she was injured again in the cooler when several poorly stacked boxes fell and struck her in the back.
Employer/carrier contended that claimant's injuries were caused by prior non-industrial incidents.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --(Name of case withheld)
Case Number --98334
Verdict/Settlement --Order, 9/01
Amount --The ALJ found claimant has already been paid all the benefits to which he is entitled; the ALJ therefore dismissed his claim for further benefits with prejudice.
Injuries --Claimant had to have stitches in his lip. He argued that after the accident he suffered permanent migraines, loss of concentration and a total personality change.
Attorney(s) - Plaintiff --Daniel F. Bertch of Bertch Robson
Attorney(s) - Defense --Carrie T. Taylor of Richards, Brandt, Miller & Nelson
Expert Witness(es) -- This case was submitted to a medical panel consisting of Dr. Alvin Wirthlin and Dr. T. Schenbenber--neurologist.
Damages --Employer/carrier paid claimant $4,040.40 for a related 5% permanent whole person impairment as rated by Dr. Moress. Employer/carrier also paid $5,407.82 in temporary total disability compensation and $3,073.08 for medical expenses.
Facts/Contentions --Claimant was injured when the wind picked up a piece of plywood and it blew across the lot, striking claimant and knocking him unconscious.
Employer/carrier admitted that the incident occurred, but denied that claimant's symptoms were caused solely by the accident.
The medical panel found claimant had a prior history of behavioral problems. The panel found no evidence that the industrial injury left claimant with any continuing cognitive, behavioral or emotional difficulties.

AUTOMOBILE ACCIDENT
Case Type --WA, AA; Work-related automobile accident
Case Name --Helena Killpack vs. Pleasure Auto Sales and Uninsured Employers' Fund
Case Number --2000181
Court/Judge --Hann
Verdict/Settlement --Order, 9/01
Amount --The ALJ dismissed this claim on basis that claimant was already paid for her disability pursuant to the settlement agreement signed on 6/24/98, where she gave up the right to seek any further benefits as a result of her injury.
Attorney(s) - Plaintiff --David Aagaard
Attorney(s) - Defense --For UEF: Sheryl Hayashi
Facts/Contentions --Claimant was injured in an automobile accident while in the course and scope of her employment on 10/9/96. She was paid $20,000 pursuant to the terms of a settlement agreement signed by ALJ Sims (retired). Payment was made by the UEF. Claimant filed this application for a hearing in search of further benefits for alleged permanent total disability.
The UEF moved to dismiss the claim, contending that the settlement was full and final and constituted complete payment for claimant's injuries.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Patricia Smith vs. Matrixx Marketing, Incorporated nka Convergys, Incorporated and/or Lumbermen's Mutual Casualty and/or Kemper Insurance Company
Case Number --98990
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 10/01
Amount --The ALJ ordered employer/carriers to pay claimant accrued temporary total disability compensation of $9,030, with credit given for any amounts already paid. This award is due and payable in a lump sum plus interest and less attorneys' fees, which are to be deducted from this award and paid directly to claimant's attorneys. Employer/carriers must also pay claimant accrued permanent partial disability compensation of $5,241.60, with credit given for any amounts already paid. This award is due and payable in a lump sum plus interest and less attorneys' fees, which are to be deducted from this award and paid directly to claimant's attorneys. Employer/carriers must also pay claimant's related medical expenses.
Injuries --Claimant had a previous lumbar laminectomy at L4/5 and L5/S1. She was diagnosed with a bulging disc causing stenosis at L3/4 and segmental instability at the L3/4 level. Claimant later underwent a bilateral segmental fixation with bone screws at L3/4, a bilateral onlay transverse process fusion at L3/4, and a laminectomy at L3/4 with bilateral foraminotomy.
Attorney(s) - Plaintiff --Floyd Holm; then Dale W. Sessions
Attorney(s) - Defense --Abigail Magraine and Susan Black Dunn of Dunn & Dunn
Expert Witness(es) --This case was referred to a medical panel.
Damages --Employer/carrier paid claimant some temporary total disability benefits and some undifferentiated benefits for permanent partial disability.
Facts/Contentions --Claimant stated she was injured at work when she rose and turned to one side after squatting down in a very narrow area and picking up three heavy loose-leaf binders weighing an approximate combined total of 27 pounds.
Employer/carriers contended that claimant's injuries were pre-existing.
The medical panel found the industrial accident caused a permanent aggravation of claimant's pre-existing degenerative back disease. The ALJ found that the actions that caused the aggravation had no analog in the activities of everyday life; the incident therefore met the Allen standard of extraordinary exertion for cases where pre-existing conditions exist.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Jason Banks vs. Cheyenne Enterprises and/or Workers' Compensation Fund
Case Number --99369
Court/Judge --Poelman
Verdict/Settlement --Order, 10/01
Amount --The ALJ accepted the medical panel's findings that claimant stabilized medically on 10/15/98 and that no further medical treatment, including physical therapy, is required. The ALJ therefore ruled that claimant was not entitled to any further benefits and dismissed his claim with prejudice.
Attorney(s) - Plaintiff --K. Dawn Atkin of Atkin & Associates
Attorney(s) - Defense --Lori Hansen and Hans M. Scheffler
Expert Witness(es) --After claimant moved to California, the parties elected to waive a hearing and refer the matter directly to a medical panel.
Damages --Employer/carrier paid claimant $7,083.33 in medical expenses and permanent partial impairment benefits of $2,995.20 for a 5% related whole person impairment.
Facts/Contentions --Claimant was injured 2/4/98, and employer/carrier accepted liability, though they denied claimant's contention that claimant fell as a result of the industrial injury. Employer/carrier stated it paid for several therapy treatments after claimant reached maximum medical improvement, but denied that these payments constituted an admission of liability. The medical panel was asked to determine when claimant stabilized medically and what future care would reasonably be needed to treat his industrial injury.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Vaclav Havlik vs. Lanier Brough; Workers' Compensation Fund; and Employers' Reinsurance Fund
Case Number --98012
Court/Judge --Eblen; translation services were provided by Robert Santzholtzer.
Verdict/Settlement --Order, 10/01
Amount --The ALJ found that despite claimant's attempts to hold down part-time jobs, there was no evidence which proved that claimant was currently capable of substantial, gainful full-time employment or that he had undergone an improvement in his condition sufficient to justify cutting off his permanent total disability compensation. The ALJ therefore denied the motion to discontinue these benefits.
Injuries --Claimant suffered back injuries and has persistent low back pain with a neurological component and continuing foot drop. His condition has not improved despite multiple surgeries, and medical records indicated his condition was worse during these proceedings than it was in 1993.
Attorney(s) - Plaintiff --Phillip B. Shell of Day, Shell & Liljenquist
Attorney(s) - Defense --For ERF: Edwin C. Barnes
Facts/Contentions --Claimant was awarded permanent total disability benefits of $285 per week for life in September of 1991, subject to a stipulation and agreement by the parties. The ERF filed this motion to have the benefits discontinued, contending that claimant was capable of gainful employment. In July of 1993, claimant began working as a driver at Brasher's Auto Auction, shuttling cars from dealer to dealer. He stopped working at Brasher's in early March of 1999 because he was scheduled to undergo back surgery. He tried to return to work after the surgery, but could not stand the pain it caused him. He earned $1,508 in 1993; $6,705 in 1994; $6,932 in 1995; $8,624 in 1996; $8,284 in 1997; $10,024 in 1998; and $3,337 in 1999 from Brasher's, but was unable to return there after his back surgery. Claimant also earned a small amount of money from working at CNC for a friend, who said he provided the work because he knew claimant needed the money. Claimant worked at CNC between 1994 and 1998, but said his son helped him substantially with his work duties there. Claimant also worked as an extra in Touched By an Angel between 1995 and 2000. Claimant said his previous attorney told him he could work while receiving permanent total disability benefits.

WORK INJURY
Case Type --WA; Work-related injuries
Case Name --Marianne Jackson vs. K-Mart (self-insured)
Case Number --99252, 99249
Court/Judge --Eblen
Verdict/Settlement --Order, 10/01
Amount --The ALJ accepted the medical panel's finding that there was no causal link between claimant's work injuries and her ongoing pain; the ALJ therefore dismissed this claim with prejudice. However, the ALJ noted that claimant might choose to pursue an occupational disease claim related to her carpal tunnel syndrome. The ALJ did not issue any findings related to such a possible claim.
Injuries --Claimant first injured her elbow and was diagnosed with post-traumatic tendinitis. Some of her physicians felt she had chronic pre-existing lateral epicondylitis which was exacerbated by her work injury. Surgery was performed, and it was found that claimant suffered synovitis, a chondral fracture which went down through the bone, and chondromalacia of the capitella. Claimant asserted that she overused her right arm after the injury to her left elbow, thus experiencing pain in the right arm and elbow as well. She injured her neck, upper left arm and spine in the fall from the ladder.
Attorney(s) - Plaintiff --Aaron J. Prisbrey, St. George
Attorney(s) - Defense --Henry K. Chai II of Blackburn & Stoll
Expert Witness(es) --Because of conflicting medical testimony, this case was referred to a medical panel consisting of Dr. Owen Smoot--orthopedic surgeon; and Dr. John Hylen--internist and cardiovascular specialist.
Damages --Claimant received benefits related to her industrial injuries, but sought further benefits for medical care related to her ongoing pain.
Facts/Contentions --Claimant was first injured while pulling a 25-pound bag of dog food out of a customer's shopping cart, when her hand slipped off the bag and she banged her left elbow on the platform where customers wrote checks. She was injured the second time when she fall off a ladder at work. She later went to work for Albertson's, but claimed she did not suffer any exacerbation of her earlier injuries there.
Employer contended that claimant's ongoing problems were not related to her earlier work injuries. The medical panel found no causal relationship between claimant's current symptoms and her work injuries, but found it was more likely that claimant suffers from bilateral carpal tunnel syndrome caused by overuse of her hands at K-Mart and Albertson's.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Kathie L. Johnson vs. Heritage Professional Dry Cleaners and Workers' Compensation Fund
Case Number --98656
Court/Judge --Eblen
Verdict/Settlement --Order, 10/01
Amount --The ALJ accepted the medical panel's finding that there is a medically demonstrable causal connection between claimant's industrial injury and her current problems. The ALJ therefore ordered employer/carrier to pay all claimant's future related medical expenses, including the cost of the recommended second surgery, as well as temporary total disability benefits while claimant recuperates from the second surgery.
Injuries --Claimant suffered a knee injury which was repaired with arthroscopic surgery. Another arthroscopy was recommended after claimant's fall at church.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Mark D. Dean
Expert Witness(es) --Because of conflicting medical testimony, this case was assigned to a medical panel consisting of Dr. Owen Smoot--orthopedic surgeon; and Dr. John Hylen--internist and cardiovascular specialist.
Damages --Claimant's employer/carrier paid her temporary total disability and permanent partial disability benefits. Claimant sought further benefits after her fall at church.
Facts/Contentions --Claimant injured her knee while stooping over at work and was referred for physical therapy. The knee popped again while claimant was riding the stationary bike in physical therapy, and claimant was diagnosed with a large "bucket-handle" meniscal tear. Her treating physician assigned claimant a 6% related whole person impairment rating and gave her permanent work restrictions. She later fell on the steps at church and re-injured her knee, claiming the fall was caused by ongoing weakness from the work injury.
Employer/carrier contended that there was no connection between claimant's fall at church and her earlier industrial injury.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Marc M. Karpowich vs. Window Welder and/or Commercial Casualty Insurance
Case Number --20001038
Court/Judge --Hann
Verdict/Settlement --Order, 10/01
Amount --The ALJ found claimant was not injured on the day he claimed; however, the ALJ ruled that claimant did suffer an injury in the course and scope of his employment on the day before. The ALJ also found employer did not make light duty work reasonably available to claimant when he was released to return to light duty and asked his employer for such work. The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $5,755.35, plus interest and less attorney's fees, which are to be deducted from this award and paid directly to claimant's attorney. Employer/carrier must also pay all claimant's related medical expenses.
Injuries --Claimant suffered a shoulder injury which was repaired arthroscopically.
Attorney(s) - Plaintiff --Bruce J. Wilson, Orem
Attorney(s) - Defense --Thomas C. Sturdy of Blackburn & Stoll
Expert Witness(es) - Plaintiff --Claimant's physician originally said claimant's shoulder pain was "insidious in onset," but later amended this statement to say that the physician had made a mistake in referring to his records and claimant had actually told him he was injured at work.
Facts/Contentions --Claimant worked as a replacement windshield installer. He said he went to a body shop in Tremonton to install a large windshield in a van. He said he was to meet another worker there who was supposed to help install the windshield, but the other worker never showed up and claimant tried to install the windshield by himself. Claimant said he injured his shoulder while carrying the windshield when he lost his footing on some gravel and twisted in order to avoid dropping the windshield.
Employer/carrier stated that no windshields were installed by claimant on the day he contended he injured his shoulder. Employer/carrier contended that the shoulder injury was pre-existing.
Work records and testimony from other employees indicated that the injury did take place, but occurred a day earlier than claimant remembered.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Donald S. Wade vs. Russell Logging Company and/or Workers' Compensation Fund; and Employers' Reinsurance Fund
Case Number --2001330, 10008154836
Court/Judge --George
Verdict/Settlement --Order, 10/01
Amount --The ALJ dismissed this case without prejudice after claimant failed to cooperate with employer/carrier's discovery requests. The case may be reopened by a letter submitted by claimant, which must have attached to it a copy of claimants complete answers to employer/carrier's discovery requests.
Injuries --Claimant suffered unspecified injuries.
Attorney(s) - Plaintiff --T. Jeffery Cottle, Orem
Attorney(s) - Defense --For employer/carrier: Mark R. Sumsion of Richards, Brandt, Miller & Nelson; for ERF: Sheryl Hayashi
Facts/Contentions --Claimant stated he was injured in an industrial accident. Employer/carrier moved to dismiss the claim, arguing that claimant failed to cooperate with their discovery demands.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Al Evans vs. Woodland Park Care Center and Workers' Compensation Fund
Case Number --2000816
Court/Judge --Eblen
Verdict/Settlement --Order, 10/01
Amount --The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $4,560 for the period running from 6/16/2000 through 10/13/2000, plus interest. Employer/carrier must also continue to pay claimant's related medical expenses. The claim for additional permanent partial disability benefits was denied, since claimant did not present any evidence to prove he suffered additional impairment.
Injuries --Claimant suffered a right hip injury which caused him ongoing pain, weakness and difficulty ascending stairs. He was diagnosed with a bulged disc at L5/S1. Dr. Chung gave claimant a 3% related whole person impairment rating.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Hans M. Scheffler
Damages --Employer/carrier paid claimant temporary total disability benefits for three weeks at $266 per week, as well as $3,200 in medical expenses. Employer/carrier paid claimant for his 3% permanent partial impairment.
Facts/Contentions --Claimant was injured while assisting a 300+-pound patient in the transfer from her wheelchair to her bed. He later aggravated this injury at work and sought additional temporary total disability compensation for the times he was unable to work. He also sought additional permanent partial disability benefits.
Employer/carrier admitted the accident occurred and accepted liability, but argued that it had already paid claimant all the benefits to which he was entitled.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --(Name of case withheld)
Case Number --2000712
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ found claimant's mental problems were not incurred in the course and scope of his employment, since the denial of full-time employment was not part of or related to his part-time work for the institution. The ALJ therefore dismissed this claim with prejudice.
Injuries --Claimant stated that he developed mental illness due to his employer's treatment of him.
Attorney(s) - Plaintiff --David J. Holdsworth
Attorney(s) - Defense --Theodore E. Kanell of Plant, Wallace, Christensen & Kanell
Facts/Contentions --Claimant stated that he worked as a part-time professor for employer, an institution of higher learning. Claimant contended that a representative of the institution told him it would not hire him as a full professor, ever, which triggered the flare of a delusional disorder in claimant, according to his psychiatrist.
Employer contended that claimant was not an employee of the institution at the time he became ill, but was instead an independent contract worker. Claimant admitted that he was a contract hire.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Victor G. Larsen vs. Neway Products Incorporated and/or Workers' Compensation Fund; and Employers' Reinsurance Fund
Case Number --20001196
Court/Judge --Elicerio; then Hann
Verdict/Settlement --Order, 11/01
Amount --The ALJ found that the claim was extinguished by claimant's death, since there were no outstanding benefits accrued and owing at the time he died. The ALJ therefore granted the ERF's motion to dismiss.
Injuries --Claimant suffered a work-related injury which led to the amputation of several fingers.
Attorney(s) - Plaintiff --Virginius Dabney of Dabney & Dabney, St. George
Attorney(s) - Defense --For employer/carrier: Lori Hansen; for ERF: Sheryl Hayashi
Facts/Contentions --Claimant was paid medical and other benefits by the WCF after he was injured, and when the WCF finished paying its obligation the ERF took over the payment of benefits. Claimant then sought to enter into a settlement agreement with employer/carrier for a lump sum of $25,000. The lump sum was paid to claimant, but the ALJ who handled the case at the time refused to approve the settlement, and instead directed the parties to file a motion to discontinue or alter payment of permanent total disability benefits. The parties did not file the motion, and claimant next filed a motion to have the settlement set aside and the $25,000 applied as an advance on ongoing permanent total disability benefits. WCF claimed it had satisfied its entire obligation and stated that further claims should be addressed to the ERF. When claimant died, the ERF filed a motion to dismiss, arguing that claimant's death extinguished his claim.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Darrell R. Page vs. A-1 International Foods and/or North American Specialty
Case Number --20001004
Court/Judge --Hann
Verdict/Settlement --Order, 11/01
Amount --The ALJ ruled that Utah law is unambiguous in stating that an injured worker's entitlement to medical benefits ceases if no bills are submitted to employer/carrier for a period of three years. Since more than three years had elapsed without claimant submitting any medical bills before this one was submitted, the ALJ denied his claim.
Attorney(s) - Plaintiff --Jack L. Schoenhals
Attorney(s) - Defense --Thomas C. Sturdy of Blackburn & Stoll
Facts/Contentions --Claimant was injured 12/1/92, and employer/carrier accepted liability and paid benefits. Medical expenses were last submitted on 11/17/95. Claimant incurred further medical expenses for related treatment within three years after the last expenses were submitted; however, possibly due to computer error in the doctor's office, these expenses were not submitted until after the three-year period had expired. Claimant was invoiced by his doctor within the three-year limit.
Employer/carrier denied continued liability on grounds that the three-year limit had expired by the time they received the bill for claimant's medical treatment.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Jared Quincy Shirley vs. Tim Hall dba Tim Hall Construction Company and Uninsured Employer's Fund
Case Number --2000598
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ found a preponderance the evidence indicated employer retained rights of supervision and control of claimant's work, and claimant was therefore an employee of employer. The ALJ found claimant was injured in the course and scope of his employment. The ALJ ruled that employer is liable to claimant for accrued temporary total disability benefits of $5,554.17 plus interest and less attorney's fees, which are to be deducted from this award and paid directly to claimant's attorney. Attorney's fees must also include 20% of the interest on the award. Employer is also liable for all claimant's related medical expenses. The issue of permanent partial disability was reserved until claimant receives a permanent partial impairment rating.
The ALJ ordered the ERF to pay claimant's benefits on behalf of uninsured employer; the ALJ ruled that the UEF retains full rights of subrogation and may seek reimbursement from employer for all benefits. The UEF may also assess a penalty of 15% of the total award against employer for failing to maintain workers' compensation insurance coverage for his employees.
Injuries --Claimant suffered a knee injury and was diagnosed with a right medical meniscus tear and micro-fracture of the right anterior cruciate ligament which were repaired arthroscopically. He has not been given a permanent partial impairment rating. Claimant suffered an episode of vasovagal syncope at home the day after the surgery and was taken to Cottonwood Hospital by ambulance.
Attorney(s) - Plaintiff --Andrew Rothenberger of Bertch Robson
Attorney(s) - Defense --For uninsured employer: Hans M. Scheffler; for UEF: Sheryl Hayashi
Facts/Contentions --Claimant was injured while kneeling and stapling plastic on a construction project to protect an opening in the floor from falling snow.
Employer contended that the injury did not arise during the course and scope of claimant's employment because the work was performed under the direction of the general contractor/homeowner rather than employer, who was serving as an independent framing contractor. Claimant was paid by the hour but taxes were not deducted from his wages, and he provided his own hand tools, as is customary in the construction trades. Materials were provided by the homeowner. Employer gave claimant instructions as to the work claimant was to perform, and employer did not ask claimant to furnish employer with proof of workers' compensation insurance.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Steven Bell vs. Cynthia Jones dba Mountain Coral and Uninsured Employers' Fund
Case Number --2000714
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 11/01
Amount --Although employer appeared at the hearing, the ALJ refused to set aside the default order already issued. The ALJ ruled uninsured employer is liable to claimant for accrued temporary total disability benefits of $2,150.04, plus interest. Employer is also liable for all claimant's related medical expenses and for $67.95 in travel expenses. Employer is further liable to claimant for accrued permanent partial impairment benefits of $3,064.32 plus interest.
The ALJ ordered the ERF to pay claimant's benefits on behalf of uninsured employer; the ALJ ruled that the UEF retains full rights of subrogation and may seek reimbursement from employer for all benefits. The UEF may also assess a penalty of 15% of the total award against employer for failing to maintain workers' compensation insurance coverage for her employees.
Injuries --Claimant cut the fourth and fifth fingers of his left hand and suffered an 8% permanent partial impairment to that hand.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Cynthia Jones appeared on her own behalf. For UEF: Sheryl Hayashi
Facts/Contentions --Claimant was injured while cutting Styrofoam on a table saw for his employer.
Uninsured employer failed to file a written answer to this claim and was declared in default before the hearing took place.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --(Name of case withheld)
Case Number --2000361
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 11/01
Amount --The ALJ found claimant's account lacked credibility; the ALJ therefore dismissed this claim on the basis that claimant failed to prove he was injured at work.
Injuries --Claimant suffered upper and lower back injuries.
Attorney(s) - Plaintiff --J. Kent Holland of Anderson & Holland
Attorney(s) - Defense --Michael E. Dyer of Blackburn & Stoll
Facts/Contentions --Claimant stated that his foreman told him to assist four other employees in lifting a one-ton steel plate with pry-bars. Claimant said he experienced back pain and dizziness after helping to lift the plate. He originally said he reported the injury to his foreman, but later amended this account and said he did not report the injury for fear of retaliatory action.
Employer/carrier denied that the accident took place, noting that claimant continued to do heavy work for employer for almost four weeks after the date of the alleged accident before he sought medical treatment. Employer's time sheets must be initialed by employees, including a column headed "Injury Today" which must be filled in with "Yes" or "No." Employer produced the time sheets for the date in question, where claimant wrote "No" and initialed the sheet on the date of the alleged injury. No one other than claimant confirmed any of the particulars of the alleged injury. Employer also produced time sheets where two other employees had written "Yes" in the "Injury Today" column, contending that employees were not sanctioned for reporting injuries.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Ismil Rassa vs. Intermountain Employment Service and Workers' Compensation Fund
Case Number --991014
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ accepted the medical panel's finding and ruled that claimant was entitled to additional medical expenses and disability compensation. The ALJ ordered employer/carrier to pay claimant's medical expenses through 1/18/99 plus interest. Employer/carrier must also pay claimant $1,350.41 in accrued temporary total disability compensation plus interest.
Injuries --Claimant cut his right index finger.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Lori Hansen
Expert Witness(es) --Because of conflicting medical testimony, this case was referred to a medical panel consisting of Dr. John Hylen--cardiologist and internist; and Dr. Owen Smoot--orthopedic surgeon.
Facts/Contentions --Claimant cut his finger on dishwashing machinery while on assignment at LDS Hospital. He went back to work eight days after he was injured, but still complained of symptoms. His doctor continued his light duty restrictions for four months after his was injured.
Employer/carrier asserted claimant did not require medical care beyond the treatment he received for eight days after his injury. Employer/carrier maintained that light duty work was available, but claimant said he called every day and was never offered light duty work.
The medical panel found claimant did not stabilize medically until two months and eight days after he was injured. The panel found claimant's current pain is due to arthritis and peripheral neuropathy and is not industrially related.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Kathie L. Johnson vs. Heritage Professional Dry Cleaners and Workers' Compensation Fund
Case Number --98656
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ accepted the medical panel's finding that there is a medically demonstrable causal connection between claimant's industrial injury and her current problems. The ALJ therefore ordered employer/carrier to pay all claimant's future related medical expenses, including the cost of the recommended second surgery, as well as temporary total disability benefits while claimant recuperates from the second surgery.
Injuries --Claimant suffered a knee injury which was repaired with arthroscopic surgery. Another arthroscopy was recommended after claimant's fall at church.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Mark D. Dean
Expert Witness(es) --Because of conflicting medical testimony, this case was assigned to a medical panel consisting of Dr. Owen Smoot--orthopedic surgeon; and Dr. John Hylen--internist and cardiovascular specialist.
Damages --Claimant's employer/carrier paid her temporary total disability and permanent partial disability benefits. Claimant sought further benefits after her fall at church.
Facts/Contentions --Claimant injured her knee while stooping over at work and was referred for physical therapy. The knee popped again while claimant was riding the stationary bike in physical therapy, and claimant was diagnosed with a large "bucket-handle" meniscal tear which was repaired arthroscopically. Her treating physician assigned claimant a 6% related whole person impairment rating and gave her permanent work restrictions. She later fell on the steps at church and re-injured her knee, claiming the fall was caused by ongoing weakness from the work injury that caused her leg to buckle.
Employer/carrier contended that there was no connection between claimant's fall at church and her earlier industrial injury.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Marc M. Karpowich vs. Window Welder and/or Commercial Casualty Insurance
Case Number --20001038
Court/Judge --Hann
Verdict/Settlement --Order, 11/01
Amount --The ALJ found claimant was not injured on the day he claimed; however, the ALJ ruled that claimant did suffer an injury in the course and scope of his employment on the day before. The ALJ also found employer did not make light duty work reasonably available to claimant when he was released to return to light duty and asked his employer for such work. The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $5,755.35, plus interest and less attorney's fees, which are to be deducted from this award and paid directly to claimant's attorney. Employer/carrier must also pay all claimant's related medical expenses.
Injuries --Claimant suffered a shoulder injury which was repaired arthroscopically.
Attorney(s) - Plaintiff --Bruce J. Wilson, Orem
Attorney(s) - Defense --Thomas C. Sturdy of Blackburn & Stoll
Expert Witness(es) - Plaintiff --Claimant's physician originally said claimant's shoulder pain was "insidious in onset," but later amended this statement to say that the physician had made a mistake in referring to his records and claimant had actually told him he was injured at work.
Facts/Contentions --Claimant worked as a replacement windshield installer. He said he went to a body shop in Tremonton to install a large windshield in a van. He said he was to meet another worker there who was supposed to help install the windshield, but the other worker never showed up and claimant tried to install the windshield by himself. Claimant said he injured his shoulder while carrying the windshield when he lost his footing on some gravel and twisted in order to avoid dropping the windshield.
Employer/carrier stated that no windshields were installed by claimant on the day he contended he injured his shoulder. Employer/carrier contended that the shoulder injury was pre-existing.
Work records and testimony from other employees indicated that the injury did take place, but occurred a day earlier than claimant remembered.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Donald S. Wade vs. Russell Logging Company and/or Workers' Compensation Fund; and Employers' Reinsurance Fund
Case Number --2001330, 10008154836
Court/Judge --George
Verdict/Settlement --Order, 11/01
Amount --The ALJ dismissed this case without prejudice after claimant failed to cooperate with employer/carrier's discovery requests. The case may be reopened by a letter submitted by claimant, which must have attached to it a copy of claimant's complete answers to employer/carrier's discovery requests.
Injuries --Claimant suffered unspecified injuries.
Attorney(s) - Plaintiff --T. Jeffery Cottle, Orem
Attorney(s) - Defense --For employer/carrier: Mark R. Sumsion of Richards, Brandt, Miller & Nelson; for ERF: Sheryl Hayashi
Facts/Contentions --Claimant stated he was injured in an industrial accident. Employer/carrier moved to dismiss the claim, arguing that claimant failed to cooperate with their discovery demands.

WORK INJURY
Case Type --WA; Work-related injury
Case Name --Al Evans vs. Woodland Park Care Center and Workers' Compensation Fund
Case Number --2000816
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ ordered employer/carrier to pay claimant accrued temporary total disability benefits of $4,560 for the period running from 6/16/2000 through 10/13/2000, plus interest. Employer/carrier must also continue to pay claimant's related medical expenses. The claim for additional permanent partial disability benefits was denied, since claimant did not present any evidence to prove he suffered additional impairment.
Injuries --Claimant suffered a right hip injury which caused him ongoing pain, weakness and difficulty ascending stairs. He was diagnosed with a bulged disc at L5/S1. Dr. Chung gave claimant a 3% related whole person impairment rating.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Hans M. Scheffler
Damages --Employer/carrier paid claimant temporary total disability benefits for three weeks at $266 per week, as well as $3,200 in medical expenses. Employer/carrier paid claimant for his 3% permanent partial impairment.
Facts/Contentions --Claimant was injured while assisting a patient weighing over 300 pounds in the transfer from her wheelchair to her bed. He later aggravated this injury at work and sought additional temporary total disability compensation for the times he was unable to work. He also sought additional permanent partial disability benefits.
Employer/carrier admitted the accident occurred and accepted liability, but argued that it had already paid claimant all the benefits to which he was entitled.

WORK INJURY
Case Type --WA; BT; Work-related assault
Case Name --Garlyn W. Davis vs. L. W. Miller Transportation and/or Workers' Compensation Fund
Court/Judge --Hann
Verdict/Settlement --Order, 11/01
Amount --The ALJ stated that she found claimant's account credible; she therefore ordered employer/carrier to pay claimant's related medical expenses.
Injuries --Claimant suffered two smooth fractures of the jaw, with fracturing in teeth numbers 2, 3, 19 and 30.
Attorney(s) - Plaintiff --Claimant was represented pro se.
Attorney(s) - Defense --Eugene W. Miller Jr.
Expert Witness(es) - Plaintiff --Dr. Gary W. Lowder
Damages --Employer reimbursed claimant for $300 of the $600 that was stolen and paid $133 of his medical expenses.
Facts/Contentions --Claimant was injured during a robbery while he was driving a truck for employer. He had a load to deliver at a Jack in the Box in Phoenix and drove down from Logan. Arriving the night before the delivery was scheduled to be made, he discovered he could not park his truck in the customer's lot because the lot only held three trucks and he was not one of the first three scheduled deliveries. He therefore drove to a nearby truck stop, but found its parking lot was also full. He said he parked the truck on a side street and sat in the cab for a while to make sure the neighborhood looked safe, after which he locked all the doors and crawled into the sleeper.
At 7:00 the next morning, claimant stated, two young men broke into the cab, pushed claimant down onto his face in the sleeper, waved a gun at him and demanded his wallet. Claimant said he believed they reached through the window, which claimant had left open a narrow crack for air, and unlocked the door. Claimant gave the men his wallet, and they took $600 and demanded more. Claimant told the men that was all the money he had, but added that the men found some dollar bills which had fallen into his boots while he was getting out his wallet. The robbers became enraged, accused claimant of lying, pulled him up by his hair and struck him in the side of the face with the gun. They then fled. Claimant said he blew the truck's air horn as the robbers were running away, but no one responded.
Claimant said he drove to the truck stop after the robbery and told a policeman there what had happened, but added that he made no formal report because the officer "didn't seem interested." Claimant made his delivery, picked up his return load and drove back to Logan.
Claimant said he believed he suffered no ill effects from being hit with the gun beyond some transitory pain. Two years after the incident, however, he began experiencing pain and felt tooth slivers in his mouth. He consulted Dr. Lowder, who discovered the healed fractures and also found claimant's teeth were beginning to break up. Dr. Lowder said he was quite sure the injuries stemmed from the assault.
Employer/carrier at first paid some of claimant's expenses, but contended that his story of pain and tooth fractures beginning two years after the accident was not credible. Claimant alleged that he filed his claim as soon as he realized his problems were caused by being hit with the gun.
.

OCCUPATIONAL DISEASE
Case Type --WA, MS, OD; Work-related miscellaneous occupational disease (asbestosis)
Case Name --Dwaine M. Johnson vs. USX/Geneva Steel and Employers' Reinsurance Fund
Case Number --99187
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 10/01
Amount --The ALJ found the opinion of treating physician Dr. Ross "more persuasive than the self-contradictory opinions of the medical panel or the isolated opinion of Dr. Kanner." The ALJ therefore accepted Dr. Ross's impairment rating and ruled that claimant suffered a 30% industrial whole person impairment due to his asbestosis. Claimant is on oxygen and is unable to work, and the ALJ found he is permanently and totally disabled. The ALJ ordered employer/carrier to pay claimant permanent total disability compensation of $197 per week for an accrued period of 156 weeks. ERF must then pay claimant $197 per week for the rest of his life or unless otherwise ordered by the Labor Commission. Benefits are to be paid in the form of subsistence payments pending a final determination of permanent and total disability by the ALJ.
Employer/carrier must pay all claimant's related medical expenses up to the first $20,000, after which the ERF must pay any and all further related medical expenses. Attorney's fees are to be deducted from the benefits paid claimant, up to a maximum of $9,200, and paid directly to claimant's attorney.
Injuries --Claimant suffers from asbestosis with marked hypoxemia; he alleged that it caused him to become permanently and totally disabled. A chest X-ray showed bilateral calcifications, and claimant was diagnosed with pulmonary fibrosis. Dr. Kanner was the only physician who felt claimant did not suffer from asbestosis. Claimant smoked about two packs of cigarettes a day for forty years; he also suffers from non-industrial congestive heart failure and hypertension caused by his smoking. The medical panel first found claimant suffered from asbestosis, but later contradicted its own report and stated that claimant did not have asbestosis. Dr. Ross gave claimant a related 30% whole person impairment rating.
Attorney(s) - Plaintiff --Phillip B. Shell of Day, Shell & Liljenquist
Attorney(s) - Defense --For USX/Geneva: Thomas C. Sturdy of Blackburn & Stoll; for ERF: Edwin Barnes
Expert Witness(es) - Plaintiff --Ten physicians, including all the radiologists and treating physicians who saw claimant, concluded that claimant suffered from asbestosis. This case was referred to a medical panel because of the sole dissenting medical opinion of the IME physician.
Expert Witness(es) - Defense --Dr. Richard Kanner--IME
Facts/Contentions --Claimant was exposed to asbestos over a period of two years while working for employer/carrier. He shoveled up asbestos dust, powder and pieces from insulation wraps off steam pipes, while wearing asbestos gloves and a waist-length asbestos coat. Claimant did not wear a mask or respirator during these activities.
Employer/carrier relied on Dr. Kanner's opinion to support its argument that claimant did not suffer from asbestosis. Employer/carrier further argued that claimant did not report his occupational disease within 180 days after the cause of action arose. Claimant argued that he reported the condition within 180 days of receiving his diagnosis. Employer/carrier contended that if claimant did have asbestosis, claimant's asbestosis was caused by his exposure in the U. S. Navy, where he served on the USS Endicott tearing insulation off steam and was otherwise exposed to asbestos-covered pipes for pipes for one year and four months.
The ALJ found claimant had no way of knowing and should not have known that he suffered from occupational disease until after he obtained his first diagnosis, a little less than a year after he first became disabled. Claimant filed notification of injury/illness 152 days after he received the first diagnosis of asbestosis.

OCCUPATIONAL DISEASE
Case Type --OD; Occupational disease claim
Case Name --Sherry Crane vs. Jordan School District
Case Number --20001076
Court/Judge --Hann
Verdict/Settlement --Order, 11/01
Amount --The ALJ granted employer's motion for summary judgment and dismissed this claim with prejudice.
Injuries --Claimant was diagnosed with chronic asthma and multiple chemical sensitivities.
Attorney(s) - Plaintiff --David C. Cundick of Parker, Freestone & Angerhofer
Attorney(s) - Defense --Thomas C. Sturdy of Blackburn & Stoll
Facts/Contentions --Claimant stated she developed chronic asthma and allergies as a result of her exposure to fumes from the cleaning chemicals used at the school where claimant worked as a secretary.
Employer moved for summary judgment, contending that claimant failed to prove medical causation. None of claimant's doctors was willing to state unequivocally that her problems were caused by exposure at work.

OCCUPATIONAL DISEASE
Case Type --OD; Occupational disease claim
Case Name --Gary D. Harris vs. Battelle Memorial Institute/CNA Casualty of California; and EG&G/Liberty Mutual Insurance
Case Number --99332, 99334
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ granted Battelle's motion to dismiss under the Last Injurious Exposure Rule, finding that EG&G was claimant's employer of record for at least 12 months before this claim was filed and would therefore be liable if claimant suffered from occupational disease. The ALJ found, however, that claimant did not produce sufficient evidence to support his claim of disability caused by chemical poisoning on the job at EG&G. The ALJ therefore dismissed this claim with prejudice.
Injuries --Claimant alleged that he suffered neurotoxic poisoning from his chemical exposures. Tests did not show any abnormalities which could stem from chemical poisoning from mustard gas, organophosphates or heavy metals.
Attorney(s) - Plaintiff --Kenneth E. Atkin of Atkin & Associates
Attorney(s) - Defense --For Battelle/CNA: Theodore E. Kanell of Plant, Wallace, Christensen & Kanell; for EG&G: Doug Owens; for Liberty Mutual: Michael E. Dyer of Blackburn & Stoll
Facts/Contentions --Claimant alleged that he suffered toxic chemical exposures during the time he worked for both Battelle and EG&G which left him permanently and totally disabled.
Battelle argued that it should be dismissed from the claim under the Last Injurious Exposure Rule, since claimant was employed by EG&G for more than twelve months after leaving Battelle. Battelle also claimed there were no hazardous waste spills recorded at its incinerator during the time claimant worked there. Records indicated that claimant was not involved in cleaning up any hazardous spills at Battelle.
Liberty Mutual denied that claimant suffered chemical exposures at its facility and also contended that the permanent total disability claim was premature, since claimant did not have a permanent partial impairment rating. Records at both facilities indicated that claimant was not exposed to any dangerous chemicals in the course of his employment at either one.

DISCRIMINATION
Case Type --DS; Discrimination claim
Case Name --Kurt Blair vs. Utah State Department of Human Services
Case Number --8000561
Court/Judge --Eblen
Verdict/Settlement --Order, 10/01
Amount --The ALJ found this claim was not timely filed, since claimant knew or should have known that his rights were allegedly being violated by at least December of 1999, when the Department of Human Services breached its written agreement with him. The ALJ therefore dismissed this claim with prejudice.
Attorney(s) - Plaintiff --Kenneth B. Grimes Jr. of Perkins, Schwobe & McLachlan
Attorney(s) - Defense --Assistant Attorney General Brent Burnett
Facts/Contentions --Claimant stated he sought a promotion to the position of Child Protection Services Lead in July of 1999; he said his immediate supervisor supported the promotion but the head supervisor did not want to give it to claimant because of his disability--migraine headaches. Claimant filed a grievance with the State Career Board on August 31, 1999. The head supervisor stated that claimant's health-related absences from work required the supervisor to assign some of his duties to other staff. The grievance was apparently resolved in a written agreement running through May of 2000 and claimant transferred to an investigative job with Child Protection Services. Claimant stated that outside the terms of the written agreement, he was also promised that he would be given an opportunity to perform the duties of CPS Lead for six months.
Claimant received notice in December of 1999 that he would not receive the additional pay he was promised under the terms of the written agreement because of budgetary constraints. On May 5, 2000, claimant e-mailed his supervisor asking when he would be reviewed for the position, and she e-mailed back that the position was not open because of economic retrenchment.
Claimant received formal notice that he would not be considered for the position of CPS Lead on May 11, 2000. He filed a charge of discrimination on June 22, 2000 alleging the latest date of harm as November 15, 1999, but later amended this complaint to state that the last date of harm was June 5, 2000. The Utah Anti-Discrimination Division (UADD) refused to accept the amended complaint and told claimant that his claim was filed after the statute of limitations had expired. Claimant contended that the events that occurred after the time limit had run were part of a continuing pattern of discrimination that dated back to a time within the limitations period.

FALL
Case Type --WA, SF; Work-related slip/fall
Case Name --Carlos A. Rodriguez vs. Superior Stucco Systems, Incorporated and Uninsured Employers' Fund
Case Number --2000625
Court/Judge --Elicerio; then Poelman
Verdict/Settlement --Order, 9/01
Amount --The ALJ ordered the UEF to pay all claimant's related medical expenses and also to pay claimant accrued temporary total disability compensation of $4,480 and travel fees of $59.52, plus interest and less attorney's fees, which are to be deducted from this award and paid directly to claimant's attorney. Employer was declared in default and the ALJ declared that ERF shall have the right to seek reimbursement from employer, plus a 15% penalty for failure to carry workers' compensation insurance as required by law.
Injuries --Claimant suffered a compound fracture of the left arm, pain in his elbow and a bruise on his leg.
Attorney(s) - Plaintiff --David K. Smith
Attorney(s) - Defense --For ERF: Sheryl Hayashi; employer did not answer or appear.
Expert Witness(es) - Plaintiff --Dr. Anthony S. Gordon
Facts/Contentions --Claimant was injured when he fell about six feet from a scaffolding to the ground.

FALL
Case Type --WA, SF; Work-related slip/fall
Case Name --David L. Morgan vs. Quail Run Log Homes, Incorporated and/or Workers' Compensation Fund
Case Number --2000214
Court/Judge --La Jeunesse
Verdict/Settlement --Order, 9/01
Amount --The ALJ accepted the medical panel's findings and ruled that claimant's right hip and thoracic spinal problems, along with his headaches, dizziness and tremor, are not industrially related. The ALJ further found claimant was not permanently and totally disabled; the ALJ therefore dismissed his claim for permanent total disability benefits with prejudice. The ALJ also dismissed the claim for further temporary total disability benefits.
Injuries --Claimant suffered a low back injury with abnormality at L5/S1 and persisting symptoms; right shoulder impingement syndrome; and chronic olecranon bursitis in his left elbow. The medical panel gave him a 46% impairment rating, with 11% of that impairment industrially related.
Attorney(s) - Plaintiff --Floyd W. Holm
Attorney(s) - Defense --Mark D. Dean
Expert Witness(es) --This case was referred to a medical panel.
Facts/Contentions --Claimant was on top of some scaffolding about 15 feet off the ground, stacking logs, when the wind blew him off the scaffolding. As he fell he grabbed a log and twisted backwards so the log was in front of him. He claimed permanent and total disability, and has continued to suffer headaches, dizziness, tremor, and problems with his thoracic spine and right hip. He asked that if the ALJ denied his claim for permanent total disability, the ALJ might consider awarding claimant additional temporary total disability benefits.
Employer/carrier argued that claimant was not permanently and totally disabled by the fall. The ALJ noted that while complaining of pain in his arm and shoulder, claimant waved the arm up and down like a bird wing. Claimant also admitted working a number of odd jobs since his injury, and a surveillance video presented by employer/carrier showed claimant climbing onto a roof and pulling large pieces of plywood up onto it.

FALL
Case Type --WA, SF; Work-related trip/fall
Case Name --Donna M. Pond vs. La-Z-Boy, Incorporated (self-insured)
Case Number --99700
Court/Judge --Eblen
Verdict/Settlement --Order, 11/01
Amount --The ALJ accepted the medical panel's report and ordered employer to pay claimant accrued temporary total disability benefits of $29,764.94 plus interest and less attorney's fees, which are to be deducted from this award and paid directly to claimant's attorney. The attorney's fees must include 15% of the interest. Employer must continue paying claimant temporary total disability benefits of $248 per week until she stabilizes medically. Employer must continue to pay claimant's related medical expenses.
Injuries --Claimant suffered injuries to her right chest, arm, shoulder-blade, side and leg down to the knee, as well as to her left arm.
Attorney(s) - Plaintiff --Randall G. Phillips, Ogden
Attorney(s) - Defense --Henry K. Chai II of Blackburn & Stoll
Expert Witness(es) --Because of conflicting medical testimony, this case was referred to a medical panel consisting of Dr. John Hylen--cardiologist and internist; Dr. Owen Smoot--orthopedic surgeon; and Dr. John Smith--general surgeon.
Damages --Self-insured employer paid claimant $1,178.13 in medical expenses and $3,077.20 in temporary total disability benefits; they also paid her for a 2% permanent partial impairment.
Facts/Contentions --Claimant tripped over a piece of 1-1/2-to-2-inch angle-iron while walking from one area to another at her employer's factory in Tremonton. She fell forward, tried to break her fall with her outstretched arms, and landed flat on the cement floor. She said she went back to work for two days after she was injured but could not continue due to pain and was eventually terminated from her employment. She claimed entitlement to further medical expenses, as well as temporary total, temporary partial and permanent partial disability compensation.
Self-insured employer contended that all benefits due claimant from the injury had already been paid and that she was medically stable after her accident.
The medical panel found claimant has not yet stabilized medically and needs continuing care for a torn right anterior and posterior glenoid labrum and partially torn supraspinous tendon of the right rotator cuff. Employer objected to the panel's findings on grounds that the panel made a new diagnosis which was not supported by any of the treating physicians. Employer requested an opportunity to conduct further medical evaluations. Claimant responded that employer failed to identify any part of the panel's report that is not supported by substantial evidence.