Industrial Reports

2008

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Renteria vs. Grupo Vidal dba Los Compadres
Case Number – 070392
Court/Judge – This order was issued by Utah Labor Commissioner Sherrie Hayashi.
Date – 09/08
Decision in Favor of – Worker
Amount – The Commissioner noted that she found Los Compadres’ testimony to be inconsistent and illogical, since they did not produce the restaurant manager, the person who actually paid claimant’s wages, to testify. Los Compadres also failed to maintain accurate payroll records as Utah law requires.
The commissioner noted that she also found claimant’s testimony to be somewhat difficult to accept, since claimant admitted that she failed to report the majority of her income to federal and state tax authorities. However, the Commissioner found claimant’s testimony to be more plausible than that submitted by Los Compadres. The Commissioner therefore agreed with the ALJ’s finding that claimant was earning $700 per week at the time she was injured.
The Commissioner affirmed the ALJ’s order awarding benefits to claimant and calculating claimant’s benefit entitlement on the basis of a $700-per-week wage.
Injuries – Claimant suffered unspecified injuries.
Damages – Claimant sought temporary total disability benefits.
Appealed By – Employer filed the motion for review.
Facts/Contentions – Claimant filed a claim for benefits, and ALJ Marlowe conducted a hearing and awarded claimant temporary total disability benefits on the basis of a $700-per-week wage.
The restaurant owner contended that claimant was not making $700 per week at the time she was injured, but was only making $240 per week. Claimant worked as lead cook, providing her own recipes and creating the restaurant’s menus, but the owner claimed that other restaurant employees, including the assistant cook, were paid more than claimant was paid. Claimant’s supervisor, the restaurant manager, did not testify.
Claimant stated that though her pay-stubs reflected a wage of $240 per week, the manager paid her $700 in cash every other Monday. On alternate Mondays, she received a paycheck for $480 and an additional $220 in cash. Claimant testified that in 2006, she asked the manager to issue her a pay-stub showing her actual earnings so that she could qualify for a loan, and the manager did so. She produced this pay-stub at the hearing.
The restaurant owner contended that claimant was never paid in cash. However, the owner admitted that though he contended that claimant only worked 36 hours per week, the restaurant’s payroll records were adjusted to show that she worked 40 hours per week.

OCCUPATIONAL DISEASE CLAIM
Case Type – OD; Occupational disease claim
Case Name – Silva vs. Neutraceutical Corporation; and Argonaut Insurance Company
Case Number – 050326
Court/Judge – This order was issued by Utah Labor Commissioner Sherrie Hayashi.
Date – 09/08
Decision in Favor of – Employer
Amount – The Commissioner noted that claimant never produced any testimony from any of his doctors to support his claim that his chest-wall pain resulted from injurious exposure at work. The Commissioner therefore affirmed the ALJ’s decision dismissing this claim with prejudice.
Injuries – Claimant suffered chest-wall pain.
Damages – Claimant sought benefits for past medical expenses and recommended medical care.
Appealed By – Claimant filed the motion for review.
Facts/Contentions – Claimant contended that while working for Neutraceutical, he was exposed to powdered components of the nutritional supplements the company produced. Claimant contended that these powders caused his dry nose, painful breathing and chest-wall pain. Pulmonary studies were normal, and tests showed allergies to common allergens such as feathers, grasses, trees and animals. On the basis of these findings, ALJ Hann declined to award benefits and dismissed the case with prejudice.
Employer argued that none of claimant’s doctors concluded that claimant’s work at Neutraceutical caused his symptoms.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Fuentes vs. Chuck-a-Rama; and Mid Century Insurance Company
Case Number – 030513
Court/Judge – This order was issued by Utah Labor Commissioner Sherrie Hayashi.
Date – 09/08
Decision in Favor of – Employer
Amount – The Commissioner interpreted the medical panel’s comment regarding the work-hardening program merely as a suggestion for something that “might” be helpful. However, the commissioner concluded, the panel’s comment did not constitute a hard-and-fast statement that the program was necessary to treat claimant’s industrial injury. The commissioner therefore affirmed the ALJ’s order dismissing claimant’s application for further benefits.
Injuries – Claimant suffered left-knee injuries which included a torn anterior cruciate ligament and meniscus which were repaired surgically. She later claimed she developed reflexive sympathetic dystrophy (RSD).
Damages – Claimant sought benefits for recommended medical care, as well as various disability benefits. She later amended her claim to include permanent total disability benefits. After the parties settled, the only claim remaining was for further medical benefits.
Appealed By – Claimant filed the motion for review.
Facts/Contentions – Claimant and employer settled the disability claims before the scheduled hearing before ALJ Marlowe. However, they did not settle the issue of claimant’s entitlement to additional medical treatment for her RSD. Instead they agreed to refer this issue to a Labor Commission medical panel.
The panel examined claimant, reviewed her medical records and diagnostic studies and concluded that claimant’s anterior cruciate ligament and meniscal injuries resulted from her work accident and were treated appropriately with surgery, physical therapy and medication. However, the panel concluded that claimant did not suffer from RSD and did not require any medical treatment for that condition. The panel mentioned that a work-hardening program might be helpful in completing the treatment already given.
ALJ Marlowe issued an order dismissing the claim for further benefits with prejudice. Claimant contended in her motion for review that the ALJ should have ordered employer to pay for the work-hardening program recommended by the medical panel.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Edgar vs. Consolidated Freightways
Case Number – 030132
Court/Judge – This order was issued by Utah Labor Commissioner Sherrie Hayashi.
Date – 09/08
Decision in Favor of – Worker
Amount – The Commissioner noted that the medical panel was composed of impartial medical experts who had no reason to find for or against employer or worker. The Commissioner therefore declined to adopt the opinion of employer’s own medical expert, who was hired and paid by employer, over the opinion of the medical panel. The Commissioner affirmed the ALJ’s order awarding benefits to claimant.
Injuries – Claimant suffered cervical-spinal injuries and underwent surgery.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as disability compensation.
Appealed By – Employer filed the motion for review.
Facts/Contentions – Claimant contended that the injuries he suffered at work caused his cervical-spinal problems.
Employer contended that claimant’s injuries were caused by non-industrial accidents that occurred after his industrial accident.
ALJ Eblen conducted a hearing on the claim, referred the medical issues to a Labor Commission medical panel, and then left the Commission. ALJ Sessions took over the case.
The panel examined claimant, reviewed his medical records and diagnostic studies and concluded that claimant’s cervical-spinal symptoms were caused by his industrial accident. The panel concluded that the treatment claimant received, including the surgery, was appropriate to treat his industrial injuries. ALJ Sessions issued an order awarding benefits to claimant. Benefits included medical benefits, temporary total disability benefits for the time claimant was off work following his surgery, and permanent partial disability benefits for the 18% industrially related whole-person impairment the medical panel assessed.
In its motion for review, employer argued that the ALJ should have relied on the opinion of employer’s independent medical evaluation (IME) physician rather than on the medical panel’s conclusions.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Peterson vs. Utility Trailer; and Liberty Mutual Insurance Company
Case Number – 040203
Court/Judge – This order was issued by Utah Labor Commissioner Sherrie Hayashi.
Date – 09/08
Decision in Favor of – Employer
Amount – The Commissioner, basing her ruling on the medical panel’s findings, affirmed the ALJ’s ruling that claimant’s current back problems were not caused by his industrial injuries. The commissioner further ruled that claimant did not require any additional medical treatment for his industrial injuries after 2000, when he stabilized medically.
Regarding the add-on attorney’s fee, the Commissioner noted that such fees are allowed under Utah law in medical-only claims, but not in claims where disability benefits are awarded. Since the ALJ awarded disability benefits in this claim, the Commissioner reversed the ALJ’s order to employer/carrier to pay the add-on attorney’s fee.
Injuries – Claimant suffered a back injury.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as disability benefits. By the time he filed this claim, employer/carrier had paid over $60,000 in medical expenses and benefits.
Appealed By – Claimant and employer each filed a motion for review.
Facts/Contentions – Claimant originally injured his back in 1993 when he fell onto a U-bolt. He re-injured his back at work in 1995 and filed this claim for additional benefits in 2004 when his symptoms worsened.
Claimant and employer agreed to waive a hearing and refer the medical issues in this case directly to a Labor Commission medical panel. The panel examined claimant, reviewed his medical records and diagnostic studies and concluded that claimant’s industrial accident did not cause his current back problems.
ALJ Sessions adopted the panel’s conclusions and found that employer/carrier had already paid claimant for the 5% industrial whole-person impairment he sustained in the original accident. The ALJ ordered employer/carrier to pay any outstanding medical bills claimant incurred before he stabilized medically in 2000. The ALJ also ordered employer/carrier to pay an add-on attorney’s fee to claimant’s attorney. In his motion for review, claimant argued that the ALJ should have relied on the opinion of claimant’s treating physicians rather than on the medical panel’s conclusions.
In its motion for review, employer/carrier disputed the add-on attorney’s fee, contending that the ALJ did not have the authority to order employer/carrier to pay it.

OCCUPATIONAL DISEASE CLAIM
Case Type – OD; Occupational disease claim
Case Name – Beene vs. SBA Network Services; and/or American Home Assurance Company
Case Number – 070581
Court/Judge – Holley
Date – 09/08
Decision in Favor of – Employer
Amount – The ALJ ruled that Utah law applied to this case because claimant came back to Utah on his time off. The ALJ noted that although all of claimant’s treating physicians wrote that they believed his shoulder problems might have been caused by his work activities, none of them ever stated outright that the work activities caused the shoulder problems. The ALJ therefore ruled that claimant failed to prove his work activities caused his shoulder problems. In order to prove his claim successfully, the ALJ wrote, he needed to obtain additional medical records proving causation or to obtain clarification from his providers, and he failed to do either. The ALJ therefore dismissed this claim for benefits with prejudice.
Injuries – Claimant suffered right-shoulder injuries, including a possible rotator-cuff tear with nerve impingement. Claimant may need surgery in future.
Attorney(s) - Plaintiff – David J. Holdsworth
Attorney(s) - Defense – David H. Tolk of Richards, Brandt, Miller & Nelson
Expert Witness(es) - Plaintiff – Dr. Richard Whittington, Dr. Jay Parkin, Dr. John Skedros
Expert Witness(es) - Defense – Dr. Scott Knorpp–independent medical evaluation (IME) physician
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits. Facts/Contentions – Claimant installed antennae on communications towers. First he climbed 280 feet up a tower. Then he winched up the antenna mounts, which weighed around 800 pounds and measured 10 to 12 feet across. Then claimant winched up and installed the antenna, which was similarly bulky and heavy. Next he strung the 2.25-inch-diameter coaxial cable, hoisting it to shoulder-level, supporting 250 pounds of it on his shoulders while attaching it to the antenna, and stringing it out behind him on his way to the ground, attaching it to the tower every three feet. Claimant took three days to complete each tower; then he and his team moved to the next one. He worked seven days a week, six weeks on and one week off. He worked in various states, but usually came home to Utah on his week off.
Claimant first experienced fiery pain in his shoulder about ten months after starting this job with employer, and the pain increased when he started working longer hours to complete tower upgrades in time for the Christmas holidays. He stated that the pain eased when he performed ground-crew duty and increased when he went back to working on towers.
Employer/carrier disputed causation, contending that claimant’s shoulder problems were degenerative and non-industrial in nature.

FALL INJURY CLAIM
Case Type – WA, SF; Work-related slip/fall injury claim
Case Name – Pettingill vs. ATK Thiokol Incorporated/Alliant Techsystems Incorporated; and/or American Home Assurance Company
Case Number – 070258
Court/Judge – Hann
Date – 09/08
Decision in Favor of – Worker
Amount – In her opinion, the ALJ wrote that the Utah Supreme Court has established two exceptions to the “going and coming” rule (the rule which exempts employers from liability if employees are injured while going to or coming from work). The first exception is for an injured employee who is hurt on the employer’s premises. The second exception is for special hazards. In this case, the ALJ ruled, the worker was injured on employer’s premises; therefore the first exception applied and the employer was liable. The ALJ ordered employer/carrier to pay claimant’s related medical expenses plus 8% per annum interest.
Injuries – Claimant suffered a head injury resulting in a subdural hematoma and requiring hospitalization.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – Bret A. Gardner of Blackburn & Stoll
Damages – Claimant sought benefits for past medical expenses and recommended medical care.
Facts/Contentions – Claimant had a meeting first thing in the morning in a building other than the one in which he usually worked. He arrived at work and parked in a lot on employer’s premises close to the building where the meeting was to be held. After getting out of his car, he slipped on ice and fell, hitting his head. Other employees arriving for work assisted him.
Employer/carrier claimed the accident was not work-related because it occurred before claimant arrived at work. Employer/carrier claimed exemption from liability under the “going and coming” rule (see above).

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Limb vs. Skywest Airlines; and/or Insurance Company of the State of Pennsylvania
Case Number – 060840
Court/Judge – Holley
Date – 09/08
Decision in Favor of – Employer
Amount – The ALJ adopted the medical panel’s conclusions and ruled that claimant’s work activities did not cause his pneumonia. The ALJ therefore dismissed this claim for benefits with prejudice.
Injuries – Claimant suffered a lumbar sprain/strain, a chest-wall injury, and right-lower-lobe pneumonia with a pleural effusion.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – Ford G. Scalley of Scalley Reading Bates Hansen & Rasmussen
Expert Witness(es) – Because conflicts existed in the medical testimony, the ALJ referred this case to a Labor Commission medical panel. Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits, in connection with the pneumonia he developed.
Facts/Contentions – Claimant worked a double shift as a ramp agent, handling baggage. During his shift, claimant felt a twinge in his lower back and the muscles seized up. Claimant left for a previously scheduled vacation, but visited a clinic in California because he was in pain. Four days later, he visited a WorkCare clinic in Utah. Six days after that he went to the emergency room at St. Mark’s Hospital with breathing problems and was hospitalized for pneumonia. He claimed he developed pneumonia because he was “splinting,” or holding the muscles of his chest still and not breathing deeply, because of the pain of his work-related injuries.
Employer/carrier contended that claimant’s pneumonia was not causally related to his industrial injuries.
The medical panel examined claimant, reviewed his medical records and diagnostic studies and concluded that claimant began showing signs of a bacterial infection within two days of the incident at work. The panel concluded that claimant’s pain on the day of the injury was probably caused by the developing pneumonia and not by an industrial injury.

WORK INJURY CLAIM
Case Type – WA; Work-relayed injury claim
Case Name – Adams vs. Komatsu; and/or Travelers Property Casualty Company of America
Case Number – 070182
Court/Judge – Holley
Date – 09/08
Decision in Favor of – Worker
Amount – The ALJ adopted the medical panel’s conclusions and ruled that the botox injections were reasonable to treat claimant’s work-related headaches. The ALJ therefore ordered employer/carrier to pay claimant’s outstanding and future related medical expenses, plus an add-on attorney’s fee.
Injuries – Claimant suffered a facial wound, a laceration of the left eyebrow, post-concussion syndrome, a tear of the iris sphincter of his right eye, internal inflammation and swelling of his right retina, and ongoing headaches.
Attorney(s) - Plaintiff – Jeffery Cottle, Orem
Attorney(s) - Defense – Brad J. Miller, Greenwood Village, Colorado
Expert Witness(es) – Because conflicts existed in the medical testimony, the parties agreed to waive a hearing and the ALJ referred the issue of medical benefits directly to a Labor Commission medical panel.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as permanent partial disability benefits. The parties resolved the issue of permanent partial disability benefits in a separate settlement.
Facts/Contentions – Claimant was injured when a crane-hook struck him in the face.
Employer/carrier accepted liability and paid benefits, but disputed the necessity of the botox injections claimant’s doctor gave him for his traumatic headaches. Claimant contended that the injections were the only treatment that reduced his pain to a bearable level.
The medical panel examined claimant, reviewed his medical records and diagnostic studies and concluded that the botox injections were reasonable to treat claimant’s headaches.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Molinaro vs. B. J. Services; and/or ACE American Insurance Company
Case Number – 070999
Court/Judge – La Jeunesse
Date – 09/08
Decision in Favor of – Split decision: part in favor of worker; part in favor of employer
Amount – The ALJ ruled that claimant suffered an industrial injury. The ALJ therefore ordered employer/carrier to pay claimant ‘s related medical expenses plus interest for his industrial injury, including the $469.00 he owed in outstanding medical bills. However, because claimant failed to prove he suffered any permanent impairment, the ALJ dismissed his claim for permanent partial disability benefits with prejudice.
Injuries – Claimant suffered a facial wound. He underwent outpatient surgery to remove the piece of metal.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – Bret A. Gardner of Blackburn & Stoll
Expert Witness(es) - Plaintiff – Dr. Steven Berry
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as permanent partial disability benefits. Facts/Contentions – Claimant was injured when a piece of metal the size of a fingernail penetrated his face near his right temple. He paid out of pocket for his treatment. He did not produce any evidence to prove that he suffered permanent impairment.
Employer/carrier denied liability.

FALL INJURY CLAIM
Case Type – WA, SF; Work-related fall injury claim
Case Name – Kirk vs. Utah Controls Incorporated; and/or Liberty Mutual Fire Insurance Company
Case Number – 070140
Court/Judge – Trayner
Date – 09/08
Decision in Favor of – Employer
Amount – The ALJ adopted the medical panel’s conclusions and ruled that claimant failed to prove his industrial accident permanently aggravated his pre-existing low-back problems. The ALJ therefore dismissed this claim for benefits with prejudice.
Injuries – Claimant suffered a herniated disc at L4/5. He underwent surgery.
Attorney(s) - Plaintiff – W. Scott Lythgoe of Coggins, Larreau & Lythgoe, Ogden
Attorney(s) - Defense – Mark D. Dean of Blackburn & Stoll
Expert Witness(es) – Because conflicts existed in the medical testimony, the ALJ referred this case to a Labor Commission medical panel chaired by Dr. Alvin J. Wirthlin–neurologist; and including Dr. Glenn l. Momberger–orthopedic surgeon.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits and permanent partial disability benefits.
Facts/Contentions – Claimant was up on a ladder, with his arms extended overhead and his hands full of tools, installing a security box about three feet above a six- or seven-foot-tall door. Another employee opened the door and attempted to walk in, knocking claimant off the ladder. Claimant hit his head on a metal box sticking out of the wall. He reported the incident to his supervisor and tried to continue working, but could not. He drove himself to a local emergency room.
Employer/carrier denied liability, contending that claimant’s low-back problems were pre-existing. Claimant had an extensive history of lumbar-spinal osteoarthritis.
The medical panel examined claimant, reviewed his medical records and diagnostic studies and concluded that claimant suffered only a temporary aggravation of his pre-existing, non-industrial lower-back problems in the industrial fall, and the pre-existing problems caused the herniated disc.

CLAIM FOR WORK INJURIES
Case Type – WA; Claim for work-related injuries
Case Name – Evans vs. Ace Fab and Welding and/or Workers’ Compensation Fund; Wellco Trailer and/or Workers’ Compensation Fund; Employers’ Reinsurance Fund
Case Number – 060419
Court/Judge – Hann
Date – 10/08
Decision in Favor of – Employer
Amount – The ALJ ruled that since claimant was working and earning wages, he was not permanently and totally disabled. The ALJ therefore dismissed the claim for permanent total disability benefits with prejudice. Because claimant withdrew his claims for temporary total disability benefits and permanent partial disability benefits at the beginning of the hearing, the ALJ dismissed the claims for these benefits without prejudice, allowing claimant to re-file them later if necessary. Because claimant did not submit any medical expenses to Wellco or its carrier for more than three consecutive years after his industrial injury at Wellco, the ALJ ruled that his claims for benefits from Wellco are barred by Utah law. Regarding the industrial accident at Ace, the ALJ adopted the medical panel’s opinion and ruled that the accident did not cause claimant’s current low-back problems. The ALJ therefore dismissed the claim for medical benefits related to the industrial accident at Ace. The ALJ dismissed the ERF from this claim.
Injuries – Claimant suffered a disc herniation at L5/S1. He underwent surgery after the second industrial accident.
Attorney(s) - Plaintiff – Michael G. Belnap. Ogden
Attorney(s) - Defense – For Ace/WCF: Eugene C. Miller Jr.; for Wellco/WCF: Hans M. Scheffler; for UEF: Wendy B. Crowther of Clyde, Snow, Sessions & Swenson
Expert Witness(es) – Because conflicts existed in the medical testimony regarding the accident at Ace, the ALJ referred this claim to a Labor Commission medical panel chaired by Dr. Alan J. Goldman–neurologist.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits, permanent partial disability benefits and permanent total disability benefits.
Facts/Contentions – Claimant first injured his back at Wellco in 1990 while lifting a 24-foot-long, six-inch-wide piece of channel. He sustained a 7% industrial whole-person impairment in that accident and stabilized medically without surgery. He re-injured his back at Ace in 2002 while pushing an 800-to-1200-pound piece of square tubing from a forklift onto the rollers of a saw.
Wellco’s WCF claims adjuster testified that claimant never submitted any claims for payment of expenses to him following the 1990 industrial accident at Wellco.
Ace/WCF contended that claimant’s low-back problems were caused by the industrial accident at Wellco and not by the second accident at Ace. The medical panel examined claimant, reviewed his medical records and diagnostic studies, and concluded that his low-back problems stemmed from the first industrial accident at Wellco. The panel noted that claimant’s MRI following the second industrial accident at Ace differed very little from the one taken following the first industrial accident at Wellco.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Kallas vs. U.S. Steel and/or Employers’ Reinsurance Fund; Payson City Police Department and/or Workers’ Compensation Fund
Case Number – 070199
Court/Judge – Hann
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ adopted the medical panel’s conclusions and ruled that because claimant’s Payson-City-related injury altered his overall medical impairment, the Payson-City-related injury was compensable. The ALJ ordered Payson City and WCF to pay claimant $22,479.72 in accrued temporary total disability benefits. These benefits are due in a lump sum plus 8% per annum interest and less attorney’s fees, which must be paid directly to claimant’s attorney. Payson City/WCF must also pay all of claimant’s related medical expenses, including the costs of the surgery, and any related future medical expenses.
Injuries – Claimant suffered a low-back injury.
Attorney(s) - Plaintiff – Sandra N. Dredge of Dredge & Lallatin, Provo
Attorney(s) - Defense – For Payson City/WCF; Floyd Holm; for U.S. Steel; Thomas C. Sturdy of Blackburn & Stoll
Expert Witness(es) – Because conflicts existed in the medical testimony, the parties agreed to waive a hearing and the ALJ referred this claim directly to a Labor Commission medical panel chaired by Dr. Alvin J. Wirthlin–occupational medicine specialist; and including Dr. Glenn L. Momberger–orthopedic surgeon.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits and reimbursement for travel expenses incurred while seeking treatment.
Facts/Contentions – Claimant injured his low back on June 6, 2002 while working for the Payson City Police Department.
Payson City Police/WCF denied liability, contending that claimant suffered only a temporary aggravation of prior industrial injuries suffered while claimant was working at U.S. Steel.
U.S. Steel denied liability, contending that claimant’s injury at the Payson City Police Department was a new injury and not a re-injury. The medical panel examined claimant, reviewed his medical records and diagnostic studies, and concluded that claimant suffered a permanent aggravation of his prior U.S.-Steel-related industrial injury while working for the Payson City Police Department. The panel felt that claimant’s permanent aggravation altered his overall medical impairment.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Leslie vs. Bo’s Construction; and/or Uninsured Employers’ Fund
Case Number – 070427
Court/Judge – Holley
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ruled that claimant suffered a compensable industrial injury while working for uninsured employer. The ALJ ordered employer to pay claimant’s outstanding and future related medical expenses plus $75.00 in reimbursement for travel expenses which claimant incurred while seeking treatment.
Injuries – Claimant suffered a wrist injury with chondromalacia of the lunate, triquetral and ulnar joint compartments and a possible triangular fibrocartilage tear.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – For Bo’s: Richard D. Bradford of Bradford & Brady, Provo; for UEF: Edward O. Ogilvie
Expert Witness(es) - Plaintiff – Dr. Day
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as reimbursement for travel expenses incurred while seeking treatment.
Facts/Contentions – Claimant was framing a house. He was standing under a sub-floor and reaching overhead to place a beam in the sub-floor when the beam slipped and landed on his wrist. The wrist began to swell, and claimant sought treatment at a hospital emergency room.
Uninsured employer argued that because claimant failed to use required safety equipment, his industrial accident was not compensable. The ALJ wrote in her opinion that the clause in Utah law barring benefits for workers who fail to use mandated safety equipment does not apply to medical benefits.
The UEF investigated and stated that Bo’s was solvent and capable of paying claimant’s benefits if so ordered.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Nicks vs. Lowe’s; and/or New Hampshire Insurance Company
Case Number – 070591
Court/Judge – Luke (southern Utah office of Labor Commission)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ruled that claimant suffered a compensable industrial injury. The ALJ ordered employer/carrier to pay claimant $2,511 in accrued temporary total disability benefits in a lump sum plus 8& per annum interest. Employer/carrier must reimburse claimant at 37.5 cents per mile for 149.6 miles of travel which claimant incurred while seeking medical treatment. Employer/carrier must also pay claimant’s related medical expenses.
Injuries – Claimant suffered a right-knee injury with complete disruption of the anterior cruciate ligament, a Grade I sprain of the medial collateral ligament, a complex tear with the posterior horn of the medial meniscus extending into the body if the meniscus, a focal defect involving the articular cartilage of the medial femoral condyle adjacent to the meniscal tear and bone-marrow edema within the medial aspect of the medial femoral condyle and tibial spine due to trauma. Claimant underwent surgery and physical therapy.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – None listed
Expert Witness(es) - Plaintiff – Dr. Keith Britt–treating physician; Dr. Michael Anderson–treating surgeon
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits and reimbursement for travel expenses incurred while seeking treatment.
Facts/Contentions – Claimant was kneeling at a panel saw to verify the accuracy of a cut. His knee popped and started to hurt when he stood up.
Employer/carrier did not answer the claim or appear at the hearing, and the ALJ declared them in default.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Villacorta vs. American Recreation; and/or Travelers Indemnity Company
Case Number – 050677
Court/Judge – Luke (southern Utah office of Labor Commission)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ adopted the medical panel’s conclusions and ruled that claimant suffered a compensable industrial injury. The ALJ ordered employer/carrier to pay claimant $9,0039.00 in accrued temporary total disability benefits. Benefits are due in a lump sum plus 8% per annum interest and less attorney’s fees, which must be paid directly to claimant’s attorney. Employer/carrier must also pay all of claimant’s related medical expenses.
Injuries – Claimant suffered a small central disc bulge with annular tear at L4/5 and a disc bulge at L5/S1 with nerve-root impingement.
Attorney(s) - Plaintiff – Aaron J. Prisbrey of Aaron J. Prisbrey & Associates, St. George
Attorney(s) - Defense – Mark R. Sumsion of Richards, Brandt, Miller & Nelson
Expert Witness(es) – Because conflicts existed in the medical testimony, the parties agreed to waive a hearing and the ALJ referred this claim directly to a Labor Commission medical panel chaired by Dr. Scott M. Smith–orthopedic surgeon.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits.
Facts/Contentions – Claimant was injured on March 15, 2005.
Employer/carrier denied liability, contending that claimant’s medical records showed he had suffered from back pain since 2004. The medical panel examined claimant, reviewed his medical records and diagnostic studies, and concluded that claimant’s industrial injury aggravated his pre-existing back condition.

SLIP INJURY CLAIM
Case Type – WA, SF; Work-related slip injury claim
Case Name – Flores-Ruiz vs. Hansen’s Landscaping; and/or Workers’ Compensation Fund
Case Number – 070200
Court/Judge – Luke (Labor Commission southern Utah office)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ruled that claimant suffered an industrial injury. The ALJ ordered employer/carrier to pay claimant’s related medical expenses. Employer/carrier must also pay claimant temporary total disability benefits of $282 per week, starting on 12/11/06, his date of injury, and continuing until he stabilizes medically. Accrued benefits are payable in a lump sum plus 8% per annum interest and less attorney’s fees, which must be paid directly to claimant’s attorney. Because claimant is not yet medically stable, his claims for permanent partial disability benefits and temporary partial disability benefits are not yet ripe for adjudication; therefore the ALJ reserved these claims.
Injuries – Claimant suffered a left-knee injury. His doctor says he needs surgery before he can return to work.
Attorney(s) - Plaintiff – Rick D. Bonewell of Bonewell & Morris, St. George
Attorney(s) - Defense – Stephen H. Urquhart of Thompson, Awerkamp & Urquhart, St. George
Expert Witness(es) - Plaintiff – Dr. Scott M. Smith–orthopedic surgeon
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits, temporary partial disability benefits and permanent partial disability benefits.
Facts/Contentions – Claimant slipped while dumping a container of leaves. His leg twisted and one side of his body gave way. He tried to keep working after a short rest, but was unable to work the next two days. He reported the injury to his supervisor, who told him to put ice on the knee. When he did return to work he was fired, allegedly because of a dispute he had with another supervisor. After being fired, claimant tried to work at a McDonald’s, but was unable to continue because of knee pain. He has not worked since his injury. He eventually sought treatment at a local emergency room 17 days after being injured because a friend advised him to do so.
Employer claimed the worker suffered the knee injury while playing soccer. Employer’s son testified that he saw claimant playing soccer, but this testimony was vague as to date, time or circumstances.

WORK INJURY CLAIM
Case Type – WA; Work-related injury claim
Case Name – Carillo vs. Aramark; and/or Indemnity Insurance Company of North America
Case Number – 070547
Court/Judge – Luke (Labor Commission southern Utah office)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ruled that claimant suffered an industrial injury. The ALJ ordered employer to pay claimant’s related medical expenses. Employer must also pay claimant $308 per week from 11/12/06, his date of injury, until he stabilizes medically. Accrued temporary total disability benefits of $9,856 are payable in a lump sum plus 8% per annum interest and less attorney’s fees, which must be paid directly to claimant’s attorney.
Injuries – Claimant suffered a low-back injury. He is not yet medically stable.
Attorney(s) - Plaintiff – Aaron J. Prisbrey of Prisbrey & Associates, St. George
Attorney(s) - Defense – Employer did not answer or appear at the hearing on this claim. The ALJ declared employer to be in default.
Expert Witness(es) - Plaintiff – Claimant’s treating physician submitted a report substantiating his injury.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits.
Facts/Contentions – Claimant was injured at work on 11/12/06. He filed this application for benefits on 11/18/07, and absent a reply from employer, the ALJ found the facts in his affidavit of injury to be undisputed.

ELEVATOR ACCIDENT CLAIM
Case Type – WA, MS; Work-related miscellaneous claim (elevator accident)
Case Name – Nelson vs. Dixie Regional Medical Center (self-insured)
Case Number – 060261
Court/Judge – Luke (Labor Commission southern Utah office)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ adopted the medical panel’s conclusions and ruled that claimant suffered an industrial injury. The ALJ ordered self-insured employer to pay claimant $1,902.57 in permanent partial disability benefits for his 2% industrial while-person impairment. Benefits are payable in a lump sum plus 8% per annum interest and less attorney’s fees, which must be paid directly to claimant’s attorney.
Injuries – Claimant suffered low-back and mid-back injuries. He originally filed a claim for left-hip injuries, but the parties dismissed this claim by stipulation on grounds that over three years passed without claimant submitting any medical bills in connection with this injury.
Attorney(s) - Plaintiff – Rick D. Bonewell of Bonewell & Morris, St. George
Attorney(s) - Defense – Mark A. Riekhof of Hall Prangle & Schoonveld
Expert Witness(es) – Because conflicts existed in the medical testimony, the ALJ referred this case to a Labor Commission medical panel chaired by Dr. Scott M. Smith–orthopedic surgeon.
Damages – Claimant sought permanent partial disability benefits.
Facts/Contentions – Claimant was injured when an elevator he was riding in fell three stories.
Self-insured employer acknowledged “provisionally” that the accident occurred, but claimed that they paid claimant all of the benefits to which he was entitled in connection with his industrial injury. Employer contended that most of claimant’s injuries were either pre-existing or post-industrial. They further argued that claimant failed to submit any medical expenses to them for a period of three years following his injury, so that under Utah law they were no longer obligated to pay benefits.
The medical panel examined claimant, reviewed his medical records and diagnostic studies and concluded that his hip injury was not causally related to his industrial accident, but his low-back injury was causally related. The panel noted that claimant had a pre-existing low-back condition, but also noted that this condition was stable until the industrial accident occurred. The panel felt claimant stabilized medically two and one-half months after his industrial accident. The panel estimated claimant’s industrial whole-person impairment to be 2%. The panel felt the medical care claimant received for his industrial injury was reasonable and necessary, and claimant may need future medical treatment, although surgery is not indicated. Claimant withdrew his claim for medical benefits in connection with this injury.

FALL INJURY CLAIM
Case Type – WA, SF; work-related slip/fall injury claim
Case Name – Carney vs. Washington County Water Conservancy District; and/or Workers’ Compensation Fund
Case Number – 060706
Court/Judge – Luke (Labor Commission southern Utah office)
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ordered employer/carrier to pay all of claimant’s related medical expenses, including the cost of the epidural injection, narcotic pain-relievers, anti-inflammatory medications and Provigil as prescribed. Employer/carrier must also pay an add-on fee to claimant’s attorney.
Injuries – Claimant suffered a permanent aggravation of his pre-existing low-back injuries. Employer/carrier’s IME physician felt the medical care claimant was receiving for his industrial injury was reasonable.
Attorney(s) - Plaintiff – Virginius C. Dabney of Dabney & Dabney, St. George
Attorney(s) - Defense – Stephen H. Urquhart of Thompson, Awerkamp & Urquhart, St. George
Expert Witness(es) - Plaintiff – Dr. Mel Carter–treating physician
Expert Witness(es) - Defense – Dr. Richard Knoebel–independent medical evaluation (IME) physician
Damages – Claimant sought benefits for past medical expenses and recommended medical care.
Facts/Contentions – Claimant slipped on ice while descending an exterior flight of stairs in January. He tried to catch himself by grabbing the handrail, but failed, falling the last two or three steps and landing on his buttocks.
Employer/carrier acknowledged that the injury occurred and paid some benefits. However, employer/carrier argued that all of the medical care claimant is currently receiving is related to pre-existing, non-industrial conditions.

TRUCK ACCIDENT CLAIM
Case Type – WA, TA; Work-related truck accident claim
Case Name – Edwards vs. Knight Refrigerated
Case Number – 070786
Court/Judge – Hann
Date – 10/08
Decision in Favor of – Worker
Amount – The ALJ ordered employer to pay claimant’s related medical expenses. Unpaid expenses are payable in a lump sum plus 8% per annum interest. Since claimant did not take any time off work because of his injury, the ALJ dismissed the claim for temporary total disability benefits without prejudice so that claimant can re-file it in the future if necessary.
Injuries – Claimant suffered muscle strains, lumbosacral strain and pain. He is not currently receiving any medical care in connection with the accident.
Attorney(s) - Plaintiff – Claimant appeared pro se.
Attorney(s) - Defense – Employer did not answer or appear at the hearing on this claim. The ALJ declared employer to be in default.
Expert Witness(es) - Plaintiff – Claimant was treated at Davis Hospital, and they referred him to WorkMed for a course of treatment.
Claimant’s medical records from those facilities were submitted into evidence.
Damages – Claimant sought benefits for past medical expenses and recommended medical care, as well as temporary total disability benefits.
Facts/Contentions – Claimant was driving a company truck on I-15 near Ogden when a tire blew and the brakes failed, causing claimant to crash into the concrete side barrier. The truck then caught fire and exploded, but claimant was able to get out of it before it did so.