An individual may be found to be temporary totally disabled based on statements of extreme pain interfering with work activities even if a physician has not placed a Petitioner on any restrictions.

In Velasco, the petitioner injured his index finger while doing restoration, carpet cleaning, and emergency flood work. The petitioner underwent surgery and was restricted to light-duty work. On October 12, 2018, the petitioner’s treating physician, Dr. Burrows, notified him that he could not treat him further because his bills had not been paid. Earlier, Dr. [...]

An individual may be found to be temporary totally disabled based on statements of extreme pain interfering with work activities even if a physician has not placed a Petitioner on any restrictions. 2021-02-26T14:30:00+00:00

The activity of lifting less than 50 pounds while turning one’s neck is considered unusual and extraordinary when doing so in a hurry and facing exigent circumstances.

In Watson, the petitioner was employed as a nurse and was caring for a severely disabled child that had a tracheotomy, resulting in a hole in the child’s neck to facilitate breathing. When the petitioner arrived to care for the child, the child was covered in diarrhea from head to toe. Knowing that if the [...]

The activity of lifting less than 50 pounds while turning one’s neck is considered unusual and extraordinary when doing so in a hurry and facing exigent circumstances. 2021-02-26T14:27:33+00:00

Jurisdiction determined to be inappropriate with the Utah Labor Commission once Petitioner initiated the workers’ compensation process in Colorado.

The ALJ in this matter made findings that Petitioner was initially hired by Respondent, Atlas Van Lines in 1995 as a truck driver. In 2004, Petitioner became an owner operator for the same company. Petitioner delivered and carried goods throughout the continental United States as well as Canada. At the time of hearing, Petitioner was [...]

Jurisdiction determined to be inappropriate with the Utah Labor Commission once Petitioner initiated the workers’ compensation process in Colorado. 2020-07-08T11:56:08+00:00

Petitioner’s testimony is insufficient to prove a medical controversy in Order to assign a Medical Panel

The Order in the Quorp matter shows the importance of arguing a lack of medical controversy should Petitioner’s proceed to hearing without clear medical documentation rebutting Respondents’ IME opinion.  The Order also shows that with the right facts, the Judge’s will by-pass the medical panel if possible and issue an Order directly.            The returned his [...]

Petitioner’s testimony is insufficient to prove a medical controversy in Order to assign a Medical Panel 2020-07-08T09:01:17+00:00

Jurisdiction determined to be inappropriate with the Utah Labor Commission once Petitioner initiated the workers’ compensation process in Colorado.

The ALJ in this matter made findings that Petitioner was initially hired by Respondent, Atlas Van Lines in 1995 as a truck driver. In 2004, Petitioner became an owner operator for the same company. Petitioner delivered and carried goods throughout the continental United States as well as Canada. At the time of hearing, Petitioner was [...]

Jurisdiction determined to be inappropriate with the Utah Labor Commission once Petitioner initiated the workers’ compensation process in Colorado. 2020-05-04T10:08:59+00:00

AMA Guides and Utah Impairment Guides Control Impairment, not Causation in CRPS situation

Petitioner injured his right hand after turning on a hose while the hand was in front of the nozzle. The petitioner was eventually diagnosed with complex regional pain syndrome (CRPS) by three different doctors. However, a fourth doctor, relying on the AMA 5th Edition which is used in Utah Workers Compensation claims, concluded that the [...]

AMA Guides and Utah Impairment Guides Control Impairment, not Causation in CRPS situation 2019-05-31T15:15:53+00:00

All Doctors are not Created Equal—Medical Panel Must Be Qualified by Specialty

Petitioner alleged he was exposed to “high levels of carbon monoxide” due to a carbon monoxide leak from his truck’s engine while he sat in the truck’s cab for approximately four hours waiting for a blizzard to pass. He claimed that as a result of the carbon monoxide exposure, he sustained permanent brain damage, resulting [...]

All Doctors are not Created Equal—Medical Panel Must Be Qualified by Specialty 2019-05-31T14:10:32+00:00

Compensability and the Coming and Going Rule

This Utah Court of Appeals case involves an employee involved in accident while driving a company truck and touches on the instrumentality exception. He was allowed to drive a pickup truck owned by employer back and forth each day from his home to various worksites, and employee was allowed to choose the route he took [...]

Compensability and the Coming and Going Rule 2019-05-31T14:09:07+00:00

Penalties – Was Employer’s Conduct Willful, Therefore Triggering a 15% Increase in Disability Compensation?

Petitioner’s duties required him to place print media onto machine’s rollers and ensure that the materials did not become wrinkled during the printing process. To watch the media, he stood on a box and looked through an open center access panel. Petitioner saw a wrinkle and reached into the printer to flatten it. Before he [...]

Penalties – Was Employer’s Conduct Willful, Therefore Triggering a 15% Increase in Disability Compensation? 2019-05-31T15:43:49+00:00

Compensability and Recreational Activity

Voluntary or Employer Controlled? Petitioner alleged she sustained a right knee injury on September 30, 2017 during a recreational activity that she claimed was related to her employment. The Administrative Law Judge (ALJ) determined her injury was not causally connected to petitioner’s job duties according to the applicable test in Utah regarding recreational activities. On [...]

Compensability and Recreational Activity 2019-04-01T11:25:20+00:00