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

Defense Independent Medical Examinations in Utah

Appeals Board of Utah Labor Commission holds recording of an independent medical examination (IME) not allowed where recording interferes with the employer’s right to have an IME performed by a physician of its choice. Respondent set an independent medical examination (IME) and functional capacity evaluation (FCE) consistent with the Utah Workers’ Compensation Act. Petitioner objected and [...]

Defense Independent Medical Examinations in Utah 2019-04-01T11:21:41+00:00

Utah

Remember the September 1, 2018 Deadline to file the Opioid Prescribing Policy Reporting Form Just a final reminder that a workers’ compensation insurer (or self-insured employer) is required to submit a report to the Utah Insurance Department on or before September 1, 2018 indicating whether or not the insurer has adopted an opioid policy as set forth [...]

Utah 2019-01-29T08:37:44+00:00