Utah – Cross Appeal Dismissed

Defendants filed a Petition for Review with the Utah Court of Appeals (the Court) after the Commission ordered the defendants to pay temporary total disability (TTD) benefits for a time period in which the petitioner had already been paid. The petitioner filed a cross-appeal, seeking further TTD benefits. The cross-appeal was filed after the thirty day period provided for petitioning for review had passed.

Our office successfully argued that the Court lacked jurisdiction to hear the petitioner’s cross-appeal. The Court reasoned that the petitioner was not permitted to bring a cross-appeal under the rules of appellate procedure. Specifically, Rule 18 prevents cross-appeals in petitions for review from agency proceedings. Rather, a party challenging the decision of an agency must file their own petition for review within 30 days. Further, even if the cross-appeal could be viewed as a petition for review, the fact that it was filed after 30 days had elapsed from the Utah Labor Commission’s (the Labor Commission) decision deprived the Court of jurisdiction and the appeal was dismissed.

The Court also set aside the Labor Commission’s order regarding the payment of TTD benefits on the grounds that it was not supported by substantial evidence and directed the Labor Commission to determine whether the defendants had already paid the petitioner the TTD benefits the Labor Commission believed he was entitled to.

C.R. England v. Labor Comm’n, 2021 UT App 108, –P.3d—

Want to know more? Contact Jeff Callister at jcallister@pollartmiller.com or 877-259-5693 or Christin Bechmann at cbechman@pollartmiller.com