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BURGESS v. SIAPERAS SAND & GRAVEL9/11/1998
Siaperas Sand and Gravel (Siaperas), JWR Construction (JWR), and the Workers' Compensation Fund of Utah (WCF) appeal the Industrial Commission's (Commission) Order on Motions for Review affirming the Administrative Law Judge's (ALJ) dismissal of Rolland Burgess's claim for permanent total disability benefits under the Utah Workers' Compensation Act (the Act). The petitioners challenge the determination that "in light of the Industrial Commission's continuing jurisdiction in this case to consider Mr. Burgess's right to additional benefits when and if such rights accrue, there is no need to hold Mr. Burgess's current applications open."
BACKGROUND
This case arises from Burgess's two separate applications for disability compensation and medical benefits under the Act. On July 1, 1990, while working for Siaperas, Burgess accidentally fell about twenty-eight feet at the construction site. He suffered "myofascial low back pain secondary to a lumbar strain injury." Additionally, on August 18, 1994, while working for JWR, Burgess exacerbated the back injury while lifting plywood forms. WCF, the insurance carrier for both Siaperas and JWR, accepted liability for Burgess's accidents and paid temporary total disability compensation and medical expenses.
On March 25, 1996, Burgess filed two applications for a hearing with the Commission (one for each accident), seeking medical expenses, temporary total disability compensation, and permanent partial disability compensation. WCF responded on behalf of Siaperas and JWR, and admitted the companies' involvement in the accidents, but denied that Burgess was entitled to any additional compensation or medical benefits.
On August 28, 1996, at an evidentiary hearing on his applications, Burgess and WCF advised the ALJ that Burgess's accrued claims for temporary total disability compensation, permanent partial disability compensation, and medical expenses had been settled. However, Burgess then moved to amend his applications to include permanent total disability compensation claims (i.e., for future potential benefits). To preserve his claim for additional benefits, Burgess also filed a Motion to Continue Without Date his claim for additional benefits.
On November 22, 1996, the ALJ entered an Order on Motion to Amend, granting Burgess's motion to amend his applications for hearing and dismissing the amended application without prejudice on the ground that the applications were not ripe for adjudication. Both parties filed motions for review of the ALJ's decision with the Commission. WCF argued that the ALJ erred by permitting Burgess to amend his applications. Burgess
argued that the ALJ erred by dismissing the Motion to Continue Without Date his claim for additional benefits.
The Commission entered its Order on Motions for Review on June 9, 1997, denying both parties' motions for review. First, regarding WCF's motion, it ruled that even if it was error for the ALJ to allow Burgess to amend his applications, any error became moot by the ALJ's subsequent dismissal of the amended applications. Second, as to Burgess's motion, the Commission ruled: "In light of the Industrial Commission's continuing jurisdiction in this case, it is unnecessary to hold Mr. Burgess' application for hearing open. Instead, Mr. Burgess may request that the Industrial Commission reopen the matter if future developments warrant such a request."
Siaperas, JWR, and WCF (petitioners) timely appealed the Commission's determination regarding its continuing jurisdiction over Burgess's claims.
ISSUE AND STANDARD OF REVIEW
Petitioners present one issue on appeal: whether, by fili
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