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CAPOROZ v. LABOR COM'N8/20/1997
Petitioners challenge the Industrial Commission's decision denying them dependent benefits and temporary total disability benefits for their deceased brother. We affirm.
BACKGROUND
The decedent was injured on May 17, 1994, while working for his employer, Handyman Willie, which was uninsured. As a result of work-related injuries, decedent died on December 17, 1994. Petitioners are, respectively, the sister and half-sister of decedent.
At the time of the accident, decedent lived in a rented home with petitioners. Decedent had moved in with petitioners after their rent was raised from $250 per month to $400 per month, which included most utilities. At the time, Verna Caporoz was earning $220 per week, Roxsanne Clastimodo was earning $170 per week, and decedent was earning $225 per week. The three shared living expenses. Decedent contributed $400 per month, $150 of which represented his portion of the rent, with the rest going towards automobile insurance, cable television, payments on charge accounts, and various other household expenses. Decedent and petitioners also shared the cost of food and telephone.
While decedent lived with petitioners, he purchased some used furniture for himself and petitioners, repaired vehicles, and financially assisted with the purchase of additional vehicles. Decedent also made repairs and improvements to the home for credit towards rent, and he paid for trips to Lagoon, Raging Waters, and Wendover for himself and petitioners.
When decedent was injured, Verna quit her job so she could spend time with him in the hospital. She remained unemployed for approximately five months. During that
time, the cable television and telephone services were cut off and petitioners had to sell some furniture, cars, beds, a television, and a washer and dryer. Both petitioners were employed at the time of the hearing before the administrative law judge and were making payments on accrued obligations.
The administrative law judge denied benefits and petitioners timely filed a Motion to Review before the Industrial Commission, which also denied petitioners' request for benefits. This petition for review followed.
ISSUES
Petitioners raise the following issues: (1) are petitioners the partial dependents of the decedent under Utah Code Ann. § 35-1-71 (1994), and thereby entitled to dependent benefits and burial benefits under Utah Code Ann. §§ 35-1-68, -81 (1994); and (2) are petitioners entitled to temporary total disability benefits under Utah Code Ann. § 35-1-65 (1994).
STANDARD OF REVIEW
The applicable standard of review for a formal adjudicative hearing is determined by the Utah Administrative Procedures Act (UAPA). See Utah Code Ann. § 63-46b-16 (1993); see also Morton Int'l Inc. v. Auditing Div. of Utah State Tax Comm'n, 814 P.2d 581, 583 (Utah 1991). When the Legislature has granted an agency the discretion to determine an issue, we review the agency's action for reasonableness. See Morton, 814 P.2d at 587 (" n agency has abused its discretion when the agency's action, viewed in the context of the language and purpose of the governing statute, is unreasonable."). The Industrial Commission has been granted broad discretion to determine the facts and apply the law. The Utah Code expressly provides that " he commission has the duty and the full power, jurisdiction, and authority to determine the facts and apply the law in this or any other title or chapter it administers." Utah Code Ann. § 35-1-16(1) (1994) (repealed effective July 1, 1997). When the Commission "applies the law," we review its determination for reasonableness.
We recogni
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