 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
SLW/UTAH12/24/1998
Petitioner Haven M. Whitear appeals a decision of the Utah Labor Commission (Commission) denying him permanent total disability workers' compensation benefits for an industrial accident. We affirm.
BACKGROUND
On March 10, 1987, petitioner was injured in an industrial accident while employed by Brown & Root, when a toxic chemical known as Fyrquel 220 spilled on him. Petitioner pursued medical treatment for asthma and depression which he attributed to the accident. Petitioner filed an application for a hearing on April 22, 1987, in which he sought a declaration of Brown & Root's liability for workers' compensation benefits arising out of the accident. However before the hearing, the parties notified Administrative Law Judge, Timothy C. Allen, that Brown & Root accepted liability for the accident and agreed to pay all of petitioner's outstanding medical expenses. While Judge Allen accepted petitioner's claim as a compensable accident, he found that insufficient evidence existed at that time to support petitioner's claim of temporary total disability and possible permanent partial impairment as a result of the accident. Accordingly, Judge Allen dismissed the claim pending further medical evaluation.
On February 15, 1993, petitioner filed a second application for a hearing, claiming entitlement to permanent partial disability benefits. Petitioner amended the application to include a claim for permanent total disability. In its answer, Brown & Root denied all liability. Judge Allen held a hearing on February 22, 1994. Following the hearing, Judge Allen issued his Preliminary Findings of Fact and referred the claim to a medical panel for its evaluation of the medical issues. The medical panel, consisting of three licensed physicians, determined that the sole cause of petitioner's asthma was the industrial accident and gave petitioner a 10% whole person permanent impairment rating. The medical panel further reported that the industrial accident was not the cause of petitioner's depression.
Judge Allen entered an Interim Order on April 20, 1995, rejecting the panel's finding that petitioner's depression was unrelated to the industrial accident. In doing so, he adopted the opinion of petitioner's treating psychologist, that a causal connection existed between the industrial accident and the depression. Thereafter, Judge Allen entered a tentative finding of permanent total disability. Brown & Root objected to the Interim Order and filed a Motion for Review. The Commission granted Brown & Root's motion and instructed Judge Allen to conduct a hearing on the medical panel's report, specifically
focusing on the cause of petitioner's depression.
Subsequently, this case was reassigned to Administrative Law Judge Donald L. George. Judge George held a hearing on February 7, 1996, at which time two members of the medical panel were present and testified. Following the hearing, Judge George accepted the panel's conclusion that petitioner's depression was not caused by the industrial accident and consequently dismissed petitioner's claim for permanent total disability benefits on that ground. Also, Judge George determined that petitioner was not medically disabled from work as a result of his asthma and therefore, denied permanent total disability benefits based upon the asthma injury. Judge George requested that Brown & Root's counsel prepare proposed findings of fact, conclusions of law and an order.
Petitioner filed a Motion for Review on August 16, 1996. On December 19, 1997, the Commission affirmed the dismissal of petitioner's claim. Petitioner now seeks review of the Commission's decision denying him perman
Page 1 2 3 4 5 6 Utah Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|