06-0126. RYAN C. WILKERSON Petitioner vs. AMERICA'S CHOICE GARAGE DOOR and/or UNINSURED EMPLOYERS FUND Respondent.

• Court: Utah

Utah Workers Compensation Decisions 2009. 06-0126. RYAN C. WILKERSON Petitioner vs. AMERICA'S CHOICE GARAGE DOOR and/or UNINSURED EMPLOYERS FUND Respondent UTAH LABOR COMMISSIONRYAN C. WILKERSON, Petitioner, vs. AMERICA'S CHOICE GARAGE DOOR and/or UNINSURED EMPLOYERS FUND, Respondent.Case No. 06-0126ORDER AFFIRMING ALJ'S DECISIONAmerica's Choice Garage Door ("America's Choice") and the Uninsured Employers Fund ("UEF") ask the Utah Labor Commission to review Administrative Law Judge Holley's award of benefits to Ryan C. Wilkerson under the Utah Workers' Compensation Act, Title 34A, Chapter 2, Utah Code Annotated. The Labor Commission exercises jurisdiction over this motion for review pursuant to § 63G-4-301 of the Utah Administrative Procedures Act and § 34A-2-801(3) of the Utah Workers' Compensation Act. BACKGROUND AND ISSUE PRESENTED Mr. Wilkerson claims workers' compensation benefits from America's Choice for a work accident that occurred on November 22, 2005, injuring his hands. America's Choice declined to answer the claim or to defend against the claim at the hearing, although it did testify as a witness for UEF by phone. Based on the evidence, including testimony from Mr. Wilkerson, Judge Holley found Mr. Wilkerson was an employee of America's Choice and therefore America's Choice was liable for workers' compensation benefits. Thus, she dismissed UEF as a party. Judge Holley awarded benefits, including temporary total disability compensation and medical expenses. In its motion for review, America's Choice contends that Mr. Wilkerson was not an employee but an independent contractor and therefore America's Choice is not liable for his injury. It further argues that the Commission should open the record for potentially new evidence.(fn1) FINDINGS OF FACT The Commission adopts Judge Holley's findings of fact. The facts relevant to the issues in the motion for review can be summarized as follows: In August of2005, Mr. Wilkerson was hired by America's Choice to provide service calls to its Utah customers. Upon hiring, Mr. Wilkerson received a week of training from a company representative on how to perform service calls, how to complete proper paperwork, and other relevant job requirements. The representative offered to provide Mr. Wilkerson any of the tools he needed but Mr. Wilkerson declined because he already had tools...