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

• Court: Utah

Utah Workers Compensation Decisions 2012. 06-0126. RYAN C. WILKERSON Petitioner vs. AMERICA'S CHOICE GARAGE DOOR and UNINSURED EMPLOYERS' FUND Respondents APPEALS BOARD UTAH LABOR COMMISSIONRYAN C. WILKERSON, Petitioner, vs. AMERICA'S CHOICE GARAGE DOOR and UNINSURED EMPLOYERS' FUND, Respondents.Case No. 06-0126ORDER SETTING ASIDE ALJ'S DECISIONORDER OF REMANDThe Uninsured Employer's Fund ("UEF") asks the Appeals Board of the Utah Labor Commission to review Administrative Law Judge Holley's determination that the UEF is liable for Ryan C. Wilkerson's medical and disability benefits under the Utah Workers' Compensation Act, Title 34A, Chapter 2, Utah Code Annotated. The Appeals Board 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 In previous adjudicative proceedings, America's Choice Garage Door ("America's Choice") was ordered to pay workers' compensation benefits for injuries to Mr. Wilkerson's left thumb and right hand caused by a work accident at America's Choice on November 22, 2005. On April 7, 2011, Mr. Wilkerson instituted proceedings for the purpose of requiring the UEF to pay his benefits on the grounds that America's Choice was insolvent. After an evidentiary hearing, Judge Holley granted Mr. Wilkerson's request. In seeking Appeals Board review, the UEF contends that the evidence does not support Judge Holley's finding that America's Choice is insolvent. DISCUSSION AND CONCLUSIONS OF LAW Section 34A-2-704 of the Utah Workers' Compensation Act directs the UEF to pay the workers' compensation benefits due to an injured worker whose employer is insolvent, in receivership, or otherwise lacks the ability to cover its workers' compensation liability...