ROSA MORENO, Petitioner,
v.
SHEPARD'S PROCESSED EGGS and UTAH BUSINESS INSURANCE CO., Respondents.
No. 18-0589
Utah Workers Compensation Decisions
Utah Labor Commission
October 13, 2020
ORDER
AFFIRMING ALJ’S DECISION
Kathleen Bounous, Chair
Rosa
Moreno asks the Appeals Board of the Utah Labor Commission to
review Administrative Law Judge Newman’s partial denial
of Ms. Moreno’s claim for 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(4) of the Utah
Workers’ Compensation Act.
BACKGROUND
AND ISSUES PRESENTED
Ms.
Moreno claims workers’ compensation benefits for a
right-leg injury she sustained on February 19, 2018, while
working for Shepard’s. Judge Trayner held an
evidentiary hearing and referred the medical aspects of Ms.
Moreno’s claim to an impartial medical panel. While the
medical panel’s report was pending, the matter was
reassigned to Judge Newman. The medical panel determined that
the work accident medically caused Ms. Moreno to suffer a
contusion and caused her pre-existing right-knee arthritis to
become symptomatic. The panel also opined that Ms. Moreno was
not medically stable from her work injury and outlined the
medical care necessary to treat such injury.
Judge
Newman relied on the medical panel’s conclusions and
awarded benefits to Ms. Moreno, including temporary total
disability compensation, the cost of medical care, and future
medical expenses to treat her work injury. Shepard’s
sought review of Judge Newman’s order by arguing that
it was error to award temporary total disability benefits to
Ms. Moreno because she did not cooperate with Shepard’s
regarding a potential light-duty assignment. Shepard’s
also disputed certain medical benefits that were awarded to
Ms. Moreno. Ms. Moreno did not respond to the motion.
The
Commission concluded that Ms. Moreno did not established
entitlement to temporary total disability compensation for
the period after she declined to cooperate with
Shepard’s on a possible light-duty arrangement. The
Commission made such finding based on evidence in the record
indicating that Ms. Moreno refused to take reasonable steps
to effectuate suitable light-duty work based on her
restrictions. However, the Commission determined Ms. Moreno
was eligible for temporary disability compensation during the
period between the work accident and the date she declined to
cooperate with Shepard’s. The Commission also set aside
the award of chiropractic care deemed unnecessary on an
industrial basis by the medical panel, but upheld the award
of medical care Ms. Moreno received for her right knee based
on the panel’s conclusions.
On
remand, Judge Newman held a supplemental hearing regarding
Ms. Moreno’s entitlement to temporary total disability
benefits immediately following the accident until her failure
to cooperate with Shepard’s regarding a potential
light-duty assignment. According to the testimony presented,
Judge Newman awarded Ms. Moreno temporary total disability
compensation for the period of March 4 to April 4, 2018,
which were determined to be the dates she stopped...
