90-0401. WARREN HOSKINGS vs. SALT LAKE CITY CORPORATION Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 90-0401. WARREN HOSKINGS vs. SALT LAKE CITY CORPORATION Defendant THE INDUSTRIAL COMMISSION OF UTAHWARREN HOSKINGS, Applicant, vs. SALT LAKE CITY CORPORATION, Defendant.Case No. 90-0401ORDER GRANTING MOTION FOR REVIEWSalt Lake City Corporation asks The Industrial Commission of Utah to review an Administrative Law Judge's decision awarding permanent total disability compensation to Warren Hoskings under the Utah Workers' Compensation Act. The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. '63-46b-12, Utah Code Ann. '35-1-82.53, and Utah Admin. Code R568-1-4.M. FINDINGS OF FACT Beginning in 1966, Mr. Hoskings worked for Salt Lake City as a fireman. He was promoted to lieutenant in 1974, then captain in the early 1980's. While fighting a fire in 1980, Mr. Hoskings injured his left ankle. He underwent surgery, but continued to experience pain. On April 6, 1986, in the course of his employment, he reinjured his left ankle. He received medical attention the next day and was diagnosed with an acute ankle sprain and "calcaneus/cuboid joint problem," later additionally diagnosed as "traumatic osteoarthritis". Mr. Hoskings did not miss any work as a result of the April 1986 injury. However, he experienced chronic pain and difficulty walking. He was examined by a number of different physicians who attempted various conservative remedies without producing any significant improvement. On September 1, 1988, Mr. Hoskings accepted early retirement from Salt Lake City. There is no indication that Mr. Hoskings' work performance was unsatisfactory prior to his retirement, nor is there any evidence Mr. Hoskings informed Salt Lake City that his decision to retire was related to his ankle injury. However, Mr. Hoskings now claims that his decision to retire was motivated by his ankle injury. Mr. Hoskings' impairment from his ankle injury has been rated by several doctors in a range from 8% to 17% of the whole person. The doctors also agree the injury causes Mr. Hoskings significant pain and limits the mobility of the ankle. After retiring, Mr. Hoskings worked as fire marshall for Hamilton Stores in Yellowstone Park during the summers of 1990 and 1991. Mr. Hoskings spent a substantial amount of his work day driving from one store to another...