92-0655. BETHA M. HUDSPETH vs. WASATCH VILLA and NATIONAL UNION FIRE INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 92-0655. BETHA M. HUDSPETH vs. WASATCH VILLA and NATIONAL UNION FIRE INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHBETHA M. HUDSPETH, Applicant, vs. WASATCH VILLA and NATIONAL UNION FIRE INSURANCE, Defendants.Case No. 92-0655ORDER DENYING MOTION FOR REVIEWBetha M. Hudspeth asks The Industrial Commission of Utah to review the Administrative Law Judge's decision which denied a portion of her claim for benefits under the Utah Workers' Compensation Act. The Industrial Commission 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 The Industrial Commission adopts the findings of fact set forth in the ALJ's decision. In summary, Mrs. Hudspeth suffered three industrial accidents while working at Wasatch Villa. The first injury was a cervical sprain that occurred on July 11, 1991. The second injury was a cut on the middle finger of her left hand occurring a few days prior to January 18, 1992. The third injury was another episode of cervical strain that occurred on January 18, 1992. It is the second injury, the cut to Mrs. Hudspeth's finger, that is in dispute. As noted above, Mrs. Hudspeth cut her finger, then a few days later, on January 18, 1992, suffered a cervical strain. Mrs. Hudspeth did not report the cut finger to her employer, but she did report and receive medical treatment for the subsequent cervical strain. The wound on Mrs. Hudspeth's finger developed into a systemic infection that ultimately caused an abscess in Mrs. Hudspeth's sternoclavicular joint, located in the area of the neck and shoulder. Her physicians did not diagnose this secondary infection immediately, but instead associated Mrs. Hudspeth's discomfort with the cervical strain resulting from her third injury, on January 18, 1992. Some time later, the sternoclavicular abscess was diagnosed and successfully treated, leaving no permanent impairment. The cut on Mrs. Hudspeth's finger also healed, but resulted in a permanent eight per cent whole person impairment. Based on the foregoing facts, the ALJ awarded workers' compensation benefits related to Mrs. Hudspeth's cervical strain. However, the ALJ denied her claim for benefits related to her injured finger and subsequent...