92-1043. GUY WILKERSON vs. DAVID SMITH REALTY and THE UNINSURED EMPLOYERS FUND Defendants.

CourtUtah
Utah Workers Compensation Decisions 1995. 92-1043. GUY WILKERSON vs. DAVID SMITH REALTY and THE UNINSURED EMPLOYERS FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHGUY WILKERSON, Applicant, vs. DAVID SMITH REALTY and THE UNINSURED EMPLOYERS FUND, Defendants.Case No. 92-1043ORDER DENYING MOTION FOR REVIEWDavid Smith Realty ("Smith" hereafter) asks The Industrial Commission of Utah to review an Administrative Law Judge's supplemental order, dated February 3, 1994, which held Smith liable for Guy Wilkerson's workers' compensation benefits. 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. DISCUSSION It is not necessary to recount the long history of this case, since the events which are material to this decision begin on February 3, 1994. On that date, the ALJ issued an order entitled "Supplemental Order Correcting Attorney Fees and Requiring The Uninsured Employer To Pay Benefits." Smith then filed a motion for review alleging error in three respects: First, the supplemental order allegedly increased Smith's liability without affording Smith a hearing. Second, the supplemental order found Smith to be insolvent, again without a hearing. Third, the supplemental order allegedly lacked adequate findings and conclusions. Smith's motion for review merely stated the foregoing three points in conclusionary terms, with no reference to the record and with no discussion. The motion for review stated that a supporting memorandum would be filed within 15 days, but no such memorandum was ever submitted. Nevertheless...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT