92-1509. ERIC BLANCHARD vs. KENT'S THRIFTWAY and C.W. REESE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 92-1509. ERIC BLANCHARD vs. KENT'S THRIFTWAY and C.W. REESE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHERIC BLANCHARD, Applicant, vs. KENT'S THRIFTWAY and C.W. REESE COMPANY, Defendants.Case No. 92-1509ORDER DENYING MOTION FOR REVIEWEric Blanchard asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of his 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. ISSUE UNDER REVIEW Did Mr. Blanchard injure his back by accident arising out of and in the course of his work at Kent's Thriftway. FINDINGS OF FACT The Industrial Commission hereby adopts the findings of fact set forth in the ALJ's decision. DISCUSSION AND CONCLUSIONS OF LAW Section 35-1-45 of the Utah Workers' Compensation Act ("the Act" hereafter) requires that employers pay medical expenses and disability compensation to workers injured by accident arising out of and in the course of employment. It is the claimant's burden to prove by a preponderance of the evidence that his or her work duties caused the injuries for which workers' compensation benefits are claimed. Lipman v. Industrial Commission, 592 P.2d 616 (Utah 1979). Mr. Blanchard contends his injuries were caused by lifting bags of salt and/or dog food while working at Kent's Thriftway. However, as pointed out in the ALJ's decision, Mr. Blanchard has made inconsistent statements to physicians, co-workers and his...