93-0229. HAVEN WHITEAR vs. BROWN AND ROOT INC. HIGHLAND INSURANCE COMPANY and THE EMPLOYERS' REINSURANCE FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0229. HAVEN WHITEAR vs. BROWN AND ROOT INC. HIGHLAND INSURANCE COMPANY and THE EMPLOYERS' REINSURANCE FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHHAVEN WHITEAR, Applicant, vs. BROWN AND ROOT, INC., HIGHLAND INSURANCE COMPANY and THE EMPLOYERS' REINSURANCE FUND, Defendants.Case No. 93-0229ORDER OF REMANDBrown and Root, Inc. and its workers' compensation insurance carrier, Highland Insurance Company, (referred to jointly as "Brown and Root" hereafter) ask The Industrial Commission of Utah to review the Administrative Law Judge's interim order regarding Haven Whitear's 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. BACKGROUND Mr. Whitear has filed a claim for permanent total disability compensation alleging he is unable to work as a result of an industrial injury suffered on February 17, 1987, while employed by Brown and Root. After an initial hearing, the ALJ referred the medical aspects of Mr. Whitear's claim to a medical panel with instructions to answer the following questions:

1. What is the permanent impairment due to the industrial accident of February 17, 1987;

2. Is the applicant's depression a result of the industrial accident of February 17, 1987;

3. Does the applicant have asthma as a result of the industrial accident;

4. What is the permanent impairment due to pre-existing conditions.

On May 25, 1994, the medical panel reported to the ALJ that Mr. Whitear suffered a 10% impairment from a pulmonary disorder that was entirely due to his industrial accident. The medical panel further reported that Mr. Whitear suffered a 5% impairment from depression. As to the cause of such depression, the medical panel stated:

There does not appear to be a direct causal relationship between the exposure (to toxic substances at Brown and Root) and his psychiatric status, which is interpreted as being equally due to pre-existing and subsequent factors.

Mr. Whitear objected to the medical panel's conclusion regarding the causes of his depression and the ALJ scheduled a hearing on such objections. However, prior to hearing, Mr. Whitear withdrew his request for hearing and argued instead that the...