93-0395. ANNA M. KNEE vs. SPACE AGENCY INC. ST. PAUL FIRE and MARINE INSURANCE CO. and EMPLOYERS' REINSURANCE FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0395. ANNA M. KNEE vs. SPACE AGENCY INC. ST. PAUL FIRE and MARINE INSURANCE CO. and EMPLOYERS' REINSURANCE FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHANNA M. KNEE Applicant, vs. SPACE AGENCY, INC., ST. PAUL FIRE and MARINE INSURANCE CO. and EMPLOYERS' REINSURANCE FUND, Defendants.Case No. 93-0395ORDER DENYING MOTION FOR REVIEWAnna M. Knee seeks review of an Administrative Law Judge's Order which denied her claim for benefits 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. ISSUE UNDER REVIEW Has Ms. Knee established that she suffered a compensable injury in connection with employment by Space Agency. FINDINGS OF FACT The Commission adopts the findings of fact set forth in the ALJ's decision, except as corrected below. In summary, Ms. Knee has a history of back and neck injuries predating her employment by Space Agency. Between October 11 and 25, 1991, while employed by Space Agency, Ms. Knee moved boxes weighing between 25 and 40 pounds. After the first day of this task, Ms. Knee began complaining of pain in her back and neck, as well as other symptoms. She obtained medical treatment that ultimately included several doctors and continued on for several years. St. Paul Fire and Marine Insurance Co., Space Agency's insurance carrier, paid substantial amounts toward Ms. Knee's medical expenses and temporary total disability compensation. On March 6, 1993, Ms. Knee filed an Application For Hearing seeking additional benefits. The parties waived hearing and Ms. Knee's claim was referred to a medical panel. The panel's report found no causal relationship between Ms. Knee's work and her alleged injuries. The panel further concluded that Ms. Knee's work had neither aggravated any preexisting conditions nor resulted in any permanent impairment. The ALJ concluded that Ms. Knee's work of moving boxes for Space Agency was not the legal cause of her alleged injuries. The ALJ concluded that even if Ms. Knee's work activities were construed to be the legal cause of injury, Space Agency and its insurance company had already overpaid any benefits which would be due. In the interest of accuracy, the Commission makes the...