93-0411. DANNETTE LEWIS vs. AMERICAN RECREATION PRODUCTS and LIBERTY MUTUAL INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0411. DANNETTE LEWIS vs. AMERICAN RECREATION PRODUCTS and LIBERTY MUTUAL INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHDANNETTE LEWIS, Applicant, vs. AMERICAN RECREATION PRODUCTS and LIBERTY MUTUAL INSURANCE, Defendants.Case No. 93-0411ORDER GRANTING MOTION FOR REVIEWAmerican Recreation Products and its workers' compensation insurance carrier, Liberty Mutual Insurance (referred to jointly as "American" hereafter) ask The Industrial Commission of Utah to review the Administrative Law Judge's amended award of benefits to Dannette Lewis pursuant to 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. ISSUES UNDER REVIEW 1) For what period of time is Ms. Lewis entitled to receive temporary total disability compensation. 2) Is American entitled to offset its overpayment of temporary total disability compensation against the permanent partial disability compensation otherwise due Ms. Lewis. BACKGROUND On December 10, 1991, while working for American, Ms. Lewis injured her back. American paid temporary total disability compensation to Ms. Lewis from the date of her injury until November 27, 1992. Ms. Lewis subsequently filed an application seeking additional workers' compensation benefits. By consent of the parties, the medical issues of Ms. Lewis's claim were referred to a medical panel, which concluded she had reached maximum medical improvement on approximately August 25, 1992. The medical panel further concluded she had suffered a 5% permanent partial impairment from her work injury. In an order dated August 23,1994, the ALJ adopted the medical panel's findings. With respect to Ms. Lewis's temporary total disability compensation, the ALJ noted as follows:

The applicant appears to have been paid temporary total compensation through August 25, 1992, which appears reasonable based on the file and the findings of the Panel. I find that the Panel's findings are reasonable and supported by the evidence, and I hereby adopt their findings as my own.

The ALJ also awarded Ms. Lewis permanent partial disability compensation in the amount of $2,776.80, plus interest, based upon a 5% impairment of the whole person. The ALJ...