93-0414. KENNETH O. GIVENS vs. PINKERTON SECURITY and ITT HARTFORD Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0414. KENNETH O. GIVENS vs. PINKERTON SECURITY and ITT HARTFORD Defendant THE INDUSTRIAL COMMISSION OF UTAHKENNETH O. GIVENS Applicant, vs. PINKERTON SECURITY and ITT HARTFORD, Defendant.Case No. 93-0414ORDER DENYING MOTION FOR REVIEWKenneth 0. Givens seeks review of the Administrative Law Judge's Order which denied his 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 Mr. Givens established that he suffered compensable injuries to his right elbow and right hip while employed by Pinkerton Security? FINDINGS OF FACT The Commission adopts the findings of fact set forth in the ALJ's decision. In summary, Mr. Givens was employed by Pinkerton from approximately February 19 90 to May 1993. On April 9, 1992, Mr. Givens experienced pain in his right elbow while opening a door at work. On November 8, 1992, Mr. Givens sought medical examination and treatment of his right elbow, which was diagnosed with tendinitis and a "loose, calcified body" outside the joint. Also on November 8, 1992, Mr. Givens sought medical treatment for an infected sebaceous cyst on his right hip. Mr. Givens contends a tool belt he wore at work caused the cyst and subsequent infection. As noted by the ALJ, Mr. Givens' problems with his right elbow and hip predate his employment with Pinkerton. A preponderance of the medical evidence also establishes that Mr. Givens' work at Pinkerton is not the medical cause of his elbow injury or his infected sebaceous cyst. DISCUSSION AND CONCLUSIONS OF LAW The Utah Workers' Compensation Act provides benefits to workers injured by accident arising out of and in the course of their employment. Utah Code Ann. §35-1-45. In order to qualify for workers' compensation benefits, the applicant must show that the employment is both the "legal cause" and the "medical cause" of the injury. Allen v. Industrial Comm. , 729 P. 2d 15, 25 (Utah 1986) . In those cases where a worker suffers from an injury that predates his or her employment, the Utah Supreme Court has defined legal causation as follows:

To meet the legal causation requirement, a claimant with a preexisting

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