93-0643. ELLA GENEVA EDWARDS vs. TAREN HOLDINGS CATALINA and ZENITH INSURANCE COMPANY Respondents.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0643. ELLA GENEVA EDWARDS vs. TAREN HOLDINGS CATALINA and ZENITH INSURANCE COMPANY Respondents THE INDUSTRIAL COMMISSION OF UTAHELLA GENEVA EDWARDS, Applicant, vs. TAREN HOLDINGS, CATALINA and ZENITH INSURANCE COMPANY, Respondents.Case No. 93-0643ORDER DENYING MOTION FOR REVIEWElla Geneva Edwards asks The Industrial Commission of Utah to review an Administrative Law Judge's Order denying Ms. Edward's claim for benefits under the Utah Workers' Compensation Act. The Commission exercises jurisdiction in this matter pursuant to Utah Code Ann. §63-46b-12, Utah Code Ann. §35-1-82.53, and Utah Admin. Code R568-1-4.M. BACKGROUND On July 12, 1994, the ALJ issued her Order denying Ms. Edwards' claim for benefits. The Order was mailed to the parties that same day and contained the following notification of appeal rights:

IT IS FURTHER ORDERED that any Motion For Review of the foregoing (Order) shall be filed with the Industrial Commission of Utah in writing within 30 days of the date hereof, . . . and unless so filed, this Order shall be final and not subject to review or appeal.

On August 9, 1994, Ms. Edwards requested an additional 15 days to file her Motion For Review. The ALJ granted this request and extended the period in which Ms. Edwards could file her Motion For Review to Friday, August 26, 194. Ms. Edwards did not file her Motion For Review until August 30, 1994. DISCUSSION AND CONCLUSIONS OF LAW Section 63-46b-12(l)(a) of Utah's Administrative Procedures Act allows a party aggrieved by an ALJ's...