93-0666. MAURICE BROWN vs. PLATEAU MINING AND CIGNA PROPERTY AND CASUALTY COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0666. MAURICE BROWN vs. PLATEAU MINING AND CIGNA PROPERTY AND CASUALTY COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHMAURICE BROWN, Applicant, vs. PLATEAU MINING AND CIGNA PROPERTY AND CASUALTY COMPANY, Defendants.Case No. 93-0666ORDER OF REMANDMaurice Brown asks The Industrial Commission of Utah to review the Administrative Law Judge's decision dismissing Mr. Brown's claim for benefits under the Utah Occupational Disease Disability Law. The Industrial Commission of Utah exercises jurisdiction over this Motion For Review pursuant to Utah Code Ann. '63-46b-12, Utah Code Ann. '35-2-36.53, and Utah Admin. Code R568-1-4.M. ISSUE UNDER REVIEW Did Mr. Brown file his occupational disease claim within the one year limitation period of '35-2-48 of the Utah Occupational Disease Disability Law. FINDINGS OF FACT In 1978, Mr. Brown began working for Plateau as a coal miner. As a coal miner, he underwent annual x-rays to screen for pulmonary disease. During January 1985, while cross country skiing at a high elevation, he experienced shortness of breath. Then in July 1985, his annual screening x-ray indicated some abnormality in his lungs, which prompted further examinations and tests. On August 15, 1985, Dr. Madsen made the following report:

Preliminary biopsy results show possible co-workers (sic) pneumoconiosis and I advised him (Mr. Brown) of this and advised Plateau Mine where he works and recommended that he not return to work until this is further evaluated. He is feeling much better.

Despite Dr. Madsen's recommendation that he not work, Mr. Brown continued working at Plateau until October 29, 1985, when he was placed on short-term disability leave. Beginning in December 1985, Mr. Brown underwent diagnostic examinations by Dr. Lockey, Director of the University of Utah Medical School's Occupational Medical Clinic. On March 17, 1986, Dr. Lockey advised Plateau as follows:

At this point in time our diagnosis remains one of a diffuse interstitial fibrotic process of unknown etiology. Coal workers pneumoconiosis would be extremely unlikely in an individual of this age with this limited degree of coal dust exposure. . . . Mr. Brown is currently considering the possibility of undergoing an open lung biopsy for a definitive diagnosis. (Emphasis added.

On April 29, 1986, after Mr...