93-0894. DEBRA HANSEN vs. RAYMOND T. SENIOR Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-0894. DEBRA HANSEN vs. RAYMOND T. SENIOR Defendant THE INDUSTRIAL COMMISSION OF UTAHDEBRA HANSEN, Applicant, vs. RAYMOND T. SENIOR, Defendant.Case No. 93-0894ORDER DENYING MOTION FOR REVIEWRaymond T. Senior asks The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to Debra Hansen pursuant to the Utah Workers' Compensation Act. The Industrial Commission 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 Mr. Senior challenges the ALJ's award of permanent partial disability compensation to Ms. Hansen on the following grounds: 1) Ms. Hansen failed to request such compensation in her application for hearing; 2) her permanent impairment is not related to her work for Mr. Senior; and 3) her "somatoform pain disorder" is not compensable under the Utah Workers' Compensation Act. With respect to Ms. Hansen's medical expenses, Mr. Senior contends he should not be held liable for the entire amount of such expenses because they arise, in part, from treatment of Ms. Hansen's preexisting conditions. Mr. Senior also contends the ALJ's order is vague as to which medical expenses he must pay. Finally, Mr. Senior contends he is entitled to offset his payment of excess temporary total disability compensation payments against his current liability for permanent partial disability compensation. FINDINGS OF FACT The Industrial Commission adopts the ALJ's findings of fact, which are briefly summarized below. Ms. Hansen suffered three industrial accidents over the last several years. The first accident occurred in Nevada on July 28, 1989 and caused back strain and pain in her legs. She received extensive medical treatment for this injury. Her second injury, on November 12, 1991, resulted in surgery to repair a hernia. Ms. Hansen's third injury is the subject of this proceeding. On June 2, 1992, while employed as a home nursing aid by Mr Senior, Ms. Hansen again strained her back and lower extremities. She was off work for several weeks and again received extensive medical treatment. On January 26, 1993, the ALJ issued her first order, awarding temporary total disability compensation to Ms. Hansen from June 2, 1992 to January 25, 1993. The ALJ also...