93-1203 93-1320. JOSEPH M. WISDEN vs. SOS TEMPORARY SERVICES INC. and AMERICAN INTERNATIONAL ADJUSTMENT COMPANY Defendants.
Court | Utah |
Utah Workers Compensation Decisions
1995.
93-1203 93-1320.
JOSEPH M. WISDEN vs. SOS TEMPORARY SERVICES INC. and AMERICAN INTERNATIONAL ADJUSTMENT COMPANY Defendants
THE INDUSTRIAL COMMISSION OF UTAHJOSEPH M. WISDEN, Applicant,
vs. SOS TEMPORARY SERVICES, INC. and AMERICAN
INTERNATIONAL ADJUSTMENT COMPANY, Defendants.Case No: 93-1203
93-1320ORDER ON MOTIONS FOR
REVIEWJoseph M. Wisden asks The Industrial Commission of Utah to review
the ALJ's decision which denied portions of Mr. Wisden's claim for compensation
under the Utah Workers' Compensation Act. SOS Temporary Services and its
insurance carrier, American International Adjustment (referred to jointly as
"SOS" hereafter) ask the Commission to review the ALJ's determination of the
amount of Mr. Wisden's weekly compensation.
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
Although Mr. Wisden alleges 17 "points of error" in the ALJ's
decision, those points can be grouped into the following
categories:(fn1)
1. Who is liable for the cost of Mr. Wisden's damaged clothing
and long distance telephone calls.
2. Is SOS guilty of willful violation of safety laws and,
therefore, liable for the 15% penalty provided by §35-1-12 of the Act.
3. When did Mr. Wisden reached medical stability.
4. What is the proper amount of Mr. Wisden's total temporary
disability compensation.
SOS also questions the ALJ's computation of the amount of Mr.
Wisden's temporary total disability compensation.
FINDINGS OF
FACT
The Commission adopts the findings of fact set forth in the ALJ's
decision.
In summary, on April 15, 1993, Mr. Wisden was called to work by
SOS on a two day assignment for Signature Builders. That same day, Mr. Wisden
was involved in a work related accident that resulted in various injuries and
destroyed some of Mr. Wisden's clothes. After his accident, Mr. Wisden received
medical care for several months. While in the hospital, he made a large number
of long distance telephone calls. SOS has paid Mr. Wisden for his clothes and
has also paid his long distance telephone charges. Mr. Wisden reached maximum
medical stability on January 12, 1994.
At the time of his accident, Mr. Wisden worked 2 8 hours per week
and earned $125.72 per week at Motel...
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