93-1242. KIMBERLY A. JORGENSEN vs. FRITZI'S OF UTAH WORKERS COMPENSATION FUND and THE EMPLOYERS' REINSURANCE FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-1242. KIMBERLY A. JORGENSEN vs. FRITZI'S OF UTAH WORKERS COMPENSATION FUND and THE EMPLOYERS' REINSURANCE FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHKIMBERLY A. JORGENSEN Applicant, vs. FRITZI'S OF UTAH, WORKERS COMPENSATION FUND and THE EMPLOYERS' REINSURANCE FUND, Defendants.Case No. 93-1242ORDER OF REMANDBoth Kimberly A. Jorgenson and Fritzi's of Utah, through its insurance carrier The Workers Compensation Fund of Utah, ask The Industrial Commission of Utah to review the ALJ's decision regarding Ms. Jorgenson's claim for permanent total disability compensation under the Utah Workers' Compensation Act. The Commission exercises jurisdiction over the parties' Motions 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. BACKGROUND Ms. Jorgenson claims she is permanently and totally disabled from a condition known as reflex sympathetic dystrophy syndrome ("RSDS"). Although not explicitly stated in his decision, it appears the ALJ has concluded that Ms. Jorgenson's RSDS was caused by her work at Fritzi's during 1987. The ALJ has not directly addressed the issues of Ms. Jorgenson' s ability to return to her former work, but has discussed the possibility that she may be rehabilitated and then find suitable work. At the conclusion of his decision, the ALJ specifically reserved judgment on Ms. Jorgenson's claim for permanent total disability compensation in order to allow the parties to explore options for Ms. Jorgenson's rehabilitation. Apparently as an interim measure, the ALJ also ordered payment of permanent partial disability compensation to Ms. Jorgenson based upon her impairment rating of 32% of the whole person. Even though the ALJ had reserved final judgment on Ms. Jorgenson's claim, Ms. Jorgenson and Fritzi's filed Motions For Review with the Commission. Ms. Jorgenson asks the Commission to make a tentative finding of permanent total disability and to order a rehabilitative evaluation for purposes of a final determination of disability. Fritzi's contends that the ALJ' s decision contains errors in its monetary computations and its determination of Ms. Jorgenson's weekly compensation amount. DISCUSSION In order to obtain permanent total disability compensation under the Utah Workers' Compensation Act, Ms. Jorgenson...