93-1252. RANDY DIMMICK vs. UTAH POWER and LIGHT CO. WORKERS COMPENSATION FUND OF UTAH and ENERGY MUTUAL INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-1252. RANDY DIMMICK vs. UTAH POWER and LIGHT CO. WORKERS COMPENSATION FUND OF UTAH and ENERGY MUTUAL INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHRANDY DIMMICK, Applicant, vs. UTAH POWER and LIGHT CO., WORKERS COMPENSATION FUND OF UTAH and ENERGY MUTUAL INSURANCE, Defendants,Case No. 93-1252ORDER DENYING MOTION FOR RECONSIDERATIONThe Workers Compensation Fund of Utah ("WCF" hereafter) asks The Industrial Commission of Utah to reconsider its prior decision in this matter. The Industrial Commission's decision, dated May 19, 1995, affirmed the ALJ's award of medical benefits to Randy Dimmick and held WCF liable for such benefits pursuant to the Utah Workers' Compensation Act. The Industrial Commission exercises jurisdiction over this motion for reconsideration pursuant to Utah Code Ann. §63-46b-12 and Utah Admin. Code R568-1-4.O. ISSUES UNDER REVIEW WCF raises two issues: 1) Under Rule R568-1-9.A., must a medical panel be appointed to consider the medical necessity of Mr. Dimmick's use of prescription drugs; and 2) Did the Industrial Commission misunderstand Dr. Hess and Dr. Nord's report, thereby reaching an incorrect conclusion as to WCF's liability. DISCUSSION I. Medical necessity of prescription drugs. In its previous decision, the Industrial Commission concluded that Mr. Dimmick's use of prescription drugs was medically necessary. WCF's motion for reconsideration alleges, for the first time, that the dollar amount in dispute exceeds $2,000 and that Rule R568-1-9.A. requires referral of this issue to a medical panel. WCF failed to raise this issue until its motion for reconsideration. That is reason enough for the Industrial Commission to decline to consider the issue. Furthermore, WCF's documentation fails to show that the drugs in dispute cost more than $2,000. Instead, WCF's documentation includes other medical expenses that are not in dispute in this case. Consequently, WCF has not...