93-1273, 93-1274 and 93-1275. BETTY A. ROMERO vs. LITTLE AMERICA CIGNA INSURANCE COMPANY QUALITY INN AIRPORT/CLAYTHOR INC. and WORKERS COMPENSATION FUND OF UTAH Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-1273, 93-1274 and 93-1275. BETTY A. ROMERO vs. LITTLE AMERICA CIGNA INSURANCE COMPANY QUALITY INN AIRPORT/CLAYTHOR INC. and WORKERS COMPENSATION FUND OF UTAH Defendants THE INDUSTRIAL COMMISSION OF UTAHBETTY A. ROMERO Applicant, vs. LITTLE AMERICA, CIGNA INSURANCE COMPANY, QUALITY INN AIRPORT/CLAYTHOR INC. and WORKERS COMPENSATION FUND OF UTAH, Defendants.Case Nos. 93-1273, 93-1274 and 93-1275ORDER DENYING MOTION FOR REVIEWBetty A. Romero asks The Industrial Commission of Utah to review an Administrative Law Judge's decision denying her claim for benefits under the Utah Workers' Compensation Act. The 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. BACKGROUND Ms. Romero has filed three separate claims for workers' compensation benefits, each related to back injuries that allegedly occurred at work. Ms. Romero reports suffering her first injury on November 10, 1992, while working as a maid at Little America. The second injury occurred on February 28, 19 93, again while Mrs. Romero was working as a maid at Little America. The third injury occurred on September 25, 1993, while Ms. Romero worked as a maid at the Airport Quality Inn. Quality Inn and its insurance carrier, the Workers Compensation Fund of Utah, denied this claim for benefits on the grounds it resulted from her preexisting back condition and not from her work at Quality Inn. After a hearing, the ALJ denied Ms. Romero's claims for benefits on the grounds she had failed to prove she suffered work related injuries from any of the three incidents described above. Ms. Romero then filed this Motion For Review, raising two points: 1) The ALJ improperly applied the Allen test for legal causation, and 2) the evidence does not support the ALJ' s conclusion that the injuries did not occur. FINDINGS OF FACT The Commission affirms the findings of fact set forth in the decision of the ALJ. In summary, on January 16, 1991, Ms. Romero was examined at Instacare Clinic for lumbar back pain. She reported she had fallen and a bruise was observed over the lumbar region of her back. On October 27, 1992, she was diagnosed with a lumbar sprain. The available medical records do not explain the cause of the sprain. On November 10, 19 92...