93-1300. RONALD SMITH vs. MAY TRUCKING COMPANY and SCOTT WETZEL SERVICES INC. Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-1300. RONALD SMITH vs. MAY TRUCKING COMPANY and SCOTT WETZEL SERVICES INC. Defendants THE INDUSTRIAL COMMISSION OF UTAHRONALD SMITH, Applicant, vs. MAY TRUCKING COMPANY and SCOTT WETZEL SERVICES, INC., Defendants.Case No. 93-1300ORDER ON MOTION FOR REVIEWRonald Smith seeks review of an Administrative Law Judge's decision which limited his claim for temporary total disability compensation and denied his claim for permanent partial disability compensation under the Utah Workers' Compensation Act. 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. FINDINGS OF FACT The Commission adopts the findings of fact set forth in the ALJ's decision. In summary, on December 4, 1992, Mr. Smith was employed as a truck driver by May Trucking. On that day, he injured his left ribs and arm and aggravated a preexisting neck condition while unloading one of May's trucks. Mr. Smith then went through a period of time where he was alternatively restricted from work, released to light duty work, then released to regular work. During the times when Mr. Smith was released to either regular or light duty work, May Trucking made appropriate work available to him. However, Mr. Smith chose not to return to work for May Trucking and instead obtained other work as a truck driver for two other trucking companies. Mr. Smith ultimately left his employment at these companies for reasons unrelated to his injuries. Medical records indicate that Mr. Smith was unable to work from April 5 through April 15, 1993 and from June 4 though June 11, 1993. Mr. Smith has received permanent impairment ratings from two doctors. Dr. Schricker determined Mr. Smith to have a permanent impairment of 5%, of which 50% was attributable to his industrial injury. Dr. Karasek initially determined Mr. Smith to have no permanent impairment, but later modified his opinion to allow for a 4% impairment. Dr. Karasek did not address the question of apportionment between Mr. Smith's industrial and preexisting injuries. Based on the evidence summarized above, the ALJ awarded temporary total disability compensation to Mr. Smith for the period of April 5 through April 15, 1993 and June 4 through June 11, 1993 in the amount...