93-1361. DOUGLAS M. MARKER vs. KELLY TEMPORARY SERVICES and CNA INSURANCE COMPANIES Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-1361. DOUGLAS M. MARKER vs. KELLY TEMPORARY SERVICES and CNA INSURANCE COMPANIES Defendants THE INDUSTRIAL COMMISSION OF UTAHDOUGLAS M. MARKER, Applicant, vs. KELLY TEMPORARY SERVICES and CNA INSURANCE COMPANIES, Defendants,Case No. 93-1361ORDER DENYING MOTION FOR REVIEWKelly Temporary Services and its insurance carrier, CNA Insurance (referred to jointly as "Kelly" hereafter) ask The Industrial Commission of Utah to review the Administrative Law Judge's award of workers' compensation benefits to Douglas M. Marker. 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 Industrial Commission adopts the findings of fact set forth in the ALJ's decision. In summary, on May 27, 1993, while Mr. Marker was working for Kelly, a box weighing approximately 40 pounds fell from a height of eight feet, striking his head and neck. Approximately two weeks after the accident, Mr. Marker began to suffer "partial complex seizures." After experiencing several such seizures, he sought medical treatment. The seizures were ultimately controlled by medication. During the time that Mr. Marker suffered from seizures, he worked sporadically. However, his medical condition prevented him from working continuously. DISCUSSION AND CONCLUSIONS OF LAW Kelly contends Mr. Marker has failed to establish that the industrial accident...