93-8118 and 94-0556. ANGELA DESERRATO vs. HOLY CROSS HOSPITAL and CONTINENTAL RISK MANAGEMENT Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 93-8118 and 94-0556. ANGELA DESERRATO vs. HOLY CROSS HOSPITAL and CONTINENTAL RISK MANAGEMENT Defendants THE INDUSTRIAL COMMISSION OF UTAHANGELA DESERRATO, Applicant, vs. HOLY CROSS HOSPITAL and CONTINENTAL RISK MANAGEMENT Defendants.Case Nos. 93-8118 and 94-0556ORDER DENYING MOTION FOR REVIEWAngela C. Deserrato asks The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to Ms. Deserrato 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. ISSUE UNDER REVIEW Is Ms. Deserrato entitled to additional permanent partial disability compensation. FINDINGS OF FACT The Industrial Commission adopts the ALJ's findings of fact. As material to the issue raised in Ms. Deserrato's motion for review, the facts can summarized as follows: Ms. Deserrato injured her back while working at Holy Cross Hospital on April 11, 1991, resulting in a 14% permanent impairment of the whole person. Based on her earnings, she is entitled to permanent partial disability compensation at $243 per week. DISCUSSION AND CONCLUSIONS OF LAW There is no question that Ms. Deserrato is entitled to the permanent partial disability compensation provided by the Utah Workers' Compensation Act. The only issue in dispute before the Industrial Commission is amount of such compensation. Under the Act, awards of permanent partial disability compensation are computed according to a formula set forth in 35-1-66 of the Act. Applying the facts of this case to the formula established by 35-1-66 of the Act...