94-0027. GEORGE W. ABBOTT vs. KENNECOTT COPPER COMPANY Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0027. GEORGE W. ABBOTT vs. KENNECOTT COPPER COMPANY Defendant THE INDUSTRIAL COMMISSION OF UTAHGEORGE W. ABBOTT, Applicant, vs. KENNECOTT COPPER COMPANY, Defendant.Case No. 94-0027ORDER DENYING MOTION FOR REVIEWGeorge W. Abbott asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of his claim for benefits under the Utah Workers' Compensation Act. The Industrial 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. ISSUE UNDER REVIEW Mr. Abbott's motion for review fails to identify any issue for review by the Industrial Commission. BACKGROUND Mr. Abbott alleges loss of hearing as a result of an accident while employed at Kennecott on May 10, 1982. Mr. Abbott immediately notified Kennecott of the accident. However, he did not file a claim for workers' compensation benefits with the Industrial Commission until almost 12 years later, on January 10, 1994. The ALJ dismissed Mr. Abbott's claim pursuant to §35-1-98 of the Utah Workers' Compensation Act, which requires that claims such as Mr. Abbott's be filed within six years after the date of accident. DISCUSSION AND CONCLUSIONS OF LAW Pursuant to §63-46b-12 of the Utah Administrative Procedures Act, Mr. Abbott is entitled to seek review of the ALJ's decision by the Industrial Commission. However, §63-46b-12 requires Mr. Abbott to state the...