94-0069. JOAN M. VAN DRUNEN vs. ALBERTSON'S INC. Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0069. JOAN M. VAN DRUNEN vs. ALBERTSON'S INC. Defendant THE INDUSTRIAL COMMISSION OF UTAHJOAN M. VAN DRUNEN, Applicant, vs. ALBERTSON'S INC., Defendant.Case No. 94-0069ORDER DENYING MOTION FOR REVIEWJoan M. Van Drunen asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of her 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. ISSUES UNDER REVIEW 1) At the time of Ms. Van Drunen's alleged work injury, was she suffering from a related preexisting condition. 2) If Ms. Van Drunen suffered from a preexisting condition, has she met the higher standard of legal causation set forth in Allen v. Industrial Commission, 729 P.2d 15 (Utah 1986). 3) Was Ms. Van Drunen's case prejudiced by the ALJ's failure to make a preliminary finding on the "preexisting condition" issue. BACKGROUND On January 20, 1994, Ms. Van Drunen filed a workers' compensation claim alleging chronic pain from lifting a box while working at Albertson's. Five months later, Ms. Van Drunen filed an occupational disease claim for carpal tunnel syndrome arising from her work at Albertson's. The ALJ awarded benefits to Ms. Van Drunen on her carpal tunnel claim. Neither party contests that award. The ALJ denied Ms. Van Drunen's chronic pain claim because she failed to prove her work was the legal cause of such pain. FINDINGS OF FACT The Industrial Commission makes the following findings of fact: 1. Ms. Van Drunen has a history of multiple injuries to her neck and back, with concomitant complaints of headaches and other pain. These injuries and complaints, which predate her alleged work injury of September 15, 1991, are as follows:

a) On April 10, 1981, she injured her lower back and hip from a fall down stairs;

b) On February 14, 1982, she injured her neck and shoulder in an automobile accident, resulting in temporary total disability for six weeks;

c) On July 9, 1982, she injured her right leg;

d) On March 9, 1983, she injured hands, mouth, right knee and right wrist in an automobile accident;

e) During December 1985, she injured her right knee in a skiing accident;

f) On November 17, 1986, was involved in a traffic accident and seen at a hospital emergency room with complaints of

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