94-0118. FRANK R. ROUNDS vs. FLAMECO ENGINEERING COMPANY and LIBERTY MUTUAL INSURANCE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0118. FRANK R. ROUNDS vs. FLAMECO ENGINEERING COMPANY and LIBERTY MUTUAL INSURANCE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHFRANK R. ROUNDS, Applicant, vs. FLAMECO ENGINEERING COMPANY and LIBERTY MUTUAL INSURANCE COMPANY, Defendants.Case No. 94-0118ORDER DENYING MOTION FOR REVIEWFrank R. Rounds asks The Industrial Commission of Utah to review the Administrative Law Judge's decision denying 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. BACKGROUND Except for the issue of medical causation, the facts surrounding Mr. Rounds' claim are not in dispute. They may be summarized as follows. In 1990, Mr. Rounds suffered back injuries while working for Flameco Engineering Co., which injuries led him to file a claim for workers' compensation benefits in 1991. Based on a medical panel report, the ALJ concluded that Mr. Rounds suffered from a 15% permanent impairment of the whole person, one half due to his work at Flameco and the other half due to a preexisting condition. The ALJ awarded benefits accordingly. In 1994, Mr. Rounds filed another claim for workers' compensation benefits, alleging his injuries at Flameco had caused him to suffer from mental illness. Based on the medical evidence detailed below, the ALJ denied Mr. Rounds' claim on the grounds he had failed to prove his injuries at Flameco were the medical cause of his mental illness. Several psychiatrists and psychologists, as well as a medical panel, have reviewed the relationship between Mr. Rounds' industrial injury and his mental illness. Dr. Collins, a psychiatrist, concluded that Mr. Rounds' psychiatric disorders are either directly or indirectly connected to his industrial injuries. Dr. Swaner, a psychologist, concluded that Mr. Rounds had probably been experiencing emotional difficulties since the early 1980's, well before his employment at Flameco. Dr. McCann, a psychiatrist, found no causal relationship between Mr. Rounds' work injury and his mental illness. The ALJ appointed a medical panel to consider the relationship between Mr. Rounds' mental illness and his industrial injury. After reviewing Mr. Rounds' medical history and...