94-0133. DANIEL RAY GRAMMER vs. RONNIE NEW (uninsured) and The UNINSURED EMPLOYERS' FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0133. DANIEL RAY GRAMMER vs. RONNIE NEW (uninsured) and The UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHDANIEL RAY GRAMMER Applicant, vs. RONNIE NEW (uninsured) and The UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0133ORDER DENYING MOTION FOR REVIEWRonnie New, the uninsured employer of Daniel Ray Grammer, asks The Industrial Commission of Utah to review the Administrative Law Judge's award of permanent partial disability compensation to Mr. Grammer 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. ISSUES UNDER REVIEW Mr. New's motion for review raises two issues: 1) The extent of Mr. Grammer's permanent impairment; and 2) The amount of Mr. Grammer's hourly wage at the time of his accident. BACKGROUND On December 8, 1993, Mr. Grammer injured the thumb, middle finger and index finger of his right hand while working for Mr. New. Only the index finger suffered permanent damage. On May 31, 1994, a hearing was held on Mr. Grammer's application for workers' compensation benefits. Mr. New testified he was paying Mr. Grammer $10 an hour at the time of the accident. The ALJ therefore computed the amount of Mr. Grammer's weekly disability compensation on that basis. However, the ALJ reserved judgment on the extent of Mr. Grammer's permanent impairment pending submission of an impairment rating. On October 26, 1994, Dr. Hirsche submitted his opinion that Mr. Grammer had suffered a 55% permanent impairment to the right index finger. Dr. Hirsche concluded that such an impairment was the equivalent of a 6% impairment of the whole person, which translates to 18.72 weeks of compensation. In a supplemental order dated March 8, 1995, the ALJ accepted Dr. Hirsche's opinion as to the extent of impairment to Mr. Grammer's finger, but recomputed the amount of compensation payable as a result of the impairment. Specifically, the ALJ noted that since '35-1-66 of the Utah Workers' Compensation Act allows 42 weeks of compensation for the loss of an index finger, a 55% loss of the index finger is equivalent to 23.1 weeks of compensation. On April 7, 1995, Mr. New submitted his motion for review...