94-0180. REVA BRUNSON vs. STOUFFER FOODS CORPORATION and TRAVELERS INSURANCE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0180. REVA BRUNSON vs. STOUFFER FOODS CORPORATION and TRAVELERS INSURANCE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHREVA BRUNSON, Applicant, vs. STOUFFER FOODS CORPORATION and TRAVELERS INSURANCE COMPANY, Defendants.Case No. 94-0180ORDER DENYING MOTION FOR REVIEWReva Brunson asks The Industrial C ommission of Utah to review the Administrative Law Judge's decision denying her claim for benefits 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. FINDINGS OF FACT The Commission adopts the findings of fact set forth in the decision of the ALJ, summarized below. Ms. Brunson had worked at Stouffer Foods for only three days prior to the accident in question. The accident occurred on December 7, 19 93 while she was assigned to adjust packages of frozen food that passed by on a conveyor belt. Without warning, she fainted and struck her head on a tile floor. As a result of the fall, Ms. Brunson suffered a concussion and required overnight hospitalization. Ms. Brunson can only speculate as to the cause of her fainting spell. She has submitted a written statement from Dr. Colver that "the most likely" cause of the incident was "a generalized weakness and working too hard on your feet after getting over a bout of bronchitis." She has also submitted a written statement of Dr. Egbert that "the most likely" cause of her accident was "motion sickness due to watching the conveyor belt go passed (sic) her." Finally, Dr. Clark states "there is a medically demonstrative causal relationship between the industrial accident and the problems for which (Ms. Brunson) was treated." However, Dr. Clark provides no explanation of his conclusion. Based on the foregoing evidence, the ALJ concluded that Ms. Brunson had failed to establish that her fainting and resulting injury "arose out of...