94-0257. M. LAYNE GRAY vs. SAM BROWER CONSTRUCTION UNINSURED EMPLOYERS' FUND and EMPLOYERS' REINSURANCE FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0257. M. LAYNE GRAY vs. SAM BROWER CONSTRUCTION UNINSURED EMPLOYERS' FUND and EMPLOYERS' REINSURANCE FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHM. LAYNE GRAY, Applicant, vs. SAM BROWER CONSTRUCTION, UNINSURED EMPLOYERS' FUND, and EMPLOYERS' REINSURANCE FUND, Defendants.Case No. 94-0257ORDER DENYING MOTION FOR REVIEWM. Layne Gray asks The Industrial Commission of Utah to review the Administrative Law Judge's Order denying Mr. Gray's 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. BACKGROUND On July 14, 19 94, the ALJ issued his Order denying Mr. Gray's claim for benefits. The Order was mailed to the parties that same day and contained the following notification of appeal rights:

IT IS FURTHER ORDERED that any Motion For Review of the foregoing (Order) shall be filed with the Industrial Commission of Utah in writing within 3 0 days of the date hereof, . . . and unless so filed, this Order shall be final and not subject to review or appeal.

On July 29, 19 94, Mr. Gray requested an additional 9 0 days to file his Motion For Review. The ALJ allowed Mr. Gray an additional 30 days. Consequently, Mr. Gray's Motion For Review was due by September 12, 1994. Mr. Gray did not file his Motion For Review by the deadline of September 12, 1994. Instead, on October 13, 1994, Mr. Gray submitted a letter to the ALJ. In his letter, he acknowledged receipt of the ALJ's prior extension of time. Mr. Gray states that he was unable to meet the deadline due to a failure to obtain a transcript of the hearing. Mr. Gray continues that he believes his prior attorney was unprepared and that "corrected" medical evidence is now available. However, such medical evidence was not submitted with his letter. DISCUSSION AND CONCLUSIONS OF LAW Section 63-46b-12(l)(a) of Utah's Administrative Procedures Act allows a party aggrieved by an ALJ' s...