94-0281. CARL M. BRENTLINGER vs. DESERT TRANSPORTION SERVICES aka HUDSON TRANSPORTATION INC. and UNINSURED EMPLOYERS' FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0281. CARL M. BRENTLINGER vs. DESERT TRANSPORTION SERVICES aka HUDSON TRANSPORTATION INC. and UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHCARL M. BRENTLINGER, Applicant, vs. DESERT TRANSPORTION SERVICES aka HUDSON TRANSPORTATION, INC. and UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0281ORDER DENYING MOTION FOR REVIEWDesert Transportation Services, aka Hudson Transportation, ("Desert" hereafter) asks The Industrial Commission of Utah to review the Administrative Law Judge's decision holding Desert liable for benefits awarded to Carl M. Brentlinger 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. BAC KGROUND Mr. Brentlinger's application for workers' compensation benefits was regularly scheduled for hearing on November 30, 1994. Desert received proper notice of the hearing, but failed to participate. Based on the testimony of Mr. Brentlinger and Mr. Smith, a co-worker, as well as documentary evidence submitted by Mr. Brentlinger, the ALJ concluded that on January 6, 1994, Mr. Brentlinger had suffered a compensable industrial accident while employed by Desert. The ALJ therefore awarded workers' compensation benefits to Mr. Brentlinger and held Desert liable for such benefits. Desert filed a timely motion for review of the ALJ's order, contending that Mr. Brentlinger was not employed by Desert at the time of his accident. Desert's motion for review included affidavits from its president as well as payroll information. However, Desert did not explain its failure to participate in the earlier hearing before the ALJ. DISCUSSION AND CONCLUSIONS OF LAW Section 63-46b-10(1)(a) of...