94-0344 94-0345 and 94-0346. BARRY FELLOWS vs. AIR CONTAINER TRANSPORT INC.; AMERICAN MANUFACTURERS MUTUAL; WASATCH TOTAL CARGO; WORKERS COMPENSATION FUND OF UTAH; CONCRETE PRODUCTS and ST PAUL FIRE AND MARINE INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0344 94-0345 and 94-0346. BARRY FELLOWS vs. AIR CONTAINER TRANSPORT INC.; AMERICAN MANUFACTURERS MUTUAL; WASATCH TOTAL CARGO; WORKERS COMPENSATION FUND OF UTAH; CONCRETE PRODUCTS and ST PAUL FIRE AND MARINE INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHBARRY FELLOWS, Applicant, vs. AIR CONTAINER TRANSPORT, INC.; AMERICAN MANUFACTURERS MUTUAL; WASATCH TOTAL CARGO; WORKERS COMPENSATION FUND OF UTAH; CONCRETE PRODUCTS and ST PAUL FIRE AND MARINE INSURANCE, Defendants,Case Nos. 94-0344 94-0345 and 94-0346ORDER OF REMANDBarry Fellows asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of 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. ISSUE UNDER REVIEW 1) Which of Mr. Fellows' past employers, if any, is liable for his current claim to workers' compensation benefits. 2) Is Mr. Fellows entitled to permanent impairment disability compensation with respect to his industrial accident of September 4, 1991. FINDINGS OF FACT Over the last several years, Mr. Fellows has experienced five separate incidents of back injury or pain related to his work. The first incident occurred in 1981, when a 400 lb. bag of wool fell on Mr. Fellows. He received several weeks of temporary total disability compensation for back pain. There is no evidence that this incident caused any continuing injury. The second incident occurred seven years later, while Mr. Fellows was employed by Wasatch Total Cargo. On September 28, 1988, he stepped in a hole in the bed of a truck. The resulting fall caused a disc herniation at L5\S1. Wasatch Total Cargo and its insurance carrier, the Workers' Compensation Fund of Utah (referred to jointly as "Wasatch" hereafter), paid temporary total disability compensation from September 30, 1988 until July 1989. Wasatch also paid permanent partial disability compensation to Mr. Fellows for a 13.5% whole person impairment. The third incident occurred on September 4, 1991, when Mr. Fellows fell from a concrete truck while working for Concrete Products. Dr. Bourne subsequently performed a disc excision and lumbar decompression at L5\S1. Concrete Products and its...