94-0421. CHRISTINE CHINN vs. SCIENTIFIC ADVERTISING and DESIGN INCORPORATED and WORKERS COMPENSATION FUND OF UTAH Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0421. CHRISTINE CHINN vs. SCIENTIFIC ADVERTISING and DESIGN INCORPORATED and WORKERS COMPENSATION FUND OF UTAH Defendants THE INDUSTRIAL COMMISSION OF UTAHCHRISTINE CHINN, Applicant, vs. SCIENTIFIC ADVERTISING and DESIGN, INCORPORATED and WORKERS COMPENSATION FUND OF UTAH, Defendants.Case No. 94-0421ORDER OF REMANDChristine Chinn asks The Industrial Commission of Utah to review the Administrative Law Judge's Order limiting Ms. Chinn's claim for medical expenses 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. ISSUE UNDER REVIEW Ms. Chinn's motion for review raises two related issues. First, she contends the ALJ should have referred the medical aspects of her claim to a medical panel. Second, she contends her employer's insurance carrier improperly denied payment for her physical therapy without any evidence to support its denial. FINDINGS OF FACT The parties agree that the ALJ's findings of fact are sufficient for purposes of Ms. Chinn's motion for review. The Industrial Commission therefore adopts the ALJ's findings of fact, summarized below. Between 1987 and 1991, Ms. Chinn was involved in three different non-industrial automobile accidents. As a result of those accidents, Ms. Chinn received neck and jaw injuries. On July 20, 1993, Ms. Chinn was involved in yet another automobile accident, this time in the course of her employment at Scientific Advertising. Although Ms. Chinn did not miss any work, she suffered tingling and numbness in her arms and hands and sought medical attention. Her physicians prescribed physical therapy. Thereafter, during September 1993 and February 1994, Ms. Chinn was involved in non-industrial incidents that aggravated her preexisting injuries. She continued to receive physical therapy. Although Ms. Chinn notified her employer of the July 1993 automobile accident at the time it occurred, she did not file a workers' compensation claim. Instead, the bills for her medical expenses or physical therapy were paid under her automobile insurance policy. Then, in November 1993, the automobile insurance company learned of the industrial nature of the accident and denied liability. After...