94-0422. COLTER JENSEN vs. CHRIS CARD dba PROCARE and THE UNINSURED EMPLOYERS' FUND Defendants.

CourtUtah
Utah Workers Compensation Decisions 1995. 94-0422. COLTER JENSEN vs. CHRIS CARD dba PROCARE and THE UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHCOLTER JENSEN, Applicant, vs. CHRIS CARD dba PROCARE, and THE UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0422ORDER DENYING MOTION FOR REVIEWIn the above entitled matter, the Administrative Law Judge awarded workers' compensation benefits to Colter Jensen and held Mr. Jensen's employer, Chris Card dba Procare, liable for such benefits. The ALJ also determined that Procare had insufficient assets to pay Mr. Jensen's benefits and therefore ordered the Uninsured Employers' Fund ("UEF" hereafter) to pay such benefits. The ALJ granted the UEF a right of subrogation against Mr. Card for the amount of its payments to Mr. Jensen. Mr. Card has now filed a Motion For Review of the ALJ' s decision. 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. DISCUSSION AND CONCLUSIONS OF LAW In his Motion For Review, Mr. Card alleges he did not receive notice of the hearing held in this matter on September 7, 1994. The Commission's file shows that Notice of Hearing was properly mailed to Mr. Card's address of record. Furthermore, Mr. Card's Motion For Review does not contest any of the AL J' s findings of fact or legal conclusions...

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