94-0424. JULIE ANNE SHERARD-AARO vs. JACK B. PARSON COMPANIES and TRANSAMERICA INSURANCE GROUP Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0424. JULIE ANNE SHERARD-AARO vs. JACK B. PARSON COMPANIES and TRANSAMERICA INSURANCE GROUP Defendants THE INDUSTRIAL COMMISSION OF UTAHJULIE ANNE SHERARD-AARO, Applicant, vs. JACK B. PARSON COMPANIES and TRANSAMERICA INSURANCE GROUP, Defendants.Case No. 94-0424ORDER OF REMANDJulie Anne Sherard-Aaro asks The Industrial Commission of Utah to review the decision of the Administrative Law Judge regarding Ms. Sherard-Aaro's 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. BACKGROUND The ALJ entered his initial order in this matter on November 2, 1994. Jack B. Parson Companies and its insurance carrier, Transamerica Insurance Group, (hereafter referred to jointly as "Parson") filed a motion for review. Ms. Sherard-Aaro was given an opportunity to respond to Parson's motion, but did not do so. After having reviewed Parson's motion for review, and pursuant to the Industrial Commission's Rule R568-1-5.M.2., the ALJ issued a supplemental order on January 31, 1995. In his supplemental order, the ALJ reviewed the available medical evidence and concluded that Ms. Sherard-Aaro was entitled to temporary total disability compensation for a shorter period of time than had been awarded in the initial order. The supplemental order therefore limited her eligibility for temporary total disability to the periods of July 7 through September 1, 1993 and September 23, 1993 through October 6, 1993. Also in his supplemental order, the ALJ noted that no evidence had been adduced at the hearing as to the number of hours Ms. Sherard-Aaro was working at the time of her accident. The ALJ disregarded Ms. Sherard-Aaro's statement on her application that she was working 60 hours per week. Instead, the ALJ accepted Parson's statement in its answer that Ms. Sherard-Aaro was working only 40 hours per week. The ALJ recomputed Ms. Sherard-Aaro's weekly compensation amount accordingly. Upon receipt of the ALJ's supplemental order, Parson's withdrew the motion for review it had filed earlier. However, on March 3, 1995, Ms. Sherard-Aaro submitted a document entitled "Request For Reconsideration Of Review By The Medical Panel." The Industrial...