94-0467. KAREN RICE vs. MCDONALD'S RESTAURANT and MID-CENTURY INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0467. KAREN RICE vs. MCDONALD'S RESTAURANT and MID-CENTURY INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHKAREN RICE, Applicant, vs. MCDONALD'S RESTAURANT and MID-CENTURY INSURANCE, Defendants.Case No. 94-0467ORDER ON MOTIONS FOR REVIEWMcDonald's Restaurant and its insurance carrier, Mid-Century Insurance (referred to jointly as "McDonald's" hereafter), ask The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to Karen Rice pursuant to the Utah Workers' Compensation Act. Ms. Rice asks the Industrial Commission to review that part of the ALJ's decision limiting the duration of her temporary total disability compensation. The Industrial Commission exercises jurisdiction over these motions 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 Ms. Rice was employed in a supervisory capacity at McDonald's on January 4, 1994, the date of her alleged work injury. According to Ms. Rice, on that day she began to experience back pain while lifting boxes of food items. Also according to Ms. Rice, she had not suffered any back discomfort prior to the work incident on January 4. Despite Ms. Rice's alleged injury, she worked her regular shifts on January 5 and 6 without reporting any injury to her supervisor. She then was scheduled for four days off work. She did not return to work on January 11, but instead saw Dr. Sherman for what she thought was the flu. Then, on January 17, she saw Dr. McGlothlin for back pain. Ms. Rice's back pain was ultimately diagnosed as a sprain and she was restricted from work for several months. Although Ms. Rice was in frequent contact with her supervisors, she did not advise them that her back problem was work related until six weeks after the alleged work injury. Likewise, she did not mention the alleged work injury to Dr. Sherman on January 11 or to Dr. McGlothlin on January 17. It was not until February 18 that Ms. Rice first reported the alleged work injury to Dr. McGlothlin. During December 1993, several days prior to the alleged work injury, Ms. Rice told Mr. Moriarity, a co-worker, that she had hurt her back at home while making a bed. On the morning of January 4, 1994, again before the time of the alleged work injury, Ms. Rice told Mr...