94-0470. WILLIAM GOODRICH vs. FLOYD JENNINGS CONSTRUCTION and WORKERS COMPENSATION FUND OF UTAH Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0470. WILLIAM GOODRICH vs. FLOYD JENNINGS CONSTRUCTION and WORKERS COMPENSATION FUND OF UTAH Defendants THE INDUSTRIAL COMMISSION OF UTAHWILLIAM GOODRICH, Applicant, vs. FLOYD JENNINGS CONSTRUCTION and WORKERS COMPENSATION FUND OF UTAH, Defendants.Case No. 94-0470ORDER ON MOTION FOR REVIEWFloyd Jennings Construction and its insurance carrier, the Workers Compensation Fund of Utah (referred to jointly as "Jennings" hereafter) ask The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to William Goodrich under the Utah Workers' Compensation Act. The Industrial Commission exercises jurisdiction over Jennings' 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. ISSUES UNDER REVIEW Jennings raises two issues: First, did the ALJ correctly compute Mr. Goodrich's average weekly wage. Second, does the evidence support the ALJ's finding that Mr. Goodrich suffered a 10% whole person impairment as a result of his industrial accident. FINDINGS OF FACT On June 21, 1993, Mr. Goodrich was injured while working as a roofer for Jennings. On his initial application for hearing, Mr. Goodrich reported that he was working between 40 and 48 hours per week at the time of his injury. Then, at the hearing before the ALJ, he testified he expected to work between 50 to 60 hours during the week of the accident. Mr. Goodrich actually worked 11 hours on the day of the accident, but was unable to work thereafter due to his injuries. During the 29 days prior to the accident, Mr. Goodrich worked an average of 36.33 hours per week and earned $7 per hour. As to the extent of Mr. Goodrich's permanent impairment resulting from his industrial accident, the medical evidence is as follows: On January 27, 1994, Dr. Momberger concluded that Mr. Goodrich suffered from symptoms of back and radicular pain and that such symptoms constituted a "class II" impairment, equivalent to a 10% whole person impairment under the Utah modifications of the A.M.A. Guides to the Evaluation of Permanent Impairment, Fourth Edition ("Guides" hereafter).(fn1) On August 5, 1994, Dr. Knoebel examined Mr. Goodrich on behalf of Jennings. Dr. Knoebel concluded that Mr. Goodrich did not suffer from radiculopathy and had experienced only a 5% whole...