94-0552. HILDEGARD T. TAAFUA Widow of PANIANI S. TAAFUA vs. HARSCO CORPORATION and CIGNA PROPERTY and CASUALTY COMPANIES Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0552. HILDEGARD T. TAAFUA Widow of PANIANI S. TAAFUA vs. HARSCO CORPORATION and CIGNA PROPERTY and CASUALTY COMPANIES Defendants THE INDUSTRIAL COMMISSION OF UTAHHILDEGARD T. TAAFUA, Widow of PANIANI S. TAAFUA, Applicant, vs. HARSCO CORPORATION and CIGNA PROPERTY and CASUALTY COMPANIES, Defendants,Case No. 94-0552ORDER DENYING MOTION FOR REVIEWHildegard T. Taafua, widow of Paniani S. Taafua, asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of Mrs. Taafua's claim for benefits 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 OF REVIEW Do the undisputed facts of Mrs. Taafua's claim show she is not entitled to benefits under the Utah Workers' Compensation Act as the surviving spouse of Paniani S. Taafua. BACKGROUND AND FINDINGS OF FACT Paniani S. Taafua, an employee of Harsco, died in a motor vehicle accident on February 12, 1994. Hildegard T. Taafua, his widow, filed a claim for workers' compensation benefits alleging that Mr. Taafua's fatal accident arose out of and in the course of his employment. Harsco then filed a motion for summary judgment, arguing that the undisputed facts of Mr. Taafua's death showed that Mrs. Taafua's claim should be dismissed as a matter of law. The ALJ granted Harsco's motion for summary judgment and dismissed Mrs. Taafua's claim. Mrs. Taafua then filed a motion for review with the Industrial Commission. Having reviewed the record in this matter, including affidavits submitted by the parties, the Industrial Commission finds the following material facts to be without genuine dispute: 1. At the time of his death, Mr. Taafua was a resident of Magna, Utah. He was employed by Harsco at a job site in Carlin, Nevada. 2. While working on the Harsco project, Mr. Taafua generally stayed in a hotel in Carlin, approximately six miles from the job site. On occasion, he would travel from Carlin to his home in Magna. 3. Harsco paid a per diem living allowance to Mr. Taafua. It did not provide transportation between Carlin and Magna, Utah nor did it reimburse Mr. Taafua for such travel. 4. On February 12, 1994, Mr. Taafua worked his assigned shift at...