94-0577. CODY ROY PARKER vs. SALT LAKE CITY CORPORATION Defendant.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0577. CODY ROY PARKER vs. SALT LAKE CITY CORPORATION Defendant THE INDUSTRIAL COMMISSION OF UTAHCODY ROY PARKER, Applicant, vs. SALT LAKE CITY CORPORATION, Defendant.Case No. 94-0577ORDER OF REMANDCody Roy Parker asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of his 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. ISSUE UNDER REVIEW 1) Did Mr. Parker's industrial accident on June 23, 1993 cause his lumbar back injury. 2) Should the medical aspects of Mr. Parker's claim be referred to a medical panel. BACKGROUND Mr. Parker was employed by Salt Lake City Corporation as a truck driver. On June 23, 1993, in the course of his employment, he was involved in a collision that threw him against the top of his truck cab and against the steering column. Immediately after the accident, Mr. Parker complained of neck and back pain. On June 24, 1993, Dr. Johnson of the Salt Lake Industrial Clinic ("SLIC") examined Mr. Parker and noted cervical, thoracic and upper lumbar tenderness. In a follow up visit to SLIC on July 1, 1993, Mr. Parker reported pain in his neck, shoulders and right arm. On July 7, 1993, Mr. Parker sought emergency treatment at Holy Cross Hospital for low back pain. He first experienced the low back pain while opening a door in his home. After his emergency treatment at Holy Cross, he received follow up examinations at SLIC and was released to work on July 23, 1993. On October 28, 1993, Mr. Parker reported additional low back pain and was referred to Dr. Bauman. After a period of unsuccessful conservative treatment, Mr. Parker was diagnosed as suffering from a herniated disc, which Dr. Bauman surgically removed on December 14, 1993. Following a period of recovery, Dr. Bauman concluded that Mr. Parker's low back injury had left him with a 10% impairment of the whole person. Mr. Parker then filed an application for workers' compensation benefits arising from his low back injury and surgery. The ALJ denied the application on the grounds that Mr. Parker's industrial accident of June 23, 1993 was not the medical cause of his low back injury. On the issue...