94-0585. JUAN VASQUEZ vs. LINFORD BROTHERS GLASS COMPANY and KEMPER INSURANCE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0585. JUAN VASQUEZ vs. LINFORD BROTHERS GLASS COMPANY and KEMPER INSURANCE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHJUAN VASQUEZ, Applicant, vs. LINFORD BROTHERS GLASS COMPANY and KEMPER INSURANCE COMPANY, Defendants.Case No. 94-0585ORDER DENYING MOTION FOR REVIEWLinford Brothers Glass Company and its workers' compensation insurance carrier, Kemper Insurance Company (referred to jointly as "Linford" hereafter), ask The Industrial Commission of Utah to review the Administrative Law Judge's order regarding Juan Vasquez' application 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 On November 27, 1990, while employed by Linford, Mr. Vasquez suffered an compensable industrial injury. He has been awarded temporary total disability compensation of $18,405.52, medical benefits, permanent partial disability compensation of $9,856.08, and interest. The parties do not contest the ALJ's award of workers' compensation benefits. During the same time that Mr. Vasquez was totally disabled from his industrial accident, he also received unemployment insurance compensation to which he was not entitled. The parties agree that Mr. Vasquez must now repay $9,274 to Job Service. The ALJ ordered Linford to deduct $9,724 from Mr. Vasquez' temporary total disability compensation and to pay that sum directly to Job Service. Linford argues that rather than repaying Job Service, it should be permitted to offset the amount Mr. Vasquez received in unemployment benefits against the workers' compensation that it would otherwise be obligated to pay. DISCUSSION AND CONCLUSIONS OF LAW As noted above, the ALJ has ordered Linford to use a portion of Mr. Vasquez' workers' compensation benefits to reimburse Job Service for unemployment benefits that were improperly claimed by Mr. Vasquez...