94-0613. DENENE WHETMAN vs. ASSOCIATION OF REGIONAL UNIVERSITY PATHOLOGISTS and TIG INSURANCE COMPANY Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0613. DENENE WHETMAN vs. ASSOCIATION OF REGIONAL UNIVERSITY PATHOLOGISTS and TIG INSURANCE COMPANY Defendants THE INDUSTRIAL COMMISSION OF UTAHDENENE WHETMAN Applicant, vs. ASSOCIATION OF REGIONAL UNIVERSITY PATHOLOGISTS and TIG INSURANCE COMPANY, Defendants.Case No. 94-0613ORDER DENYING MOTION FOR REVIEWDenene Whetman asks The Industrial Commission of Utah to review the Administrative Law Judge's denial of Ms. Whetman's 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 Does the evidence support the ALJ's determination that Ms. Whetman did not experience a work related accident. FINDINGS OF FACT The Industrial Commission adopts the findings of fact set forth in the ALJ's decision, summarized as follows: On October 20, 1993, Ms. Whetman was employed by the Association of Regional University Pathologists ("ARUP" hereafter). For lunch that day, she and other employees ordered "take out" meals from a local restaurant, which meals were then consumed at ARUP premises. Each employee chose and paid for her own meal. Shortly after consuming her meal, Ms. Whetman experienced nausea, fever, and headache. She was taken to ARUP's blood donor room to lie down in one of the reclining lounge chairs used by blood donors. She began to vomit. Ms. Fahina, a co-worker, assisted her in moving from the chair to the floor. ARUP staff called Ms. Whetman's husband, who took her home. Ms. Whetman subsequently complained of back and neck pain. She was examined by a physician's assistant and several doctors over the next several months. She consistently attributed the onset of her back pain to the episode of vomiting that occurred on October 23, 1993. She did not claim to have fallen from the blood donor chair on that date. On November 30, 1993, Ms. Whetman was diagnosed as suffering from a herniated disc. On December 7, 1993, she was terminated from her employment at ARUP for unacceptable work performance. On January 11, 1994, for the first time, she reported she had injured her back by falling from the blood donor chair at ARUP on October 23, 1993. Ms. Whetman underwent back surgery on January 31, 1994. On July...