94-0845. BRETT J. PEARSON and TRACY A. PEARSON children of ALVIN D. PEARSON deceased s vs. HALLIBURTON SERVICES (IMCO) and HIGHLANDS INSURANCE Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0845. BRETT J. PEARSON and TRACY A. PEARSON children of ALVIN D. PEARSON deceased s vs. HALLIBURTON SERVICES (IMCO) and HIGHLANDS INSURANCE Defendants THE INDUSTRIAL COMMISSION OF UTAHBRETT J. PEARSON and TRACY A. PEARSON, children of ALVIN D. PEARSON, deceased, Applicants, vs. HALLIBURTON SERVICES (IMCO) and HIGHLANDS INSURANCE, Defendants.Case No. 94-0845ORDER OF REMANDHalliburton Services (IMCO) and its workers' compensation insurance carrier, Highlands Insurance, (referred to jointly as "IMCO" hereafter) ask the Industrial Commission of Utah to review the Administrative Law Judge's award, pursuant to the Utah Workers' Compensation Act, of compensation to Brett J. Pearson and Tracy A. Pearson as surviving children of Alvin D. Pearson, deceased. 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 REVIEW Is IMCO entitled to a hearing regarding the amount of compensation due Brett J. Pearson and Tracy A. Pearson. BACKGROUND Alvin D. Pearson died in an industrial accident on February 21, 1980, while employed by IMCO. His wife, Lowetta Pearson, and two minor children, Brett J. and Tracy A. Pearson, survived him. On April 2, 1980, pursuant to Utah Code Ann. §35-1-68, the Commission ordered IMCO to pay dependent survivors' compensation to Mrs. Pearson and the two children in the amount of $179 per week for 312 weeks and subject to renewal thereafter until each of the Pearson children achieved the age of majority. Five years after Mr. Pearson's death, Mrs. Pearson remarried. Pursuant to Utah Code Ann. §35-1-73, the Industrial Commission awarded her the unpaid balance of the initial 312 weeks of compensation. No provisions were made for payment of continuing compensation to Brett and Tracy Pearson, who at the time were both under 18 years of age. On March 14, 1994, the ALJ issued a sua sponte order directing IMCO to pay dependent survivors' compensation to Brett and Tracy Pearson for the period between February 1986 and the date each of the children reached 18 years of age. In response to the ALJ's order, IMCO filed a motion for review with the Industrial Commission. Among other issues, IMCO argued that because the ALJ had acted sua sponte, without...