94-0867. LEE FITZGERALD vs. DOVE INTERNATIONAL and WORKERS COMPENSATION FUND OF UTAH Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0867. LEE FITZGERALD vs. DOVE INTERNATIONAL and WORKERS COMPENSATION FUND OF UTAH Defendants THE INDUSTRIAL COMMISSION OF UTAHLEE FITZGERALD, Applicant, vs. DOVE INTERNATIONAL and WORKERS COMPENSATION FUND OF UTAH, Defendants.Case No. 94-0867ORDER DENYING MOTION FOR RECONSIDERATIONDove International and its workers' compensation insurance carrier, The Workers Compensation Fund of Utah, (referred to jointly as "Dove" hereafter) ask that The Industrial Commission reconsider its previous decision in this matter. The Industrial Commission exercises jurisdiction over this motion for reconsideration pursuant to Utah Code Ann. §63-46b-13 and Utah Admin. Code R568-1-4.O. ISSUE UNDER REVIEW Did Dove waive its objections to Lee Fitzgerald's physical therapy by entering into a compensation agreement with Mr. Fitzgerald. BACKGROUND The facts of this matter are not in dispute. They are set forth in full in the Industrial Commission's previous decision of June 29, 1995 and will not be repeated here. DISCUSSION Dove's request for reconsideration does not raise any issues that were not previously considered by the Industrial Commission. Having reviewed this matter again, the Industrial Commission reaffirms its previous conclusion that Dove knowingly relinquished its right to contest payment of Mr. Fitzgerald's physical therapy when it signed the compensation agreement with Mr. Fitzgerald. In reaffirming its previous...