94-0967. JOHN R. KIMBALL vs. STAMPEDE TRUCKING and WORKERS COMPENSATION FUND OF UTAH Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0967. JOHN R. KIMBALL vs. STAMPEDE TRUCKING and WORKERS COMPENSATION FUND OF UTAH Defendants THE INDUSTRIAL COMMISSION OF UTAHJOHN R. KIMBALL, Applicant, vs. STAMPEDE TRUCKING and WORKERS COMPENSATION FUND OF UTAH, Defendants.Case No. 94-0967ORDER DENYING MOTION FOR REVIEWStampede Trucking and The Workers Compensation Fund of Utah (referred to jointly as "Stampede") ask The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to John R. Kimball pursuant to 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. ISSUES UNDER REVIEW Stampede raises the following issues in its motion for review: 1) Is Dr. Knorpp's report admissible as evidence in this proceeding? 2) Should the ALJ have referred Mr. Kimball's claim to a medical panel? 3) Are the ALJ's findings and conclusions sufficient? FINDINGS OF FACT The Industrial Commission adopts the ALJ's exhaustive recitation of the subsidiary facts regarding Mr. Kimball's claim. The Industrial Commission's file provides additional information on the procedural aspects of this case. The facts material to this motion for review are summarized below: On March 15, 1993, Mr. Kimball was in a traffic accident while working for Stampede. He received medical treatment for various injuries, including neck and upper back strain. He returned to work during August 1993. Stampede paid workers' compensation benefits arising from Mr. Kimball's accident. Several months later, Mr. Kimball began suffering severe headaches. During July 1994, on instruction from his physician, Mr. Kimball left work and commenced an additional course of medical treatment. Mr. Kimball then requested additional workers' compensation benefits from Stampede on the theory that his continuing medical complaints were caused by his prior industrial accident. Mr. Kimball's claim was supported by the medical opinions of his treating physicians. Stampede denied Mr. Kimball's claim and employed Dr. Yelton to perform what is commonly referred to as an "independent medical evaluation" ("IME") of Mr. Kimball's medical condition. In the meantime, Mr. Kimball submitted an application for hearing to the...