94-0997. DAVID ELY CURTIS vs. RON BROWN dba B and R BLOCK and THE UNINSURED EMPLOYERS' FUND Defendants.

• Court: Utah

Utah Workers Compensation Decisions 1995. 94-0997. DAVID ELY CURTIS vs. RON BROWN dba B and R BLOCK and THE UNINSURED EMPLOYERS' FUND Defendants THE INDUSTRIAL COMMISSION OF UTAHDAVID ELY CURTIS, Applicant, vs. RON BROWN, dba B and R BLOCK, and THE UNINSURED EMPLOYERS' FUND, Defendants.Case No. 94-0997ORDER DENYING MOTION FOR REVIEWRon Brown, dba B and R Block, asks The Industrial Commission of Utah to review the Administrative Law Judge's award of benefits to Mr. Curtis 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 1) Should Mr. Curtis' claim for workers' compensation benefits be reopened for an additional evidentiary hearing. 2) Is the ALJ's award of compensation supported by the evidence. FINDINGS OF FACT The Industrial Commission adopts the findings of fact set forth in the ALJ's decision, which can be summarized as follows: On September 19, 1994, while employed by Brown, Mr. Curtis cut his foot. He received medical care over the next several weeks. The cut healed with no unusual complications and he was able to return to work again on October 19, 1994. His physician determined that Mr. Curtis suffered a 2% whole person impairment as a result of the injury. At the time of his accident, Mr. Curtis worked 34 hours per week and earned $5 per hour. He was unmarried and had no dependents. DISCUSSION AND CONCLUSIONS OF LAW As the first point in its motion for review, Brown asks for a new evidentiary hearing on Mr. Curtis' claim. However, Brown has not identified any basis for such an additional hearing, except that Brown is dissatisfied with the results of the first hearing. The mere fact that a party is unhappy with the result of an adjudicative proceeding is not a sufficient basis for granting a new hearing. The Industrial Commission therefore...